Compiler's Note The Journal of the Senate for the regular session of 1991 is bound in two separate volumes. Volume I contains January 14, 1991 through March 8, 1991. Volume II contains March 11, 1991 through March 15, 1991 and the complete index. Volume II also contains the Journal and index for the 1991 Special Session. JOURNAL OF THE SENATE OF THE STATE OF GEORGIA REGULAR SESSION 1991 VOLUME I Commenced at Atlanta, Georgia, Monday, January 14, 1991 and adjourned Friday, March 15, 1991 OFFICERS OF THE STATE SENATE 1991 PIERRE HOWARD ................. President (Lieutenant Governor) FULTON COUNTY J. NATHAN DEAL ......................... President Pro Tempore HALL COUNTY HAMILTON McWHORTER, JR. ............ Secretary of the Senate OGLETHORPE COUNTY HOLMAN EDMOND, JR. ......................... Sergeant at Arms FULTON COUNTY STAFF OF SECRETARY OF SENATE ALICE ENRIGHT .............................. Assistant Secretary FULTON COUNTY SHIRLEY SHELNUTT .............................. Journal Clerk ROCKDALE COUNTY ROBERT EWING ............................ Assistant to Secretary DeKALB COUNTY AGNES DOSTER.................................. Enrolling Clerk GWINNETT COUNTY CLARA BASKIN ................................. Bill Status Clerk COBB COUNTY LINDA THOMPSON................................ Calendar Clerk CLAYTON COUNTY FAYE MOORE .................................. Information Clerk GWINNETT COUNTY FREIDA ELLIS. ......................................... Bill Clerk FULTON COUNTY SARAH BROWNE .............................. Assistant Bill Clerk FULTON COUNTY MEMBERS OF THE SENATE OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND ADDRESSES FOR THE TERM 1991-1992 Senators District Address Frank A. Albert (R)............... 23 ......... Augusta Roy L. Alien (D) .................. 2 ......... Savannah A. Quillian Baldwin, Jr. (D)........ 29 ......... LaGrange Sanford D. Bishop, Jr. (D)......... 15 ......... Columbus Rooney L. Bowen (D) ............. 13 ......... Cordele Paul C. Broun (D) ................ 46 ......... Athens Joe Burton (R) .................... 5 ......... Atlanta Charles C. (Chuck) Clay (R) ....... 37 ......... Marietta J. Tom Coleman, Jr. (D) ........... 1 ......... Savannah Mac Collins (R) .................. 17 ......... Jackson Harrill L. Dawkins (D) ............ 45 ......... Conyers J. Nathan Deal (D) ............... 49 ......... Gainesville Nathan Dean (D) ................. 31 ......... Rockmart Earl Echols, Jr. (D) ................ 6 ......... Patterson Arthur B. "Skin" Edge, IV (R)..... 28 ......... Newnan Michael J. Egan (R) .............. 40 ......... Atlanta Bill English (D) .................. 21 ......... Swainsboro John C. Foster (D)................ 50 ......... Cornelia Wayne Garner (D) ................ 30 ......... Carrollton Hugh M. Gillis, Sr. (D)............ 20 ......... Soperton R. Joseph Hammill (D)............ 3 ......... Brunswick W. F. (Billy) Harris (D) ........... 27 ........ .Thomaston William G. (Bill) Hasty, Sr. (D) . . .. 51 ......... Canton Steve Henson (D)................. 55 ......... Stone Mountain Jack Hill (D) ...................... 4 ......... Reidsville George Hooks (D)................. 14 ......... Americus Waymond C. (Sonny) Huggins (D) . 53 ......... LaFayette C. Donald Johnson, Jr. (D) ........ 47 ......... Royston Culver Kidd (D) .................. 25 ......... Milledgeville Arthur Langford, Jr. (D) .......... 35 ......... Atlanta Richard O. Marable (D) ........... 52 ........ Rome Judy H. Moye (D) ................ 34 ........ . Fayetteville Sallie Newbill (R)................. 56 ........ .Atlanta Tommy C. Olmstead (D) .......... 26 ......... Macon Sonny Perdue (D) ................ 18 ......... Bonaire Ed Perry (D) ...................... 7 ......... Nashville R. T. (Tom) Phillips (R) ......... 9 ......... Lilburn Lynda Coker (R) ................. 21, Post 2 ....... Marietta Terry L. Coleman (D) ............ 118 ............. Eastman Carlton H. Colwell (D) ............. 4, Post 1 ....... Blairsville Jack Connell (D) ................. 87 ............. Augusta Ronnie Culbreth (D) .............. 97 ............. Columbus Bill Cummings (D)................ 17 ............. Rockmart Mary Young Cummings (D)....... 134 ............. Albany Grace W. Davis (D) ............... 29 ............. Atlanta J. Max Davis (R) ................. 45 ............. Atlanta Harry D. Dixon (D) .............. 151 ............. Waycross Sonny Dixon (D) ................ 128 ............. Garden City Denny M. Dobbs (D).............. 74 ............ Covington William J. (Bill) Dover (D) ........ 11, Post 1 ...... Clarkesville Wesley Dunn (D) ................. 73 ............. McDonough Ward Edwards (D)............... 112 ............. Butler Wayne A. Elliott (R) ............. 103 ............. Macon Dorothy Felton (R) ............... 22 ............ .Atlanta Ronald (Ron) Fennel (D) ......... 155 ............. Brunswick James Marvin (Jimmy) Floyd (D) . 154 ............. Hinesville Johnny Floyd (D)................ 135 ............. Cordele Crisp B. Flynt (D) ................ 75 ............ Griffin John F. Godbee (D).............. 110 ............. Brooklet Tim Golden (D) ................. 148 ............. Valdosta Bill Goodwin (R) ................. 63 ............. Norcross George F. Green, M.D. (D) ....... 106 ............. White Plains Gerald E. Greene (D) ............ 130 ............. Cuthbert Jim T. Griffin (D) ................. 6, Post 1 ...... .Tunnel Hill Denmark Groover, Jr. (D) ......... 99 ............. Macon DeWayne Hamilton (D) .......... 124 ............ Savannah John W. Hammond (D) ........... 20, Post 5 ....... Marietta Robert (Bob) Hanner (D)......... 131 ............. Dawson Bobby Harris (D) ................. 84 ............. Thomson Jed Harris (D).................... 96 ............. Columbus Paul W. Heard, Jr. (R) ............ 43 ............. Peachtree City Michele Henson (D)............... 57, Post 2 ....... Stone Mountain Suzi Johnson Herbert (D) ......... 76 ............. Griffin Anthony Hightower (D) ........... 36 ............. College Park Ray Holland (D)................. 136 ............ . Ashburn Bob Holmes (D) .................. 28 ............. Atlanta Henry Howard (D)................ 85 ............. Augusta W.N. (Newt) Hudson (D)......... 117 ............ .Rochelle David B. Irwin (D)................ 57, Post 1 ....... Conyers Jerry D. Jackson (D) ............... 9, Post 3 ....... Chestnut Mountain Mary Jeanette Jamieson (D) ....... 11, Post 2 ...... Toccoa Curtis S. Jenkins (D).............. 80 ............. Forsyth Sidney P. Jones (R)............... 71 ............. Newnan Thomas M. (Tom) Kilgore (D) ..... 42 ............. Douglasville Glynda B. King (D)............... 72, Post 3 ...... .Riverdale Jack Kingston (R) ............... 125 ............. Savannah Kip Klein (R) .................... 21, Post 4 ....... Marietta Bart Ladd (R).................... 44 .............Atlanta Bob Lane (D) ................... Ill ............. Statesboro Dick Lane (D).................... 27 ............. East Point James Beverly Langford (D) ........ 7 ............. Calhoun Tom E. Lawrence (R) ............. 49 ............. Stone Mountain Bobby Lawson (D) ................. 9, Post 2 ....... Gainesville William J. (Bill) Lee (D) .......... 72, Post 1 ....... Forest Park Bobby Long (D) ................. 142 ............. Cairo Jimmy Lord (D) ................. 107 ............. Sandersville David E. (Dave) Lucas (D) ....... 102 ............. Macon John M. Lupton, III (R)........... 25 ............. Atlanta Harold Mann (R) .................. 6, Post 2 ....... Dalton Jim Martin (D) ................... 26 ............ .Atlanta Robert H. McCoy (D) .............. 1, Post 2 ....... Rossville Forrest L. McKelvey (D) .......... 15, Post 2 ....... Silver Creek Cynthia Ann McKinney (D) ....... 40 ............. Atlanta J. E. (Billy) McKinney (D) ........ 35 ............ .Atlanta Leonard R. (Nookie) Meadows (D) .91 ............. Manchester John Merritt (D) ................ 123 ............. Thunderbolt Wade Milam (D) ................. 81 ............ LaGrange Debra Mills (D) .................. 20, Post 2 ....... Powder Springs John O. Mobley, Jr. (D) ........... 64 .............Winder Lundsford Moody (D) ............ 153, Post 1 ....... Baxley Emory Morsberger (R) ............ 62 ............. Stone Mountain Roy D. Moultrie (D) .............. 93 ............ .Hamilton Anne Mueller (R) ................ 126 ............. Savannah Thomas B. (Tom) Murphy (D) ..... 18 ............. Bremen Clinton Oliver (D) ............... 121 ............. Glennville Mary Margaret Oliver (D) ......... 53 ............. Decatur Wye Orr (D) ...................... 9, Post 1 ....... Gainesville Nancy (Nan) Orrock (D) .......... 30 ............ .Atlanta Michael J. (Mike) Padgett (D) ..... 86 ............. Augusta Bobby E. Parham (D) ............ 105 ............. Milledgeville Larry J. (Butch) Parrish (D) ...... 109 ............. Swainsboro Robert L. (Bob) Patten (D)....... 149 ............. Lakeland Dorothy B. Pelote (D)............ 127 ............. Savannah Tim Perry (D)..................... 5 ........... .Trion Hugh B. (Boyd) Pettit (D)......... 19 ............. Cartersville Garland Pinholster (R) ............. 8, Post 2 ....... Ballground Frank C. Pinkston (D) ........... 100 ............. Macon Charles (Judy) Poag (D)............ 3 ............ .Eton DuBose Porter (D)............... 119 ............. Dublin McCracken (Ken) Poston, Jr. (D) ... 2 ............. Ringgold Alan T. Powell (D)................ 13, Post 2 ....... Hartwell C. J. Powell (D) ................. 145 ............. Moultrie Ann R. Purcell (D)............... 129 ............. Rincon William C. (Billy) Randall (D) . . . . 101 ............. Macon Robert Ray (D)................... 98 ............ .Fort Valley Henry L. Reaves (D) ............. 147 ............. Quitman Frank L. Redding, Jr. (D) ......... 50 ............. Decatur Edward Ricketson, Jr. (D) ......... 82 ............. Warrenton A. Richard Royal (D) ............ 144 ............. Camilla Helen (Mrs.) Selman (D) .......... 32 ............. Palmetto Tom Sherrill (D) ................. 47 ............ .Atlanta John Simpson (D) ................ 70 ............. Bowden Georganna T. Sinkfield (D) ........ 37 ............. Atlanta Jimmy Skipper, Jr. (D)........... 116 ............. Americus Larry Smith (D) .................. 78 ............. Jackson Paul E. Smith (D) ................ 16 ............. Rome Tommy Smith (D) ............... 152 ............. Alma Willou Smith (R) ................ 156 ............. Brunswick Calvin Smyre (D) ................. 92 ............. Columbus Michael M. (Mike) Snow (D) ....... 1, Post 1 ....... Chickamauga Frank E. Stancil (D) .............. 66 ............. Watkinsville Steve Stancil (R) .................. 8, Post 1 ....... Canton LaNett Stanley (D) ............... 33 ............. Atlanta Lawton Evans Stephens (D) ....... 68 ............. Athens Van Streat, Sr. (D) .............. 139 ............ .Nicholls Maretta Taylor (D) .............. 94 ............. Columbus Doug Teper (D) .................. 46 ............. Atlanta Charles Thomas (D) .............. 69 ............. Temple Mable "Able" Thomas (D)......... 31 ............ .Atlanta Nadine Thomas (D)............... 55 ............. Atlanta Mike L. Thurmond (D)............ 67 ............. Athens Theo Titus, III (R) .............. 143 ............ .Thomasville Claude (Tommy) Tolbert (R) ...... 58 ............. Clarkston Kiliaen Townsend (R) ............. 24 ............. Atlanta Henrietta Turnquest (D) .......... 56 ............. Decatur Ralph Twiggs (D).................. 4, Post 2 ....... Hiawassee Rita Valenti (D) .................. 52 ............. Clarkston Jack Vaughan, Jr. (R) ............. 20, Post 1 ....... Marietta H. Jay Walker, III (D) ........... 113 ............. Centerville Larry Walker (D) ................ 115 ............. Perry Vinson Wall (R) .................. 61 ............. Lawrenceville J. Crawford Ware (D) ............. 77 ............. Hogansville Roy (Sonny) Watson, Jr. (D)...... 114 ............. Warner Robins Charlie Watts (D)................. 41 .............Dallas John White (D).................. 132 ............ .Albany Tom Wilder, Jr. (R)............... 21, Post 5 ....... Marietta Betty Jo Williams (R)............. 48 ............. Atlanta Juanita Terry Williams (D) ........ 54 ............. Atlanta Robin Williams (R) ............... 90 ............. Augusta Charles W. Yeargin (D) ........... 14 ............. Elberton MONDAY, JANUARY 14, 1991 13 SENATE JOURNAL Senate Chamber, Atlanta, Georgia Monday, January 14, 1991 First Legislative Day The Senators-elect of the General Assembly of Georgia for the years 1991-92 met pur- suant to law in regular session in the Senate Chamber at 10:00 o'clock A.M. this day, and were called to order by Honorable Hamilton McWhorter, Jr., Secretary of the Senate. Senator Deal of the 49th introduced the chaplain of the day, Mr. Eddie Staub, Execu- tive Director of Eagle Ranch, Chestnut Mountain, Georgia, who offered scripture reading and prayer. The following communication from Honorable Max Cleland, Secretary of State, certifying the Senators-elect in the General Election of 1990 was received and read by the Reading Clerk: 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 three pages of typewritten matter are a true and correct list of the State Senators as elected in the November 6, 1990 General Election; all as the same appear of file and record in this office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 4th day of January, in the year of our Lord One Thousand Nine Hundred and Ninety-one and of the Independence of the United States of America the Two Hundred and Fifteenth. (SEAL) M Max Cleland Secretary of State STATE SENATORS ELECTED TO THE GENERAL ASSEMBLY NOVEMBER 6, 1990 GENERAL ELECTION DISTRICT ______COUNTIES______ ______NAME_______ PARTY 1 Portion of Chatham J. Tom Coleman, Jr. (I) D 2 Portion of Chatham Roy Alien D 3 Portion of Bryan, Portion of Joe Hammill (I) D Chatham, Portion of Glynn, Liberty and Mclntosh 4 Bryan, Bulloch, Candler, Jack Hill D Effingham, Evans, Long and Tattnall 5 Portion of DeKalb Joe Burton (I) R 14 JOURNAL OF THE SENATE 6 Portion of Appling, Bacon, Earl Echols (I) D Brantley, Camden, Charlton Portion of Glynn, Pierce and Wayne 7 Atkinson, Berrien, Clinch, Ed Perry (I) D Lanier, Tift and Ware 8 Brooks, Cook, Echols and Loyce W. Turner (I) D Lowndes 9 Portion of Gwinnett R. T. (Tom) Phillips (I) R 10 Portion of Colquitt, Decatur, Harold Ragan (I) D Grady and Thomas 11 Baker, Calhoun, Portion of Jimmy Hodge Timmons (I) D Chattahoochee, Clay, Early, Miller, Mitchell, Quitman, Randolph, Seminole, Stewart and Webster 12 Dougherty Mark Taylor (I) D 13 Ben Hill, Portion of Colquitt, Rooney L. Bowen (I) D Crisp, Dooly, Irwin, Turner and Worth 14 Lee, Macon, Peach, Schley, George Hooks D Sumter, Taylor and Terrell 15 Portion of Chattahoochee and Sanford Bishop D Portion of Muscogee 16 Marion, Portion of Muscogee Pete Robinson D and Talbot 17 Butts, Portion of Clayton and Mac Collins (I) R Henry 18 Portion of Bibb, Houston and Sonny Perdue D Twiggs 19 Bleckley, Coffee, Dodge, Jeff Walter S. Ray (I) D Davis, Pulaski, Telfair and Wilcox 20 Portion of Appling, Johnson, Hugh Gillis, Sr. (I) D Laurens, Montgomery, Toombs, Treutlen, Portion of Washington and Wheeler 21 Burke, Emanuel, Glascock, Bill English (I) D Jefferson, Jenkins, Screven and Portion of Washington 22 Portion of Richmond Charles W. Walker D 23 Portion of Columbia and Portion Frank Albert (I) R of Richmond MONDAY, JANUARY 14, 1991 15 24 Portion of Columbia, Greene, G. B. (Jake) Pollard, Jr. (I) D Lincoln, McDuffie, Oglethorpe, Taliaferro, Warren and Wilkes 25 Baldwin, Hancock, Jasper, Jones, Culver Kidd (I) D Morgan, Putnam and Wilkinson 26 Portion of Bibb Tommy Olmstead (I) D 27 Portion of Bibb, Crawford, W. F. (Billy) Harris (I) D Lamar, Monroe and Upson 28 Coweta, Pike and Spalding Arthur "Skin" Edge (I) R 29 Portion of Carroll, Harris, Quillian Baldwin (I) D Heard, Meriwether and Troup 30 Portion of Carroll and Portion of Wayne Garner (I) D Douglas 31 Portion of Bartow, Haralson, Nathan Dean (I) D Paulding and Polk 32 Portion of Cobb Hugh Ragan (I) R 33 Portion of Cobb Steve Thompson D 34 Portion of Douglas, Fayette and Judy Moye D Portion of Fulton 35 Portion of Fulton Arthur Langford, Jr. (I) D 36 Portion of Fulton David Scott (I) D 37 Portion of Cherokee and Portion Chuck Clay (I) R of Cobb 38 Portion of Fulton Horace E. Tate (I) D 39 Portion of Fulton Hildred Wright Shumake (I) D 40 Portion of Fulton Mike Egan (I) R 41 Portion of DeKalb James W. "Jim" Tysinger (I) R 42 Portion of DeKalb Cathey W. Steinberg D 43 Portion of DeKalb Eugene P. (Gene) Walker (I) D 44 Portion of Clayton Terrell A. Starr (I) D 45 Newton, Rockdale and Walton Harrill L. Dawkins (I) D 46 Clarke, Portion of Jackson and Paul C. Broun (I) D Oconee 47 Banks, Elbert, Franklin, Hart, Don Johnson (I) D Portion of Jackson and Madison 48 Barrow and Portion of Gwinnett Don White R 49 Portion of Forsyth and Hall Nathan Deal (I) D 16 JOURNAL OF THE SENATE 50 Dawson, Habersham, Lumpkin, John C. Foster (I) D Rabun, Stephens, Towns, Union and White 51 Portion of Cherokee, Fannin, William G. "Bill" Hasty, Sr. D Gilmer, Gordon, Pickens and Portion of Whitfield 52 Portion of Bartow and Floyd Richard O. Marable D 53 Portion of Catoosa, Chattooga, Waymond "Sonny" Huggins (I) D Dade and Walker 54 Portion of Catoosa, Murray and Tom Ramsey D Portion of Whitfield 55 Portion of DeKalb Steve Henson D 56 Portion of Cobb, Portion of Sallie Newbill (I) R Forsyth and Portion of Fulton (I) = Incumbent (D) = Democrat (R) = Republican Honorable Hamilton McWhorter, Jr., Secretary of the Senate, who was presiding, called for the morning roll call, and the following Senators-elect answered to their names: Albert Alien Baldwin Bishop Bowen Broun Clay CCoollleimnsan DDaewalkins Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill gHuogogki?ns JKoihdndson LMaanrgafbolred Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott SShteurmr ake 0St. em. b, erg ,T1ay,lor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Honorable Hamilton McWhorter, Jr., Secretary of the Senate, who was presiding, introduced the Honorable Harold G. Clarke, Chief Justice of the Supreme Court of the State of Georgia, who administered the following oath of office to all the Senators-elect at their desks: "I do hereby solemnly swear or affirm that I will support the Constitution of this State and of the United States, and on all questions and measures which may come before me, I will so conduct myself, as will, in my judgment, be most conducive to the interests and prosperity of this State. I further swear or affirm that I am not the holder of any public money due this State, unaccounted for, that I am not the holder of any office of trust under the government of the United States, nor of any one of the several states, nor of any foreign MONDAY, JANUARY 14, 1991 17 state, that I am otherwise qualified to hold said office according to the Constitution and the laws of Georgia. So help me God." The Secretary of the Senate, who was presiding, announced that the next order of business was the election of the President Pro Tempore. Senator Foster of the 50th nominated Senator Nathan Deal of the 49th District as President Pro Tempore. Senator Broun of the 46th seconded the nomination. Senator Garner of the 30th asked unanimous consent that the nominations be closed, and that the Assistant Secretary be instructed to cast the vote of the entire body for Senator Deal of the 49th. The consent was granted, and Senator Nathan Deal of the 49th was declared elected President Pro Tempore. The Secretary appointed Senators Alien of the 2nd, Pollard of the 24th and Baldwin of the 29th as a committee to escort Senator Deal of the 49th, President Pro Tempore, to the Rostrum of the Senate where he addressed the Senators extemporaneously. Senator Deal of the 49th, President Pro Tempore, assumed the Chair. Senator Deal of the 49th, President Pro Tempore, who was presiding, announced that the next order of business was the election of the Secretary of the Senate. Senator Broun of the 46th nominated Honorable Hamilton McWhorter, Jr., of Oglethorpe County, as Secretary of the Senate. Senator Garner of the 30th asked unanimous consent that the nominations be closed, and that the Assistant Secretary be instructed to cast the vote of the entire body for Honorable Hamilton McWhorter, Jr. The consent was granted, and Honorable Hamilton McWhorter, Jr., was declared elected Secretary of the Senate. The Secretary of the Senate, Hamilton McWhorter, Jr., then designated Alice Enright as Assistant Secretary of the Senate for the 1991-1992 Term of the General Assembly. The oath of office was administered to Honorable Hamilton McWhorter, Jr., as Secretary of the Senate, and Alice Enright, as Assistant Secretary of the Senate, by Senator Deal of the 49th, President Pro Tempore, who was presiding. Senator Deal of the 49th, President Pro Tempore, who was presiding, announced that the next order of business was the election of the Sergeant at Arms of the Senate. Senator Langford of the 35th nominated Holman Edmond, Jr., as Sergeant at Arms of the Senate. Senator Garner of the 30th asked unanimous consent that the nominations be closed, and that the Secretary be instructed to cast the vote of the entire body for Holman Edmond, Jr., as Sergeant at Arms of the Senate. The consent was granted, and Holman Edmond, Jr., was declared elected Sergeant at Arms of the Senate. 18 JOURNAL OF THE SENATE The following resolution of the Senate was read and put upon its adoption: SR 1. By Senators Deal of the 49th, Garner of the 30th and Dean of the 31st: A RESOLUTION Adopting the Rules of the Senate; and for other purposes. BE IT RESOLVED BY THE SENATE that the Rules of the Senate in force at the adjournment of the 1990 regular session of the General Assembly are hereby adopted as the Rules of the Senate for the 1991 regular session with the following exceptions: (1) Amend Senate Rule 8 by striking the rule in its entirety and inserting in lieu thereof a new Rule 8 to read as follows: "Rule 8. Senators elected to the following offices shall choose their Senate seats in the order listed below: President Pro Tempore Majority Leader Minority Leader All Senators who have more than 20 years of continuous service in the Senate shall be seated in the order in which their names appear on the list established for selecting offices: Administration Floor Leader Majority Whip One Assistant Administration Floor Leader Chairman of the Rules Committee All other Senators shall be seated by district number in ascending numerical order commencing with the lowest permanently numbered available seat." (2) Amend Senate Rule 17 by striking the second sentence in paragraph 4 which reads as follows: "The Decorum Committee shall be composed of the President of the Senate, who shall be chairman, the President Pro Tempore, the Majority Leader, the Minority Leader, and the Majority Whip." and inserting in lieu thereof the following: "The Decorum Committee shall be composed of the President of the Senate, who shall be chairman, the President Pro Tempore, the Majority Leader, the Minority Leader and the Chairman of the Rules Committee." (3) Amend Senate Rule 50 by striking the last sentence of paragraph 6 which reads as follows: "While any Senate committee is meeting, there shall be no eating or reading of newspapers in the meeting room." and inserting in lieu thereof the following: "While any Senate committee is meeting, there shall be no smoking, no eating or reading of newspapers in the meeting room." (4) Amend Rule 185 by striking the first paragraph and inserting in lieu thereof the following: "Rule 185. The President shall appoint the following standing committees, which shall not exceed the following number of Senators each: AGRICULTURE 5 APPROPRIATIONS 32 MONDAY, JANUARY 14, 1991 19 BANKING AND FINANCIAL INSTITUTIONS--15 CONSUMER AFFAIRS--5 CORRECTIONS--10 DEFENSE AND VETERANS AFFAIRS--5 ECONOMIC DEVELOPMENT AND TOURISM--7 EDUCATION--13 FINANCE AND PUBLIC UTILITIES--13 GOVERNMENTAL OPERATIONS--10 HEALTH AND HUMAN SERVICES--11 HIGHER EDUCATION--8 INSURANCE AND LABOR--8 INTERSTATE COOPERATION--5 JUDICIARY--8 NATURAL RESOURCES--13 PUBLIC SAFETY--5 REAPPORTIONMENT--18 RETIREMENT--6 RULES--14 SPECIAL JUDICIARY--7 TRANSPORTATION--12 URBAN AND COUNTY AFFAIRS--7 YOUTH, AGING AND HUMAN ECOLOGY--10" (5) Amend Rule 185 by striking paragraph 2 which reads as follows: "Each Senator shall be appointed to serve on four committees provided for in this Rule and no more; except membership on the Committee on Reapportionment and membership on the Committee on Interstate Cooperation (which is created by law) shall not count as one of the four committees. The Administration Floor Leader shall serve as an Ex Officio mem ber of the Rules Committee without a vote; this membership shall not count as one of his four committees." and inserting in lieu thereof the following: "Each Senator shall be appointed to serve on four committees provided for in this Rule and no more; except membership on the Committee on Reapportionment and membership on the Committee on Interstate Cooperation (which is created by law) shall not count as one of the four committees." (6) Amend Rule 185 by striking the first sentence of paragraph 6 which reads as follows: "In addition to the standing committees created by this Rule, there shall be a Commit tee on Senate Administrative Affairs composed of the President of the Senate, the President Pro Tempore, the Chairman of the Committee on Rules, the Secretary of the Senate, and three members appointed jointly by the President of the Senate, the President Pro Tempore, and the Chairman of the Committee on Rules." and inserting in lieu thereof the following: "In addition to the standing committees created by this Rule, there shall be a Commit tee on Senate Administrative Affairs composed of the President of the Senate, the President Pro Tempore, the Minority Leader, the Secretary of the Senate, the Chairman of the Com mittee on Rules, and two (2) members of the Senate appointed by the President." (7) Amend Rule 187 by striking the second and third sentences which read as follows: "A chairman may cancel a meeting by notifying the Secretary of the Senate in writing (on forms provided) no later than twenty-four (24) hours prior to the time of the scheduled meeting. A chairman may request additional meetings in writing directed to the Secretary of the Senate (on forms provided) if the request is made no later than twenty-four (24) hours prior to the time of the meeting requested; the request will be adjudicated by the Senate Administrative Affairs Committee." 20 JOURNAL OF THE SENATE and inserting in lieu thereof the following: "A chairman may request in writing directed to the Secretary of the Senate (on forms provided) additional meetings if the request is made no later than twenty-four (24) hours prior to the scheduled meeting. A chairman may cancel a meeting by notifying the Secretary of the Senate in writing (on forms provided) no later than twenty-four (24) hours prior to the scheduled meeting. However, if no agenda for the meeting has been posted or distrib uted, the meeting may be cancelled by notifying the Secretary of the Senate in writing (on forms provided) one (1) hour prior to the meeting; the request will be immediately adjudicated." Senator Kidd of the 25th offered the following amendment: Amend SR 1 by striking in their entirety lines 22 through 28 on page 4, which read as follows: "In addition to the standing committees created by this Rule, there shall be a Commit tee on Senate Administrative Affairs composed of the President of the Senate, the President Pro Tempore, the Minority Leader, the Secretary of the Senate, the Chairman of the Com mittee on Rules, and two (2) members of the Senate appointed by the President.", and inserting in lieu thereof the following: "In addition to the standing committees created by this Rule, there shall be a Commit tee on Senate Administrative Affairs composed of the President of the Senate and the Sec retary of the Senate and five members appointed by the President of the Senate." Senator Kidd of the 25th asked unanimous consent to withdraw his amendment. The consent was granted, and the amendment offered by Senator Kidd of the 25th to SR 1 was withdrawn. Senator Kidd of the 25th offered the following amendment: Amend SR 1 by adding between lines 9 and 10 on page 4 the following: "(5.1) Amend Rule 185 by striking paragraph 3, which reads as follows: 'The President shall appoint a chairman, a vice chairman and a secretary for all stand ing committees and a chairman of standing subcommittees.', and inserting in lieu thereof the following: 'The President shall appoint a chairman, a vice chairman and a secretary for all stand ing committees and a chairman of standing subcommittees; provided, however, that no Sen ator serving in his or her first term of office in the Senate shall be eligible to serve as chair man of a standing committee.' " Senator Kidd of the 25th asked unanimous consent to withdraw his amendment. The consent was granted, and the amendment offered by Senator Kidd of the 25th to SR 1 was withdrawn. Senators Deal of the 49th, Garner of the 30th and Dean of the 31st offered the following amendment: Amend SR 1 by adding on page 2, line 11, the following: ", the Majority Whip,". On the adoption of the amendment, the yeas were 51, nays 0', and the amendment was adopted. MONDAY, JANUARY 14, 1991 21 On the adoption of the resolution, Senator Deal of the 49th, President Pro Tempore, who was presiding, ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun urton ^Cloaeyman CDoalwlmkisns Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins JKoihdndson TLangf,ord, Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake SStteairnrberg rTr>at4.e Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Not voting was Senator Deal (presiding). On the adoption of the resolution, the yeas were 55, nays 0. The resolution, having received the requisite constitutional majority, was adopted as amended. The following resolution of the Senate was read and put upon its adoption: SR 2. By Senators Deal of the 49th, Garner of the 30th and Dean of the 31st: A resolution to notify the House of Representatives that the Senate has convened. On the adoption of the resolution, the yeas were 50, nays 0. The resolution, having received the requisite constitutional majority, was adopted. The following resolution of the Senate was read and put upon its adoption: SR 3. By Senators Deal of the 49th, Garner of the 30th and Dean of the 31st: A resolution relative to officials, employees, and committees in the Senate. Senator Kidd of the 25th offered the following amendment: Amend SR 3 by adding at the end of line 25 of page 1 following the period the following: "No secretary shall be required to serve as the secretary to more than one standing committee of the Senate." On the adoption of the amendment, the yeas were 5, nays 36, and the amendment was lost. 22 JOURNAL OF THE SENATE On the adoption of the resolution, Senator Deal of the 49th, President Pro Tempore, who was presiding, ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Voting in the negative were Senators Kidd and Shumake. Not voting were Senators Albert and Deal (presiding). On the adoption of the resolution, the yeas were 52, nays 2. The resolution, having received the requisite constitutional majority, was adopted. The following resolutions of the Senate were read and put upon their adoption: SR 4. By Senators Deal of the 49th, Garner of the 30th and Dean of the 31st: A resolution to notify the Governor that the General Assembly has convened. On the adoption of the resolution, the yeas were 42, nays 0, and the resolution was adopted. Senator Deal of the 49th, President Pro Tempore, who was presiding, appointed as a Committee of Notification on the part of the Senate the following: Senators Hill of the 4th, Perdue of the 18th, Walker of the 22nd, White of the 48th, Marable of the 52nd, Henson of the 55th and Thompson of the 33rd. SR 5. By Senators Deal of the 49th, Garner of the 30th and Dean of the 31st: A resolution relative to adjournment by the General Assembly at 5:00 o'clock P.M. on January 18, 1991, and to reconvene at 10:00 o'clock A.M. on Monday, January 28, 1991. On the adoption of the resolution, the yeas were 46, nays 0, and the resolution was adopted. MONDAY, JANUARY 14, 1991 23 SR 6. By Senators Broun of the 46th, Deal of the 49th, Garner of the 30th and others: A resolution calling a Joint Session of the House of Representatives and the Sen ate for the purpose of recognizing and honoring William Porter "Billy" Payne, Andrew Young, Ginger Watkins, Linda Stephenson, Doug Gatlin, Elizabeth Clement, Horace Sibley, Charlie Battle, Charlie Shaffer, Bobby Rearden, Peter Candler, Cindy Fowler, Morris Dillard, and Jim Davis for their special contribu tions in securing Atlanta's designation as the host city for the 1996 Olympic Games. Senator Broun of the 46th offered the following amendment: Amend SR 6 by adding immediately after the comma on line 7 of page 1 and immedi ately after the comma on line 12 of page 2 the following: "Jack Pinkerton,". On the adoption of the amendment, the yeas were 44, nays 0, and the amendment was adopted. On the adoption of the resolution, the yeas were 42, nays 0. The resolution, having received the requisite constitutional majority, was adopted as amended. The following communications from His Excellency, Governor Joe Frank Harris, were received and read by the Secretary: STATE OF GEORGIA Office of the Governor Atlanta 30334 May 2, 1990 Honorable Zell Miller Lieutenant Governor State Capitol Atlanta, Georgia 30334 Dear Lieutenant Governor Miller: I have vetoed Senate Bills 238, 411, 412, 448, 548, 686 and 716 which were passed by the General Assembly of Georgia at the 1990 Regular Session. Article III, Section V, Paragraph XIII of the Constitution requires that I transmit such bills to you, together with a list of reasons for such vetoes. The bills and corresponding reasons for their veto are attached. With kindest regards, I remain Sincerely, Is/ Joe Frank Harris Attachment cc: Honorable Hamilton McWhorter, Jr., Secretary of the Senate VETO NO. 27--SENATE BILL 238 BY SENATOR PEEVY This bill would amend the law relating to discretionary appeals to the appellate courts of this State to provide that child custody matters would not be subject to discretionary appeals. In 1979, the General Assembly enacted the discretionary appeal law which provided 24 JOURNAL OF THE SENATE that certain types of cases, including child abuse cases, would not have the right of a direct appeal to the Court of Appeals, but would be handled by a new discretionary appeal pro cess. This process was not implemented to lessen the rights of any party to an action, but to expedite the handling of appeals by the appellate courts in this State. Each discretionary appeal is reviewed by three judges of the Court of Appeals as in a direct appeal. The only difference between a discretionary and a direct appeal is that the court would not require oral argument or issue an opinion where it was apparent that no error of law existed. Because of the sensitive nature of matters involving child custody it is imperative that those cases be handled as quickly as possible. I do not believe that the court has in any way diminished its review of these important cases, and this legislation would only impede the pertinent process. For these reasons, I vetoed the legislation. VETO NO. 19--SENATE BILL 411 BY SENATOR POLLARD This bill amended the law relating to sparsity grants under the "Quality Basic Educa tion Act" so as to continue certain sparsity grants. After the legislation passed, technical problems were found in the bill which could have had a negative effect on the counties receiving the sparsity grants. After further review by the Department of Education and the Office of Planning and Budget, it was found that the grants could be continued as provided for in the budget act. Therefore, this bill was not necessary. For this reason, I vetoed the legislation. VETO NO. 26--SENATE BILL 412 BY SENATOR FULLER This bill provided that prohibitions against gambling would not apply to certain games or devices. The type of game enumerated in the bill related to a crane game or device which met certain specifications provided for in the legislation. The bill would allow persons play ing these types of games to receive prizes or cash for winning. A legal review of the bill showed that while the bill tried to distinguish that these types of games involved skills, this legislation still may be unconstitutional since it tries to legalize a form of gambling. I do not believe that this type of activity is in the best interest of the citizens of this State, particu larly children who are the primary participants in this type of game. For these reasons, I vetoed the legislation. VETO NO. 23--SENATE BILL 448 BY SENATOR KIDD This bill amended the law relating to the issuance of drivers' licenses so as to provide certain visual standards by which the Department of Public Safety could restrict the issu ance of drivers' licenses. The purpose of the bill was to provide standards which would allow persons to utilize bioptic telescopic lenses for driving. In reviewing this bill after passage by the General Assembly, technical problems were found in the wording of the standards which would have, in effect, reversed the intent of the legislation and prohibited the use of bioptic lenses. The Department of Public Safety is now working with the affected groups to see if our standards can be changed by rules and regulations of the Department to allow for use of bioptic lenses. For these reasons, I vetoed the legislation. VETO NO. 17--SENATE BILL 548 BY SENATOR KIDD This bill provided for an additional judge for the Superior Courts of the Ocmulgee Ju dicial Circuit. Another bill passed during this Session of the General Assembly also provided for an additional judge for the Ocmulgee Circuit and the Atlanta Judicial Circuit. Since that piece of legislation related to two judgeships, it was signed into law, making Senate Bill 548 moot. For this reason, I vetoed this legislation. MONDAY, JANUARY 14, 1991 25 VETO NO. 24--SENATE BILL 686 BY SENATOR SCOTT This was local legislation to amend the law relating to the election of the Mayor and Aldermen of the City of Savannah. After reviewing the legislation and the resulting effects, a majority of the local legislative delegation for the City of Savannah requested that this bill be vetoed. This office has always acquiesced to the wishes of the majority of the local dele gation in dealing with local legislation. For this reason, I vetoed the legislation. VETO NO. 28--SENATE BILL 716 BY SENATOR TAYLOR This bill would have increased the capacity of aboveground storage tanks for diesel fuel from 6,000 to 12,000 gallons providing that a permit would be granted for the 12,000 gallon aboveground storage tank if it were equipped with spill and overfill protection and other wise met the codes and standards adopted by the National Fire Protection Association ex cept for requiring any foam or inerting system. Legislatively mandating the application of the National Fire Protection Association's standards for a 12,000 gallon tank is improper since these standards relate to 6,000 gallon tanks. These present fire safety standards would need to be revised, particularly regarding distance from buildings, and other types of mea surements coming into play before doubling the capacity of the aboveground tank. Also, limiting the Fire Marshal's authority to require a foam or inerting system to protect and assist in the extinguishing of fires, may become a problem in some locations and times when the Fire Marshal will need this authority. It is my understanding that the Fire Marshal's office will be working to provide some rules and regulations to allow for 12,000 gallon aboveground tanks, but with standards which I believe will provide a greater degree of safety than those found in Senate Bill 716. For these reasons, I vetoed the legislation. STATE OF GEORGIA Office of the Governor Atlanta 30334 May 2, 1990 Honorable Thomas B. Murphy Speaker, House of Representatives State Capitol Atlanta, Georgia 30334 Dear Speaker Murphy: I have vetoed House Bills 1419, 1512, 1628, 1632, 1633, 1635, 1882, 1884, 1885, 1889 and 1968 which were passed by the General Assembly of Georgia at the 1990 Regular Session. Article III, Section V, Paragraph XIII of the Constitution requires that I transmit such bills to you, together with a list of reasons for such vetoes. The bills and corresponding reasons for their veto are attached. With kindest regards, I remain Sincerely, /s/ Joe Frank Harris Attachment cc: Honorable Hamilton McWhorter, Jr., Secretary of the Senate VETO NO. 15--HOUSE BILL 1419 BY REPRESENTATIVE HOLMES This bill amended Title 21 of the Official Code of Georgia Annotated so as to provide that the president of a public or private college or university, or his designee, could be a 26 JOURNAL OF THE SENATE county deputy registrar or municipal deputy registrar. The provisions of this bill passed in another bill which was signed into law, making House Bill 1419 moot. Since House Bill 1419 would have no effect, the Author of the legislation requested that it be vetoed. For this reason, I vetoed the legislation. VETO NO. 25--HOUSE BILL 1512 BY REPRESENTATIVE PETTIT This bill in its original form provided for the means to change the provisions relating to criminal possession of an explosive device. The bill was later amended on the floor of the House to add another provision which would have allowed ships possessing gambling devices to enter the territorial waters of this State so long as the devices were inaccessible to pas sengers and crew and removed or covered from the sight of such passengers and crew while in the territorial waters of this State. The stated purpose of the amendment was to allow cruise ships to enter the harbors of this State even though they possessed gambling devices. Federal law may presently allow for the purposes of this bill to be carried out. The bill could have allowed persons to operate gambling ships off the coast of this State as long as they covered their equipment after coming back to port. I do not believe it is proper to allow gambling off the coast when it is illegal in the State. For these reasons, I vetoed the legislation. VETO NO. 16--HOUSE BILL 1628 BY REPRESENTATIVE HOLMES This bill amended the election code to provide that all special elections and municipal special elections would be held on certain uniform dates. After passage of the legislation, technical problems were found in the bill which could not be resolved by the affected parties and the Author of the bill requested that it be vetoed. For this reason, I vetoed the legislation. VETO NO. 20--HOUSE BILL 1632 BY REPRESENTATIVE MURPHY This bill would have amended the retirement system for superior court judges so as to delete the provisions relating to mandatory retirement age for judges and forfeiture of bene fits in connection with such retirement age. The age limit was increased from 70 to 75 during the 1986 Session of the General As sembly. Prior to that increase in 1984, the General Assembly passed legislation similar to House Bill 1632 which would have deleted the retirement age entirely. I vetoed the bill in 1984 because I did not believe it to be in the best interests of the citizens of this State to eliminate the age limit. My feelings have not changed on this issue. While a number of people over the age of 75 function effectively in jobs beneficial to our State, age is a limiting factor that must be taken into account in highly pressurized and intensive professions, such as judgeships. For these reasons, I vetoed the legislation. VETO NO. 21--HOUSE BILL 1633 BY REPRESENTATIVE MURPHY This bill would amend the retirement benefit law relating to Justices of the Supreme Court and Judges of the Court of Appeals to delete the mandatory retirement age and for feiture of benefits in connection with the retirement age. This bill is a companion bill to House Bill 1632 which I addressed in my veto message on Veto No. 20. The same reasoning expressed in that message applies to House Bill 1633. For these reasons, I vetoed this legislation. VETO NO. 22--HOUSE BILL 1635 BY REPRESENTATIVE PARRISH This bill amends the "Trial Judges and Solicitors Retirement Fund Act" which is the retirement act for state court judges, solicitors and juvenile judges. The bill would have deleted the mandatory retirement age for members of this system. While I would not oppose raising the retirement age for these individuals from 70 to 75 years of age, as was done for MONDAY, JANUARY 14, 1991 27 superior court judges and appellate judges, I cannot agree to totally alleviate the mandatory retirement age. For the same reasons expressed in Veto No. 20, I vetoed this legislation. VETO NO. 12--HOUSE BILL 1882 BY REPRESENTATIVE HEARD This bill amended the law relating to the compensation of the Tax Commissioner of Fayette County. After the bill passed, technical problems were found in the legislation and the Author requested that this bill be vetoed. For this reason, I vetoed the legislation. VETO NO. 13--HOUSE BILL 1884 BY REPRESENTATIVE HEARD This bill amended the law relating to the compensation of the Clerk of Superior Court of Fayette County. After the legislation passed, technical problems were found in the bill and the Author requested that the bill be vetoed. For this reason, I vetoed the legislation. VETO NO. 14--HOUSE BILL 1885 BY REPRESENTATIVE HEARD This bill amended an Act relating to the compensation of the Judge of the Probate Court of Fayette County. Because of technical problems found in the bill after passage, the Author requested that it be vetoed. For this reason, I vetoed the legislation. VETO NO. 18--HOUSE BILL 1889 BY REPRESENTATIVE BOSTICK This bill amended the law relating to the Georgia Agrirama Development Authority to provide for the establishment of the Georgia Agrirama Development Authority Overview Committee. The proposed Overview Committee would be composed of both legislative mem bers and local government officials, thereby causing a conflict between its apparent duties and the duties of the Georgia Agrirama Development Authority. Additionally, there existed an apparent legal problem with the service of legislative and executive elected officials on an executive branch committee, which is entirely different from a normal overview committee. A normal overview committee set up by the General Assembly consists only of legislative members. For these reasons, I vetoed the legislation. VETO NO. 11--HOUSE BILL 1968 BY REPRESENTATIVE BARNETT This bill amended an Act incorporating the City of Snellville so as to change the corpo rate limits. Technical errors were found in the bill after passage and the Author asked that the bill be vetoed. For this reason, I vetoed the legislation. On April 17, 1990, the Governor informed the Senate, in a Memorandum received by the Secretary of the Senate, of the following Sections of House Bill 1314 that he had vetoed. Section 25 (Page 37): "Health Care Utilization Review . . . $70,000" Section 55 (Page 67, First Paragraph): "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." Section 72 (Page 75): "No State funds in this appropriation shall be paid to or on behalf of Georgia Indigent Legal Services or its affiliates, nor shall any State facilities be made available for their use, 28 JOURNAL OF THE SENATE including but not limited to the Georgia Interactive Statewide Telecommunications Net work either directly or indirectly." Section 76 (Page 78): "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." Senator Deal of the 49th, President Pro Tempore, who was presiding, introduced Dr. James Kaufmann, who is in charge of the doctor of the day program for the General Assembly during the legislative session. Dr. Kaufmann introduced his wife, Alice Kaufmann, and announced that she would be serving as the nurse in the medical aid station during the 1991 session of the General Assembly. The following message was received from the House through Mr. Rivers, the Acting Clerk thereof: Mr. President: The House has adopted by the requisite constitutional majority the following resolution of the House: HR 1. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Lee of the 72nd, Groover of the 99th and Edwards of the 112th: A resolution to notify the Senate that the House of Representatives has convened. The following message was received from the House through Mr. Rivers, the Acting Clerk thereof: Mr. President: The House has adopted by the requisite constitutional majority the following resolution of the House: HR 4. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Lee of the 72nd, Groover of the 99th and Edwards of the 112th: A resolution calling a joint session of the House of Representatives and Senate. The Speaker has appointed as a Committee of Escort on the part of the House the following members: Representatives Adams of the 79th, Carter of the 146th, Cheeks of the 89th, Cummings of the 134th, Green of the 106th, Martin of the 26th and Ray of the 98th. The following resolution of the House was read and put upon its adoption: HR 4. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th and others: A resolution calling a Joint Session of the House of Representatives and Senate for the purpose of inaugurating Honorable Zell Miller as Governor and Honora ble Pierre Howard as Lieutenant Governor at 2:00 o'clock P.M. on Monday, Jan uary 14, 1991. MONDAY, JANUARY 14, 1991 29 On the adoption of the resolution, the yeas were 40, nays 0. The resolution, having received the requisite constitutional majority, was adopted. Senator Deal of the 49th, President Pro Tempore, who was presiding, appointed as a Committee of Escort on the part of the Senate the following: Senators Dawkins of the 45th, Robinson of the 16th, Taylor of the 12th, Steinberg of the 42nd, Hasty of the 51st, Garner of the 30th and Ramsey of the 54th. The following message was received from the House through Mr. Rivers, the Acting Clerk thereof: Mr. President: The House has adopted by the requisite constitutional majority the following resolu tions of the House: HR 5. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Lee of the 72nd, Groover of the 99th and Edwards of the 112th: A resolution calling a joint session of the House of Representatives and the Sen ate for the purpose of hearing a message from the Governor. The Speaker has appointed as a Committee of Escort on the part of the House the following members: Representatives Thurmond of the 67th, Barnett of the 10th, Dobbs of the 74th, Milam of the 81st, Mobley of the 64th, Selman of the 32nd and Teper of the 46th. HR 6. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Lee of the 72nd, Groover of the 99th and Edwards of the 112th: A resolution inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at a joint session of the House of Representatives and the Senate to hear a message from the Governor. HR 8. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Lee of the 72nd, Groover of the 99th and Edwards of the 112th: A resolution calling a joint session of the House of Representatives and the Sen ate for the purpose of hearing a message from the Governor. The Speaker has appointed as a Committee of Escort on the part of the House the following members: Representatives Bates of the 141st, Jamieson of the llth, Jenkins of the 80th, Lane of the lllth, Orrock of the 30th, Porter of the 119th and Baker of the 51st. HR 9. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Lee of the 72nd, Groover of the 99th and Edwards of the 112th: A resolution calling a joint session of the House of Representatives and the Sen ate for the purpose of hearing a message from the Chief Justice of the Supreme Court. 30 JOURNAL OF THE SENATE The following message was received from the House through Mr. Rivers, the Acting Clerk thereof: Mr. President: The House has adopted by the requisite constitutional majority the following resolution of the Senate: SR 4. By Senators Deal of the 49th, Garner of the 30th and Dean of the 31st: A resolution to notify the Governor that the General Assembly has convened. The following communication from Honorable Max Cleland, Secretary of State, was received and read by the Secretary: Secretary of State Elections Division 110 State Capitol Atlanta, Georgia 30334 January 11, 1991 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 1991 Regular Session as of 2:30 p.m. on January 11, 1991. The list is numbered 1 through 649. Most sincerely, Is,/ Max Cleland Secretary of State Attachments: Received by /s/ Hamilton McWhorter, Jr. STATE OF GEORGIA Office of Secretary of State I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of persons numbered 1 through 649, who have registered in the Docket of Legislative Appearance as of January 11, 1991, 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 llth day of January, in the year of our Lord One Thousand Nine Hundred and Ninety-one and of the Independence of the United States of America the Two Hundred and Fifteenth. (SEAL) /s/ Max Cleland Secretary of State MONDAY, JANUARY 14, 1991 31 1. Melissa Metcalfe, Director 233 Mitchell Street, S.W. #340 Atlanta, Georgia 30324 (404)681-2328 COMMON CAUSE OF GEORGIA 2. E. Deforest Winslow III P.O. Box 960 38 Spring Street Newnan, Georgia 30264 (404)253-0087 Georgians for Clean Water, Inc. 3. Jim Tudor P. O. Box 739 Tucker, Georgia 30085-0739 (404)939-9583 Georgia Association of Convenience Stores 4. Martha Eaves 988 Mildtead Ave. Conyers, Georgia 30207 (404)483-7511 American Association of Retired Persons OWL 5. C. Robert Smith 6754 Broad Street Douglasville, Georgia 30134 (404)920-7231 Georgia Association of Assessing Officials 6. Alton H. Hopkins Suite 1607 3400 Peachtree Road, N.E. Atlanta, Georgia 30326 (404)237-1035 Crown Central Petroleum Corp. 7. Earl T. Leonard, Jr. Post Office Drawer 1734 Atlanta, Georgia 30301 (404)676-2622 Coca-Cola Company, The 8. Judson C. Greene 1332 Vista Leaf Drive Decatur, Georgia 30033 (404)636-9834 American Association of Retired Persons #2325 9. Linda S. Lowe 161 Spring Street 5th Floor Atlanta, Georgia 30303 (404)656-6021 Clients of Georgia Legal Services Program 10. Joe Sheehan 1640 Powers Ferry Rd. Marietta, Georgia 30067 (404)984-0505 Community Bankers Sonat 11. Grady Perry, Jr. 41 Marietta Street Suite 507 Atlanta, Georgia 30303 (404)577-7910 Georgia League & Savings Institution 12. Robert L. Steed 2500 Trust Company Tower Atlanta, Georgia 30303 (404)572-4656 Federated, Inc. 13. Rusty Kidd Post Office Box 77102 Atlanta, Georgia 30357 (404)876-0353 Charter Medical Corporation Georgia Podiatric Medical Association Georgia Society of C.P.A.'s Hemophilia Foundation of Georgia R.J. Reynolds U.S.A. 14. Lynn W. Bahnsen Post Office Box 1652 Athens, Georgia 30603 (404)353-4434 Johnson & Johnson 15. Ann W. Cramer Suite 3145 1201 W. Peachtree St. Atlanta, Georgia 30367-1200 (404)877-6660 IBM Corporation Georgia Commission on Children & Youth 16. Kathy Kuzava 3200 Highlands Pkwy. Suite 210 Smyrna, Georgia 30082 (404)438-7744 Georgia Grocers Association 32 JOURNAL OF THE SENATE 17. Graham Green 2329 Ava Place Decatur, Georgia 30033 Professional Association of Georgia Educators 18. Sam E. West Seed Lake, Rt.#l, Box 2506 Lakemont, Georgia 30552 (404)782-4815 Beneficial Management Co. of America 19. Carolyn Brown 3715 Northside Pkwy., NW 300 Northcreek, Suite 850 Atlanta, Georgia 30327 (404)261-8853 Community Bankers Association of Georgia 20. Julian Hester 300 Northcreek, Suite 850 3715 Northside Pkwy., NW Atlanta, Georgia 30327 (404)261-8853 Community Bankers Association of Georgia 21. Donna E. Lane P.O. Box 1331 Lawrenceville, Georgia 30246 (404)995-7620 Gwinnett County Children's Shelter Georgia Residential Child Care Association 22. Clark Gregory, Ph.D. 660 Elkmont Drive, NE Atlanta, Georgia 30306 (404)876-2943 National Recycling Coalition The Compost Man Fulton Soil & Water Conservation District 23. Mary Noreen Skillman 2049 McLendon Avenue, N.E. Atlanta, Georgia 30307 (404)377-0026 National Organization of Women 24. Gary E. Jackson 1801 Peachtree Street, N.E. Suite 330 Atlanta, Georgia 30309 (404)355-1741 Magistrate Court Fulton County Fulton County Development Authority 25. Luke Livingston 3307 Leeds Way Duluth, Georgia 30136 (404)476-3204 Sandoz Pharmaceutical Corporation 26. Robert A. Cucchi 245 Peachtree Center Ave. Suite 2204 Atlanta, Georgia 30303 (404)659-0303 Ford Motor Company 27. Henry C. Johnson, Sr. 7383 Grover Drive Macon, Georgia 31206 (912)788-0784 International Association of Machinist & Aerospace Workers 28. John P. Tucker, Jr. 1800 Peachtree Rd., N.W. #520 Atlanta, Georgia 30309 (404)351-0003 Georgia Rail Line Preservation League Georgia Pro-Life Coalition Fannin County Board of Commissioners 29. Robert M. Jeter 1825 South Oaks Byromville, Georgia 31007 (912)433-2000 Motorola Corporation 30. Sara S. Clark 230 Dapplegate Way Alpharetta, Georgia 30201 (404)368-8114 Georgia League of Women Voters 31. Robert P. Williams, II 1400 Candler Bldg. 127 Peachtree Street Atlanta, Georgia 30303 (404)658-8267 Troutman, Sanders, Lockerman & Ashmore 32. Jim Martin 3340 Peachtree Road, N.E. Suite 2750 Atlanta, Georgia 30326 (404)231-8676 Georgia Society of CPA's, Inc. MONDAY, JANUARY 14, 1991 33 33. Ralph S. Turner 2773 N. Decatur Road Decatur, Georgia 30033 (404)292-1551 DeKalb Grand Jurors Association 34. Jerry 0. Sorrels GEICO Center Macon, Georgia 31295 (800)841-9160 Government Employees Insurance Company 35. Richard J. Burrell 981 Guys Court Lilburn, Georgia 30247 (404)972-3491 Household International 36. Dr. Mildred L. Walton 1176 Oakcrest Drive Atlanta, Georgia 30311 (404)696-0001 Georgia Association of Elementary School Principals 37. Fred B. Kitchens, Jr. Suite 414 Six Piedmont Center 3525 Piedmont Atlanta, Georgia 30305 (404)261-4518 Wine & Spirits Wholesalers of Georgia 38. Bob Margolin 4544 Leonora Drive Tucker, Georgia 30084 (404)938-0725 Syntex Laboratories Inc. 39. Rita D. Carlson 1107 Windridge Drive Atlanta, Georgia 30350 (404)642-8036 Georgia League of Women Voters 40. Sharon Aikens Mack 59 E. Derenne Avenue Savannah, Georgia 31405 (912)651-8888 Mr. Money Check Casher 41. Ron Byrd Route 9, Box 239A #1 Cannonball Lane Ringgold, Georgia 30736 (404)861-4261 Rorer Pharmaceutical Corp. 42. Jane Thomas 2989 Evans Woods Drive Atlanta, Georgia 30340 (404)939-2484 Professional Association of Georgia Educators 43. James H. Purcell 501 Cain Tower, Peachtree Cen. 229 Peachtree St. Atlanta, Georgia 30303-1601 (404)588-0517 Alliance of American Insurers 44. Ann W. Rose 1104 Wedgewood Way Dunwoody, Georgia 30350 (404)873-6345 Hill, Rose & Associates, Inc. 45. Neill Herring 257 S. Elm St. Jesup, Georgia 31545 (912)427-0667 Campaign for a Prosperous Georgia Georgia Association of Railroad Passengers Georgia Chapter Sierra Club Amalgamated Transit Union Local 732 46. Hellen I. Guttinger 954 N. Main Street Conyers, Georgia 30207 (404)483-4713 Rockdale County Public Schools 47. John T. Rumph, Jr. 5540 Roswell Road, N.W. G 109 Atlanta, Georgia 30342 (404)255-4319 Informed Health Care Association of Georgia, Inc. Cancer Victors, Inc. 48. Archie C. Burnham, Jr. 5829 Little Mountain Drive Ellenwood, Georgia 30049 (404)987-0490 Georgia Safety Council, The 49. Becky Fern 2428 Norwich Lane Tucker, Georgia 30084 (404)491-6284 Life Pac Georgia Right to Life Georgians for Common Sense About Abortion 34 JOURNAL OF THE SENATE 50. Deborah K. Simonds 3951 Snapfinger Parkway Decatur, Georgia 30035 (404)289-5867 Georgia Association of Educators (GAE) 51. Karen S. Gillespie Post Office Box 16503 Atlanta, Georgia 30321 (404)968-2656 Bristol-Myers Squibb Company 52. Thomas A. Player 285 Peachtree Center Ave. Suite 2600 Atlanta, Georgia 30303-1270 (404)681-6739 Aetna Insurance Company 53. Robert H. Forry 1400 Candler Building Atlanta, Georgia 30043-1810 (404)658-8042 Troutman, Sanders, Lockerman & Ashmore 54. John S. Yates Post Office Box 909 Dahlonega, Georgia 30533 (404)864-5200 Georgia Association of Educational Leaders 55. Charles Musselwhite P.O. Box 909 Dahlonega, Georgia 30533 (404)864-5200 Georgia Association of Educational Leaders 56. Gary Ashley 1240 Atkinson Road Lawrenceville, Georgia 30243 (404)962-2985 Georgia School Boards Association (GSBA) 57. Skip Yow 1240 Atkinson Road Lawrenceville, Georgia 30243 (404)962-2985 Georgia School Boards Association (GSBA) 58. Bonnie Harris 1240 Atkinson Road Lawrenceville, Georgia 30243 (404)962-2985 Georgia School Boards Association 59. James W. McAllister 303 Waverly Way LaGrange, Georgia 30240 (404)884-7861 City School Systems of Georgia Professional Association of Georgia Educators 60. Cathleen J. Vaughn 7505-C Hamilton Road Columbus, Georgia 31909 (404)327-0668 Georgia PTA National Association of Women in Construction 61. Neal B. Caldwell 900 North Hairston Road Suite D Stone Mountain, Georgia 30083 (404)296-0305 Georgia Association of Petroleum Retailers, Inc. 62. Richard L. Marshall, Si. 900 North Hairston Road Suite D Stone Mountain, Georgia 30083 (404)296-0305 Georgia Association of Petroleum Retailers, Inc. 63. Jack W. Houston 900 North Hairston Road Suite D Stone Mountain, Georgia 30083 (404)296-0305 Georgia Associatin of Petroleum Retailers, Inc. 64. J. Barry Schrenk 3566 Lawrenceville Highway Tucker, Georgia 30084 (404)934-2144 Taggart's Substance Abuse & Driver Improvement Clinic Taggart's/Sears Driving School Sears Driving School Association of Georgia Driver Improvement Clinics 65. Martin C. Petersen Post Office Box 878 St. Marys, Georgia 31558 (912)882-4241 Gilman Paper Company MONDAY, JANUARY 14, 1991 35 66. James N. Parkman 233 Peachtree Street Suite #200 Atlanta, Georgia 30303 (404)223-2264 Business Council of Georgia 67. VOID 68. Bill McBrayer 100 Edgewood Avenue, N.E. Suite 1804 Atlanta, Georgia 30303 (404)577-3435 Georgia Retail Association Georgia Opticians Association 69. Gil Muratori 12203 S.W. 107 Court Miami, Florida 33176 (305)253-5828 Hoechst-Celanese Corp. Hoechst Roussel Pharmaceuticals Inc. 70. Gary Martin 1597 Phoenix Boulevard #12 Atlanta, Georgia 30349 (404)991-3750 Police Benevolent Association of Georgia, Inc. 71. Norman Wolfe 225 Peachtree Street, #2300 Atlanta, Georgia 30303 (404)688-5900 Coalition for a Green Georgia Cohn & Wolfe 72. Betsey S. Weltner Cohn & Wolfe 225 Peachtree Street Atlanta, Georgia 30303 (404)880-5270 Coalition for a Green Georgia Cohn & Wolfe 73. Frances D. Todd 114 Baker Street Atlanta, Georgia 30301 (404)659-0214 Georgia PTA 74. Gould B. Hagler, Jr. P.O. Box 48386 Atlanta, Georgia 30362 (404)458-0093 Independent Insurance Agents of Georgia 75. Thomas Perry Stewart 1308 Highland Avenue Dublin, Georgia 31021 (912)272-5289 Professional Association of Georgia Educators 76. Peggy Stewart 1308 Highland Avenue Dublin, Georgia 31021 (912)272-5289 Professional Association of Georgia Educators 77. Barbara T. Johnson Rockdale County Courthouse 922 Court Street Conyers, Georgia 30207 (404)929-4006 Georgians for Victim Justice 78. Sharon A. Hunt 4500 Hugh Howell Rd. #140 Tucker, Georgia 30084 (404)270-1248 Georgia Society of Association Executives 79. F. Abit Massey Post Office Box 763 Gainesville, Georgia 30503 (404)532-0473 Georgia Poultry Federation 80. William J. Shortt P. O. Box 2537 Gainesville, Georgia 30503 (404)532-3591 Johnson & Johnson 81. Connell Stafford P.O. Drawer 1734 Atlanta, Georgia 30301 (404)676-2652 Coca-Cola Company, The 82. Harry L. Werner Locust Grove Elem. School 1727 Griffin Road Locust Grove, Georgia 30248 (404)957-5416 Professional Association of Georgia Educators 83. Ellen A. Rhoades 2045 Peachtree Rd., NE Ste. 810 Atlanta, Georgia 30309 (404)352-4145 Auditory Education Center 36 JOURNAL OF THE SENATE 84. D. C. "Landy" Thompson 206 7th Street Macon, Georgia 31201 (912)746-7694 Dixie Beer Co. Inc. United Distributors Inc. 85. James L. Mynes 2218 6th Ave. S.E. P. O. Box 1513 (Mail) Decatur, Alabama 35601 (205)353-3137 ITT Consumer Financial Corporation 86. Judith Baird Marquis Two, Suite 2600 285 Peachtree Center Avenue Atlanta, Georgia 30303-1270 (404)681-6751 Aetna Casualty & Surety Company, The 87. Trey Paris, P.O. Drawer 1734 Atlanta, Georgia 30301 (404)676-4952 Coca-Cola Company, The 88. Don Ackerman 315 Main Street Macon, Georgia 31201 (912)742-0221 Towing Recovery Association of Georgia 89. Pamela J. Martorano President 6135 Barfleld Rd. Ste. 118 Neuromus Atlanta, Georgia 30328 (404)252-0010 Neuromuscular & Massage Therapy Center, Inc. American Massage Therapy Assn. (A.M.T.A.) Georgia Chapter 90. Kip Loggins Suite 900, One Premier Plaza 5605 Glenridge Drive Atlanta, Georgia 30342 (404)256-0700 West Publishing Company Allstate Insurance Company 91. James R. Newman 346-125 Perimeter Center West Atlanta, Georgia 30346 (404)391-4545 Southern Bell 92. Nathan G. Knight 7 East Broad Street Newnan, Georgia 30264 (404)253-0913 Professional Association of Educators 93. John H. Thomas Building 2400 3000 Langford Road Norcross, Georgia 30071 (404)447-4611 Georgia Burglar and Fire Alarm Association, Inc. Alamo Rental Car, Inc. 94. Mike Vaquer, Jr. Post Office Box 828 Rincon, Georgia 31326 (912)826-5216 Fort Howard Corporation 95. Mark D. Caudill P.O. Box 2563 Birmingham, Alabama 35202 (205)325-7568 Sonat, Inc. 96. Dr. Malcolm Cummings Suite 218 337 South Milledge Avenue Athens, Georgia 30605 (404)549-2190 Georgia Association of Christian Schools 97. James R. Davis 439 Cotton Avenue Macon, Georgia 31201 (912)742-2660 Georgia Association of Assessing Officials 98. Thomas H. Brewer 254 Pryor Street Atlanta, Georgia 30303 (404)659-2900 Georgia Association Professional Bail Agents 99. Joe D. Douglas, Jr. 13175 Hopewell Road Alpharetta, Georgia 30201 (404)475-5004 Hopewell/North Alpharetta Civic Association Sanity, Inc. MONDAY, JANUARY 14, 1991 37 100. Ronald F. Updyke 5730 Glenridge Drive Suite 205 Atlanta, Georgia 30328 (404)257-3965 General Motors Corporation 101. Cliff C. "Bucky" Kimsey, III 55 Marietta Street Atlanta, Georgia 30303 (404)529-4784 Bank South, N.A. 102. John P. Silk 1900 Century Blvd. Suite 8 Atlanta, Georgia 30345 (404)321-5368 Georgia Telephone Association 103. Wilton Hill Post Office Box 158 Reidsville, Georgia 30453 (912)557-4201 Georgia School Bus Drivers Association, Inc. 104. J. Emmett Henderson 2930 Flowers Road South Ste. 102 Atlanta, Georgia 30341 (404)451-9361 Georgia Council on Moral and Civic Concerns, Inc. 105. Charlotte Gattis 1000 Circle 75 Parkway Suite 060 Atlanta, Georgia 30339 (404)955-4522 Georgia Manufactured Housing Association 106. Michael M. Kumpf 9040 Roswell Road Suite 500 Atlanta, Georgia 30350 (404)641-2439 BP America, Inc. 107. Harold E. Bryant Post Office Box 7368 Columbus, Georgia 31908 (404)649-3153 Blue Cross and Blue Shield of Georgia Inc. 108. Dr. William M. Cargile 2809 N. Ashley Street Valdosta, Georgia 31602 (912)247-1136 Informed Health Care of Georgia, Inc. 109. Linda M. Wiltse 100 Edgewood Avenue Suite 806 Atlanta, Georgia 30303 (404)527-7575 Young Women's Christian Association of Greater Atlanta, Inc. 110. Elizabeth M. Flowers YMCA 957 N. Highland Avenue Atlanta, Georgia 30306 (404)892-3476 Young Women's Christian Association of Greater Atlanta, Inc. 111. Betty Schulte 2644 Lake Road Tucker, Georgia 30084 (404)939-7311 Georgia Right to Life Common Sense Citizen's Concern 112. Thomas J. Harrold, Jr. 1409 Peachtree Street, N.E. Atlanta, Georgia 30309 (404)885-6704 Motion Picture Association of America, Inc. 113. Marion L. Ray 2540 Lakewood Avenue, S.W. Atlanta, Georgia 30315 (404)622-0521 Teamsters Local 728 114. Sam M. Poole One American Place Suite 1820 Baton Rouge, Louisiana 70825 (504)344-3201 Dupont Co. Conoco Inc. Kayo Oil Co. 115. G.L. (Roy) Bowen, III 50 Hurt Plaza Suite 985 Atlanta, Georgia 30303 (404)688-0555 Geortgia Textile Manufacturing Association, Inc. 38 JOURNAL OF THE SENATE 116. Thomas E. Salyers 50 Hurt Plaza Suite 985 Atlanta, Georgia 30303 (404)688-0555 Georgia Textile Manufacturers Association, Inc. 117. Joseph R. Parrott, Jr. 750 Hammond Dr. Bldg. #9 Atlanta, Georgia 30328 (404)256-7811 ITT Rayonier 118. Mo Thrash 56 Perimeter Center East Fifth Floor Atlanta, Georgia 30346 (404)252-0700 Atlanta City Council Mortgage Bankers Association of Georgia Georgia Community Action Association 119. Ted Brodek 555 Hardendorf Avenue NE Atlanta, Georgia 30307 (404)373-3864 International Alliance of Theatrical and Stage Employees Lake Claire Neighborhood Association 120. L. Clifford Adams, Jr. 999 Peachtree Street N.E. Suite 1400 Atlanta, Georgia 30309-3999 (404)870-6480 Municipal Electric Authority of Georgia Municipal Gas Authority of Georgia 121. Gerald W. Bowling 1400 Peachtree Place Tower 999 Peachtree Street Atlanta, Georgia 30309-3999 (404)870-6482 Municipal Gas Authority of Georgia, The Municipal Electric Authority of Georgia 122. Robert J. Middleton, Jr. 1400 Peachtree Place Tower 999 Peachtree Atlanta, Georgia 30309-3999 (404)870-6478 Municipal Gas Authority of Georgia, The Municipal Electric Authority of Georgia 123. Thomas E. Farmer 999 Peachtree St., NE Suite 1400 Atlanta, Georgia 30309-3999 (404)870-6108 Municipal Electric Authority of Georgia Municipal Gas Authority of Georgia 124. Cindy L. Arceneaux 887 B Martin Heights Drive Lawrenceville, Georgia 30244 (404)279-7971 Association for Retarded Citizens/ Georgia Citizens Lobby for Kids Families Forum North Metro Family & Preschool Program PTA 125. John C. Miller 6904 Cypresspark Drive Tampa, Florida 33634-4462 (813)888-5541 National Advertising Co. 126. Lucius Q. Mitchell 2191 Martin Luther King, Jr. Dr., N.W. Atlanta, Georgia 30310 (404)368-7503 The Westside Business & Community Association 127. Horace White P. 0. Box 831582 Stone Mountain, Georgia 30083-0027 (404)981-1794 Georgia Minority Contractors Assoc. 128. Alfred Byrd P.O. Box 831582 Stone Mountain, Georgia 30083-0027 (404)981-1794 Georgia Minority Contractors Association MONDAY, JANUARY 14, 1991 39 129. Henry Turner 100 Crescent Centre Parkway Suite 1260 Atlanta, Georgia 30084 (404)493-8029 Philip Morris USA 130. Fred Greer, Jr. P. 0. Box 4899 35 Broad Street Atlanta, Georgia 30302-4899 (404)581-4837 C & S/Sovran National Bank 131. Robert R. Potter 1355 Peachtree Street Atlanta, Georgia 30309-3237 (404)888-6105 State Farm Insurance Companies 132. Roy Hanson 100 Edgewood Ave. Rm 128 Atlanta, Georgia 30303 (404)527-7650 Metropolitan Atlanta Crime Commission 133. Brenda L. Norton The Omni Hotel-CNN Center Atlanta, Georgia 30335 (404)659-0000 Georgia Coalition for Preventive Health Services for Women 134. Judy C. Bradley 50 Executive Park South Suite 5005 Atlanta, Georgia 30329 (404)636-7539 Georgia Vocational Association, Inc. 135. Linda G. Edmonds Post Office 301 Avondale Estates, Georgia 30002 (404)296-3130 Georgia Optometric Association 136. Charlotte Wilen 1252 West Peachtree Street, N.W. Suite 311 Atlanta, Georgia 30309 (404)873-1993 Continuum Alliance for Healthy Mothers and Children, Inc. 137. Bethanne Jenks, MD MPH 5475 Memorial Drive Stone Mountain, Georgia 30083 (404)296-0681 Georgia Chapter American Academy of Pediatrics 138. Gregory B. Paxton 1516 Peachtree Street, NW Atlanta, Georgia 30309 (404)881-9980 Georgia Trust for Historic Preservation Georgians for Preservation Action 139. Catherine A. Horsey 1516 Peachtree Street, N.W. Atlanta, Georgia 30309 (404)881-9980 Georgia Trust for Historic Preservation Georgians for Preservation Action 140. George Hugh Ross 4678 Jefferson Township Lane Marietta, Georgia 30066 (404)992-6245 Marion Merrell Dow Inc. 141. Cynthia L. Haney 938 Peachtree St., N.E. Atlanta, Georgia 30309 (404)876-7535 Medical Association of Georgia 142. Paul L. Shanor 938 Peachtree Street Atlanta, Georgia 30309 (404)876-7535 Medical Association of Georgia 143. Joe T. Wood 938 Peachtree Street, N.E. Atlanta, Georgia 30309 (404)876-7535 Medical Association of Georgia Georgia State Association of Life Underwriters, Inc., The 144. Richard L. Greene 938 Peachtree Street, N.E. Suite 207 Atlanta, Georgia 30309 (404)876-7535 Medical Association of Georgia 145. Priscilla E. Daves 938 Peachtree Street, N.E. Atlanta, Georgia 30309 (404)876-7535 Medical Association of Georgia 40 JOURNAL OF THE SENATE 146. George P. Dillard Suite 1700 999 Peachtree St., NE Atlanta, Georgia 30309 (404)870-1900 Peterson, Dillar, Young, Self & Asselin 147. Vern Karnstedt 901 Sawyer Road Marietta, Georgia 30062 (404)578-9000 Reid-Rowell, Inc. 148. Michael H. Richardson 615 Peachtree St. NE Suite 510 Atlanta, Georgia 30308 (404)874-7715 R.G. Associates 149. Billy E. Grice 615 Peachtree St., N.E. Suite 510 Atlanta, Georgia 30308 (404)874-7715 R.G. Associates 150. Elaine C. Nachman Emory University P.O. Drawer KK Atlanta, Georgia 30322 (404)727-2976 The Robert W. Woodruff Health Sciences Center of Emory Univ. 151. Laurie B. Dopkins 470 Chelsea Circle Atlanta, Georgia 30307 (404)378-2279 Georgia School-Age Childcare Council Georgia Childcare Advocacy Coalition 152. J. Mark Walker 2402 Chestnut Springs Trail Marietta, Georgia 30062 (404)578-1345 Georgia Family Coalition Christian Coalition 153. Mrs. Johnnie Forgay 4220 Klondike Road Lithonia, Georgia 30038 (404)982-1923 Georgia Nurses Association 154. W. Fred Blackmon 1100 Abernathy Road, N.E. Building 500, Suite 710 Atlanta, Georgia 30328 (404)551-5367 Eli Lilly & Company 155. Patricia Ann Chambers 2348 Pine Circle Gainesville, Georgia 30504 (404)534-2010 P.A.C. Enterprises 156. Everett "Larry" Mclntyre 1471 Gresham Road Marietta, Georgia 30062 (404)977-5599 Cumberland Wrecker Service Inc. Towing Recovery Association of Georgia 157. Gregory G. Kergosien P.O. Box 210637 Columbia, S.C. 29221 (803)798-2580 Upjohn Company, The 158. Dr. Joel L. Desaulniens 981 Concord Road Smyrna, Georgia 30080 (404)432-9290 Chiropractic Political Action Committee Georgia Chiropractic Association 159. Charles W. McGrady 2646 Hawthorne Place Atlanta, Georgia 30345 (404)391-8423 Sierra Club, Georgia Chapter 160. Linda G. Williams 2372 Main Street Tucker, Georgia 30084-4456 (404)934-8890 Georgia School Food Service Association, Inc. 161. William G. Appel 2175 Northlake Parkway Suite 128 Tucker, Georgia 30084 (404)934-3919 Georgia Independent Automobile Dealers Assn. 162. Ronal Scheiblauer 4715 Frederick Drive, S.W. Atlanta, Georgia 30336 (404)696-9333 Southern Bicycle League MONDAY, JANUARY 14, 1991 41 163. Barbara Howard Christmas St. Marys Elementary St. Marys, Georgia 31558 (912)882-4425 Georgia Association of Elementary School Principals 164. Kathleen M. Strickland 3711 Northpoint Drive Marietta, Georgia 30062 (404)977-1796 Mothers Against Drunk Driving of Georgia 165. Gary P. Fowler 147 Harris Street, N.W. Atlanta, Georgia 30313 (404)522-5941 Associated General Contractors of America, Inc. 166. Stanley H. McCalla 56 Perimeter Center East Fifth Floor Atlanta, Georgia 30346 (404)804-0400 Mortgage Bankers Association of Georgia 167. Larry S. McReynolds Suite 520 South Tower One CNN Center Atlanta, Georgia 30303-2705 (404)525-7620 BMMA-Building Material Merchant Association CEG/GA-Consulting Engineers Council of Georgia GUCA-Georgia Utility Contractors Association NECA-National Electrical Contractors Association 168. Suzanne P. Williams 1005 Virginia Ave. Ste. 207 Atlanta, Georgia 30354 (404)763-2453 Home Builders of Georgia 169. Mark S. Baldwin 1005 Virginia Avenue #207 Atlanta, Georgia 30354 (404)763-2453 Home Builders Association of Georgia 170. Bryan L. Fiveash Post Office Box 4569 Atlanta, Georgia 30302 (404)584-3806 Atlanta Gas Light Company 171. Peter L. Banks P. O. Box 4569 Atlanta, Georgia 30302 (404)584-3806 Atlanta Gas Light Company 172. Elizabeth Stewart 222 W. Oglethorpe Ave. Savannah, Georgia 31499 (912)944-0444 Savannah Area Chamber of Commerce 173. Dr. Allene H. Magill 522 Hardee Street Dallas, Georgia 30132 (404)443-8000 Paulding County Board of Education 174. Conrad J. Sechler P.O. Box 87 Tucker, Georgia 30085-0087 (404)938-7911 Tucker Federal Savings & Loan Association Georgia Financial Services Association Eagle Bancshares, Inc. Central Underwriters, Inc. 175. Amos A. Plante Post Office Box 60626 New Orleans, Louisiana 70123 (504)561-3712 Exxon Corporation 176. Rogert T. Lane 3581 Habersham at North Lake Tucker, Georgia 30084 (404)938-0775 Georgia Oilmen's Association 177. Percy Marchman 2799 Lawrenceville Highway Suite 200 Decatur, Georgia 30033 (404)621-9837 Georgia Association Property & Casualty Insurance Companies 178. Carol E.H. Benton 1859 Hardman Lane Woodstock, Georgia 30188 (404)924-4732 Mountain Road Elementary PTA 42 JOURNAL OF THE SENATE 179. Leslie Thomas Cushman 738 Osco Parkway Woodstock, Georgia 30188 (404)664-9708 Mountain Road Elementary PTA 180. Michele A. Shelton 5901-B Peachtree Dunwoody Suite 475 Atlanta, Georgia 30328-5341 (404)698-0968 American Federation of Teachers Georgia Federation of Teachers AFL-CIO 181. Michael Paul O'Neill P.O. Box 10 Ringgold, Georgia 30736 (404)935-2241 Society for Human Resources Management Carpet and Rug Institute (CRI) Salem Carpet Mills, Inc. Catoosa County Chamber of Commerce 182. Richard E. Raymer 56 Perimeter Center East Fifth Floor Atlanta, Georgia 30346 (404)804-0400 Mortgage Bankers Association of Georgia 183. Norma P. Fraser 2 Vernon Road N.W. Atlanta, Georgia 30305 (404)237-0059 Physical Therapy Association of Georgia 186. Dick Dorsey 950 East Paces Ferry Rd. Suite 2240 Atlanta, Georgia 30326 (404)261-8834 American Insurance Association 187. John T. Mitchell 1400 Coleman Avenue Mercer University Macon, Georgia 31207 (912)752-2776 Mercer University 188. Lee R. Sims P.O.Box 130 Ringgold, Georgia 30736 (404)935-2297 Catoosa County Schools 189. Kyle Smith P.O. Box 130 Ringgold, Georgia 30736 (404)935-2297 Catoosa County Schools 19- Edward R. Vickrey 207 N. Cleveland Street Ringgold, Georgia 30736 (404)935-2297 Catoosa County Schools 191. Pat Chapman 2056 Garden Circle Decatur, Georgia 30032 (404)378-9786 Older Womans League League of Women Voters American Home Health Care, Inc. 184. Colin S. Braybrooks 230 Houston Street, NE Atlanta, Georgia 30303 (404)659-3300 Georgia Association of Life Insurance Cos. United Family Life Insurance Co. 192. Pat Swan 583 Villa Drive Lilburn, Georgia 30247 (404)873-1993 Georgia Nurses Association Continuum Georgia Federation Woman's Club 185. Raymond G. Farmer 950 East Paces Ferry Road Suite 2240 Atlanta, Georgia 30326 (404)261-8834 American Insurance Association 193. Amelia Tucker-Shaw 673 Beckwith Street Turner Bldg. Atlanta, Georgia 30314 (404)880-0679 The Black Family Project, Inc. MONDAY, JANUARY 14, 1991 43 194. Betsy Brown 2228 Major Loring Way Marietta, Georgia 30064 (404)590-7327 Pharmaceutical Manufacturers Association Schering Corporation 195. William G. Sanders 500 Sugar Mill Road #240A Atlanta, Georgia 30350 (404)993-2200 Georgia Association of Broadcasters, Inc. 196. Donald N. Upton 211 E. Thompson Street Thomaston, Georgia 30286 (404)647-2345 Contel of the South, Inc. (GA) 197. William Greenhaw 3593 Overlook Avenue Macon, Georgia 31204 (912)474-2212 Professional Association of Georgia Educators 198. Jacqueline Azar 489 Cameron St. SE Atlanta, Georgia 30312 (404)627-6475 Education Pro-Life 199. Bryce W. Holcomb 848 Broad Street, S.W. Suite 105 Gainesville, Georgia 30501 (404)534-2935 Georgia Soft Drink Association 200. Eli P. Karatassos 7 E. Congress Street Suite 1000 Savannah, Georgia 31401 (912)355-8052 Karatassos and Associates Savannah Area Chamber of Commerce 201. Carol Waldrop 6077 Wilkerson Road Rex, Georgia 30273 (404)474-8921 Governor's Council on Developmental Disabilities Autism Society of America, Georgia Chapter Assn. For Retarded Children, Clayton County 202. Ronald W. Hogan 2600 Delk Road Marietta, Georgia 30067 (404)859-0800 Waste Management, Inc. Waste Management of North America, Inc. Chemical Waste Management, Inc. 203. Don Cargill P.O. Box 3407 Atlanta, Georgia 30302-9998 (404)808-0555 West Publishing Company Exxon Oil Company Mobil Oil Company Chemical Waste Management Philip Morris U.S.A. Shell Oil Company Waste Management, Inc. Pharmaceutical Manufacturers Association 204. Alien Gossett East Rome High School 1401 Turner McCall Blvd. Rome, Georgia 30161 (404)295-7400 Professional Association of Georgia Educators Georgia Athletic Coaches Association Georgia Industrial Technology Educators Association Professional Association of Georgia Educators 205. Michael E. Kramer 3951 Snapflnger Pkwy. Georgia Assn. of Educators Decatur, Georgia 30035 (404)289-5867 Georgia Association of Educators 44 JOURNAL OF THE SENATE 206. Michael H. Gardner 3504 Jeffersonville Road Macon, Georgia 31201 (912)746-2621 Backery, Confectionery & Tabacco Local 362 T Macon Federation of Trades & Labor AFL-CIO 207. Carol A. Bradley 6997 Keene Street Kennesaw, Georgia 30144 (404)988-9853 Professional Association of Georgia Educators 208. Terri L. Branning 1360 Peachtree St. Ste 1300 Atlanta, Georgia 30309 (404)898-4701 Cigna Healthplan of Georgia, Inc. 209. J. Robert Benton 7179 Jonesboro Rd. Suite 200 Morrow, Georgia 30260 (404)968-0485 Wine Institute 210. James A. "Bud" Cody 2060 East Exchange Place Suite 110 Tucker, Georgia 30084 (404)938-4555 Georgia Sheriffs' Association 211. Irene Munn 2060 East Exchange Place Suite 110 Tucker, Georgia 30084 (404)938-4555 Georgia Sheriffs Association 212. Thomas M. Boiler Post Office Box 8627 Atlanta, Georgia 30306 (404)872-0335 Georgia Staffing & Home Care Association City of Columbus General Electric Co. Boiler, Hibbs & Segars, Inc. Georgia Appraisers Coalition Magistrate Judges Association State Bar of Georgia BP America Federated Investors 213. Bruce Kay 857 Collier Road Howell Mill Village II Atlanta, Georgia 30312 (404)351-3211 Georgia NORML 214. William Lee Roberts 1627 Peachtree Street, N.E. Suite 333 Atlanta, Georgia 30309 (404)881-6813 William Lee Roberts and Associates 215. Ogden Doremus P.O. Box 296 Metier, Georgia 30439 (404)685-5763 Campaign for a Prosperous Georgia Environmental Coalition Governor's Commission on Obstetrics Insurance Law Section--State Bar 216. Harold Bevis Delta Air Lines, Inc. Hartsfield Atl. Int'l. Airport Atlanta, Georgia 30320 (404)765-4842 Air Transport Association of America 217. Ted L. Hammock Post Office Box 1648 206 Seventh Street Augusta, Georgia 30903 (404)821-6594 National Science Center Foundation, Inc. 218. LarryL. Braden 20 Lenox Pointe Atlanta, Georgia 30347 (404)231-5074 Georgia Pharmaceutical Association, Inc. 219. Wayne W. Oliver Post Office Box 95527 20 Lenox Pointe Atlanta, Georgia 30347 (404)231-5074 Georgia Pharmaceutical Association, Inc. 220. Patricia M. Smith 1851 Ram Runway College Park, Georgia 30337 (404)761-3150 Association for Retarded Citizens of Georgia, Inc. MONDAY, JANUARY 14, 1991 45 221. Nancy Hayes Kitchens 3700 B Market St. Clarkston, Georgia 30021 (404)292-7243 Professional Association of Educators 222. Franklin Shumake 3700 B Market Street Clarkston, Georgia 30021 (404)292-7243 Professional Association of Georgia Educators 223. Martha H. Pennington 3700 B Market Street Clarkston, Georgia 30021 (404)292-7243 Professional Association of Georgia Educators 224. Georgianne B. Bearden 3700 B Market Street Clarkston, Georgia 30021 (404)292-7243 Professional Association of Georgia Educators 225. Jack K. Acree 3700 B Market Street Clarkston, Georgia 30021 (404)292-7243 Professional Association of Georgia Educators 226. Vickie Moody Beasley 2719 Buford Hwy. #207 Atlanta, Georgia 30324 (404)728-0223 Georgia Association of Homes and Services for the Aging 227. Robert R. King 600 West Peachtree Street, N.W. Suite 1500 Atlanta, Georgia 30308 (404)873-4482 Georgia Hospitality & Travel Association 228. Ed Holcombe P.O. Box 4545 (333/23) Atlanta, Georgia 30302 (404)526-6929 Georgia Power Company 229. Dexter Rowland P.O. Box 4545 Atlanta, Georgia 30302 (404)526-2554 Georgia Power Company 230. Earl Rogers P.O. Box 4545 (333-23) Atlanta, Georgia 30302 (404)526-6946 Georgia Power Company 231. Dixie H. Dukes 2010 Steele Road Griffin, Georgia 30223 (404)228-7724 Clayton County Page 231. Pat Gardner 1170 Fourteenth Place Atlanta, Georgia 30309 (404)874-5219 Georgia Psychological Association 233. Joyce Carter Stevens 8607 Roberts Drive Suite 100 Atlanta, Georgia 30350 (404)640-2300 Browning-Ferris Industries, Inc. 234. Francis D. Mangieri 5905 Polo Drive Gumming, Georgia 30130 (404)889-1555 Ciba-Geigy Corporation 235. John P. Stevens Post Office Box 4148 Atlanta, Georgia 30302 (404)332-6428 First Wachovia Corporation First National Bank of Atlanta First Atlanta Corporation 236. Charles M. Searcy 41 Marietta Street Suite 714 Atlanta, Georgia 30303 (404)522-8487 Georgia Trial Lawyers Association 237. Robert C. Boone Post Office Box 1706 Atlanta, Georgia 30301 (404)984-3010 Chevron U.S.A. Inc. 238. VOID 239. Carol Kay Goodroe 42 Spring Street Suite 244 Atlanta, Georgia 30303 (404)588-3660 Building Material Merchants' Association Construction Credit Coalition 46 JOURNAL OF THE SENATE 240. Paul D. Bolster North X Northwest Office Park Atlanta, Georgia 30339 (404)955-0324 Georgia Hospital Association 241. Maxine J. Chriszt North by Northwest Office Park Atlanta, Georgia 30339 (404)955-0324 Georgia Hospital Association 242. Joseph A. Parker North X Northwest Office Park Georgia Hospital Association Atlanta, Georgia 30339 (404)955-0324 Georgia Hospital Association 243. John D. Folds, Jr. 1585 Phoenix Boulevard Suite 5 Atlanta, Georgia 30349 (404)996-0509 State Farm Insurance Companies 244. Frederick W. Hoffman CIMS 416-13-08 12000 Chrysler Drive Highland Park, Michigan 48288-1919 (313)956-2514 Chrysler Corporation 245. Richard B. Cobb 50 Hurt Plaza Suite 720 Atlanta, Georgia 30303 (404)522-2574 Georgia Petroleum Council 246. Marilyn M. Self 1955 Monroe Drive Atlanta, Georgia 30324 (404)881-9800 American Red Cross-Metropolitan Atlanta Chapter 247. Donna McLarin 151 Ellis St. Suite 422 Atlanta, Georgia 30303 (404)659-3430 Georgia Electric Membership Corporation 248. Marybeth Robertson Atkins 151 Ellis Street Suite #422 Atlanta, Georgia 30303 (404)659-3430 Georgia Electric Membership Corporation 249. Derl J. Hinson 151 Ellis Street Suite 422 Atlanta, Georgia 30303 (404)659-3430 Georgia Electric Membership Corp. (GEMC) 250. Bill Verner 151 Ellis Street Suite 422 Atlanta, Georgia 30303 (404)659-3430 Georgia Electric Membership Corporation 251. VOID 252. Jim McDuffie 185 Washington Avenue Marietta, Georgia 30090-9660 (404)429-3289 Cobb County Tax Commissioners Office 253. B. Gail Downing 185 Washington Avenue Marietta, Georgia 30090-9660 (404)429-3289 Cobb County Tax Commissioners Office 254. Michael S. Raynor 125 Perimeter Center West Suite 346 Atlanta, Georgia 30346 (404)391-2482 Southern Bell 255. John H. Downs, Jr. One Coca-Cola Plaza P.O. Drawer 1778 Atlanta, Georgia 30313 (404)676-3066 Coca-Cola Enterprises, Inc. 256. Laura E. Brightwell Coca-Cola Enterprises, Inc. One Coca-Cola Plaza Atlanta, Georgia 30313 (404)676-3066 Coca-Cola Enterprises, Inc. MONDAY, JANUARY 14, 1991 47 257. Carol N. Rogers 1188 Briarcliff Road Ste. 1 Atlanta, Georgia 30306 (404)873-1504 Informed Helath Care Association of Georgia, Inc. Georgia Women's Coalition for Medical Freedom, Inc. Cancer Victors, Inc. 258. Nancy P. Schulz 1362 West Peachtree St. Atlanta, Georgia 30309 (404)876-4624 Georgia Nurses Association 259. Michael R. MacKenzie 874 N. Main Street Suite 200 Conyers, Georgia 30207 (404)483-6168 The MacKenzie Agency 260. Patricia E. Mason MacKenzie 874 A N. Main Street Suite 200 Conyers, Georgia 30207 (404)483-6168 The MacKenzie Agency 261. Scott Thomas 3168 South Walden Road Macon, Georgia 31206 (912)749-8462 International Association of Machinist 262. C. Robert Billiard Post Office Box 93345 Atlanta, Georgia 30318 (404)877-6063 Citizens for Safe Government, Inc. 263. John T. Sherrer 833 Campbell Hill Street Marietta, Georgia 30060 (404)427-0202 Georgia Pharmaceutical Association 264. Edward V. Deaton 6 Adams Park Court Columbus, Georgia 31909 (404)322-3639 Georgia School Boards Association American Association of Retired Persons Muscogee Association of Retired Cafeteria Workers 265. Winifred W. Johnston 1100 Eisenhower Drive Garrett Elementary School Augusta, Georgia 30904 (404)737-7222 Richmond County Association of Educators 266. Kelli Heartsill 230 Peachtree Street Suite 200 Atlanta, Georgia 30303 (404)223-2267 Business Council of Georgia 267. Kathy T. Berry 1075 Spring St., N.W. Atlanta, Georgia 30309 (404)872-2467 Georgia Press Association 268. Barry M. Clause 3100 Breckinridge Blvd. Duluth, Georgia 30136 (404)564-6231 The A.L. Williams Corporation A.L. Williams Marketing Corporation First American National Securities, Inc. Massachusetts Indemnity & Life Insurance Company A. L. Williams Home Mortgages 269. Daniel D. McConnell 3100 Breckinridge Blvd. Duluth, Georgia 30136 (404)564-6880 The A.L. Williams Corporation A.L. Williams Marketing Corporation First American National Securities, Inc. Massachusetts Indemnity & Life Insurance Company A.L. Williams Home Mortgages, Inc. 270. Brooks Payne Rode 665 Darlington Road Atlanta, Georgia 30305 (404)233-1261 Atlanta Junior League 271. Gayle Sexton 3735 Memorial Drive Decatur, Georgia 30032 (404)284-8700 Georgia Health Care Association 48 JOURNAL OF THE SENATE 272. Francis J. Mulcahy 5780 Powers Ferry Road, N.W. Atlanta, Georgia 30327-4390 (404)850-7780 Southland Life Insurance Company Associated Doctors Health & Life Insurance Company Life Insurance Company of Georgia 273. John R. Barnmeyer 5780 Powers Ferry Road.N.W. Atlanta, Georgia 30327-4390 (404)850-7780 Life Insurance Company of Georgia Southland Life Insurance Company Associated Doctors Health & Life Insurance Company 274. Donna Dixon P.O. Box 615 Blackshear, Georgia 31516 (912)449-4679 ADE, Inc. 275. Tim G. Griffin P.O. Box 625 Matthews, North Carolina 28106-0625 (704)845-7305 Alltel Georgia, Incorporated 276. Mary Jane Galer P.O. Box 4682 Columbus, Georgia 31904 (404)324-2931 Georgia Abortion Rights Action League (GARAL) 277. Robert F. Galer PPP, Inc. P.O. Box 4682 Columbus, Georgia 31904 (404)324-2931 Georgia Abortion Rights Action League (GARAL) American Association of Retired Persons (AARP) 278. Karla Boy 1364 Drakie Ct. Lilburn, Georgia 30247 (404)979-4495 Family Concerns 279. Lawrence H. Mink Box 247 Mayor's Office Macon, Georgia 31298 (912)751-7170 City of Macon Mayor's Office 280. Joseph John Rogers 417 Dorchester Drive Augusta, Georgia 30909 (404)733-0844 Rogers Publishing Procter & Gamble Mfg. Company 281. Nancy Schaefer Post Office Box 550168 Atlanta, Georgia 30355 (404)373-4356 Citizens For Public Awareness Family Concerns, Inc. 282. Mark M. Woodall P.O. Box 123 Woodland, Georgia 31836 (404)846-2281 Friends of the Environment Citizens for Safe Progress 283. Bill Hathaway 1067 McConnell Drive Decatur, Georgia 30033 (404)634-2811 Gorgia Federal/Military Retiree Coalition Georgia Federation of Chapters, NARFE 284. William D. Padgett Trust Company of Georgia 25 Park Place Atlanta, Georgia 30302 (404)588-8681 Trust Company of Georgia Suntrust Bank Inc. 285. Brian Johnstone 1200 Peachtree Street N.E. Room 12160 Atlanta, Georgia 30309 (404)873-8534 American Telephone & Telegraph & Affiliated Companies 286. Anita M. Patterson 161 Spring Street Suite 640 Atlanta, Georgia 30303 (404)523-4102 American Federation of State, Co. & Municipal Employees 287. Brenda Bell 5665 Peachtree-Dunwoody Rd., NE. Atlanta, Georgia 30342 (404)851-7287 Georgia Medical Record Association MONDAY, JANUARY 14, 1991 49 288. Eleanor L. Richardson 755 Park Lane Decatur, Georgia 30033 (404)636-5892 Continuum Healthy Mothers, Healthy Babies Mental Health Association of Metropolitan Atlanta Mental Health Association of Georgia 296. Bill W. Gray 11405 Hackett Road Roswell, Georgia 30075 (404)993-5148 Leslie-Locke, White Metal Diversified Reader Sales Fairhill Marketing Georgia Hearing Aid Society City of Roswell 289. Maureen McGrath Caine 3121 Maple Drive Suite 228 Atlanta, Georgia 30305 (404)365-8824 Ga. Independent Trust 297. Ronald A. Pierce 230 Callan Drive Rossville, Georgia 30741 (404)866-2448 Conoco, Inc. 290 Martha S. Grindle Route 5, Box 5014 Cleveland, Georgia 30528 (404)865-3514 Professional Association of Georgia Educators 291. Martha S. Phillips 2951 Flowers Road, South Suite 112 Atlanta, Georgia 30341 (404)458-6166 Georgia Dental Association 292. Dr. B. Lee Hawkins 404 Green Street, NE Gainesville, Georgia 30501 (404)536-1229 Georgia Dental Association 293. Dr. J. David Alien 5090 Chastleton Drive Stone Mountain, Georgia 30087 (404)483-9692 Georgia Dental Association 294. Rhonda Poston 6201 Powers Ferry Road Suite 150 Atlanta, Georgia 30339 (404)953-0608 Sanifill, Inc. 298. Dudley L. Moore, Jr. 1000 Parkwood Circle Suite 1000 Atlanta, Georgia 30339 (404)952-4500 Georgians for Responsible Insurance Policy 299. Nancy Sellers 869 Ormewood Terrace Atlanta, Georgia 30316 (404)589-3573 Atlanta Black Nurses Association Wee-Care Express, Inc. 300. John H. Smallwood 3746 Chamblee Tucker Road Atlanta, Georgia 30341 (404)491-3134 Smallwood Insurance Company Georgia Nationwide Ins. Independent Contractors Association Agents Action Committee, Inc. OA-l Vicki Bell 955 Concord Road, SE Smyrna, Georgia 30080 (404)433-1515 Georgia Society of Allied Health Professions 295. Julius M. Lennard, Jr. Ill Huntington Road, N.E. Atlanta, Georgia 30309 (404)875-1060 Grand Jurors Association of Fulton County 302. Bobby G. Martin 149 Westherstone Parkway Marietta, Georgia 30068 (404)973-5014 Georgia Retired Teachers Association Georgia Staff Development Council 50 JOURNAL OF THE SENATE 303. Marie S. Steinmeyer 3985 Lynfield Court College Park, Georgia 30349-1425 (404)349-2338 Georgia Women's Coalition for Medical Freedom, Inc. Informed Health Care Association of Georgia, Inc. Cancer Victors, Inc. Int'l Association of, Inc. Georgia Association Medical Malpractice Victims, Inc. 304. Rachel B. Champagne 100 Edgewood Avenue Room 128 Atlanta, Georgia 30303 (404)527-7652 Metropolitan Atlanta Crime Commission 305. Todd Mitchell Krohn 100 Edgewood Ave., N.E. Room 128 Atlanta, Georgia 30303 (404)527-7650 Metropolitan Atlanta Crime Commission 306. Aurelia Sands Belle 100 Edgewood Avenue Room 128 Atlanta, Georgia 30303 (404)527-7650 Metropolitan Atlanta Crime Commission 307. Thomas C. Payne 374 Maynard Terrace SE Atlanta, Georgia 30316 (404)373-5778 Plumbers & Pipe Fitters, Local Union 72 308. Jane Weest 373 Maynard Terrace Atlanta, Georgia 30316 (404)373-5778 Plumbers and Pipefitters Local Union 72 309. John F. Chambless 147 Harris Street, N.W. Atlanta, Georgia 30313 (404)522-5941 Associated General Contractors of America, Ga Branch 310. H. Evonne Yancey 3355 Lenox Road, N.E. Atlanta, Georgia 30326 (404)233-0555 Kaiser Permanente Medical Care Program 311. Herbert H. Mabry 501 Pulliam St., S.W. Suite 549 Atlanta, Georgia 30312 (404)525-2793 Georgia State AFL-CIO 312. Lynne Randall 580 14th St. NW Atlanta, Georgia 30307 (404)875-7551 Georgians for Choice 313. David W. Milam P.O. Box 10 Ringgold, Georgia 30736 (404)935-2241 Salem Carpet Mills, Inc. 314. Karen S. Loritts 551 Mary Erna Drive Fairburn, Georgia 30213 (404)969-1299 8th District--PTA Council Fulton County Schools Creekside Elementary High School 315. Ed Baker Atlanta Business Chronicle 1801 Peachtree Street Atlanta, Georgia 30309 (404)249-1000 Atlanta Advertising Industry 316. W. A. Binns P.O. Box 570 Savannah, Georgia 31402 (912)238-7327 Union Camp Corp. 317. Louise Radloff 52 Gwinnett Drive Lawrenceville, Georgia 30243 (404)963-8657 Georgia School Boards Assn. 318. S. Warren Jackson 215 Piedmont Avenue NE Suite 704 Atlanta, Georgia 30308 (404)242-4652 Jackson Management Enterprises MONDAY, JANUARY 14, 1991 51 319. George Bulloch 932 Clay Street Marietta, Georgia 30062 (404)494-3431 International Association of Machinists & Aerospace 320. W.R. Hornsby 750 Glass Street, N.W. Atlanta, Georgia 30318 (404)873-6904 Georgia Association of Professional Bail Bondsmen 321. Jammie M. Philpott P.O. Box 611 Reynolds, Georgia 31076 (912)847-4694 Citizens for a Safe Progress/Taylor County 322. John J. Chiaramonte, Jr. 4363 North Ocoee Street Olin Corporation Cleveland, Tennessee 37312 (615)336-4006 Olin Corporation 323. H. Andrew Owen 1900 Peachtree Center Tower 230 Peachtree Street Atlanta, Georgia 30303 (404)688-2600 American Insurance Association 324. William A. Travis 7003 Laurel Turn Big Canoe, Georgia 30143 (404)268-3517 Johnson & Johnson 325. Charles Lane Drew 880 West Peachtree P.O. Box 7600 Atlanta, Georgia 30357 (404)885-6417 Citizens for Safe Government, Inc. 326. Becky A. Kurtz 151 Spring Street Atlanta, Georgia 30335 (404)524-5811 Senior Citizens Advocacy Program 327. Judy D. Lovell P.O. Box 61 Cleveland, Georgia 30528 (404)865-2731 Professional Association of Georgia Educators 328. Shann Cash Route 5, Box 5014 Cleveland, Georgia 30528 (404)865-3514 Professional Association of Georgia Educators 329. Donald E. Tefft 2889 Elmwood Drive Smyrna, Georgia 30080 (404)436-7575 First Insurance Network, Inc. Peachtree Casualty Insurance 330. John Holloway 719 McLendon Street Ashburn, Georgia 31714 (912)567-2298 Professional Association of Georgia Educators 331. Lynn L. White 1029 Railroad Street Conyers, Georgia 30207 (404)483-2408 Ga. Child Care Assn. 332. Fran Hesser 50 Hurt Plaza Suite 720 Atlanta, Georgia 30303 (404)522-2574 Georgia Petroleum Council 333. John Callaway 1727 Tolleson Court Dunwoody, Georgia 30338 (404)396-9343 Georgia Retired Officers Association Federal Military Retiree Coalition 334. Lee R. Lemke 2625 Cumberland Parkway Suite 485 Atlanta, Georgia 30101 (404)438-1588 Georgia Mining Association China Clay Producers Association 335 Jim H. Groome 2625 Cumberland Parkway Suite 485 Atlanta, Georgia 30339 (404)438-1589 China Clay Producers Association Inland Container Corporation 52 JOURNAL OF THE SENATE 336. Milo Dakin 400 South Union Suite 405 Montgomery, Alabama 36104 (205)265-2158 Alabama Sports Association Inc. 337. Delores Gallego Delta Air Lines, Inc., Dept. 977 Hartsfield Atlanta Atlanta, Georgia 30320 (404)765-2458 Delta Air Lines, Inc. Air Transport Association of America 338. Ted Lawrence 125 Perimeter Center West Suite 346 Atlanta, Georgia 30340 (404)391-3708 Southern Bell 339. Robert Ray, Jr. 1620 Bass Road Macon, Georgia 31298 (912)474-8411 Georgia Farm Bureau Federation 340. R. Rudolph Underwood Post Office Box 7068 Macon, Georgia 31298 (912)474-8411 Georgia Farm Bureau 341. Laura Jean Meadows Post Office Box 7068 Macon, Georgia 31210 (912)474-8411 Georgia Farm Bureau Federation 342. Joe Brannen 50 Hurt Plaza Suite 1050 Atlanta, Georgia 30303 (404)522-1501 Georgia Bankers Association 343. Donald C. Colby Post Office Box 9903 Pratt & Whitney Columbus, Georgia 31907 (404)568-5547 United Technologies/Pratt & Whitney 344. Jimmy Fleming P.O. Box 80730 Atlanta, Georgia 30366 (404)454-3622 Vulcan Materials Company 345. Kay Y. Young 161 Spring Street, N.W. 5th Floor Atlanta, Georgia 30303 (404)656-6021 Georgia Legal Services Program Atlanta Legal Aid Society, Inc. 346. Charles Van Rysselberge 235 International Blvd., NW Atlanta, Georgia 30303 (404)586-8432 The Atlanta Chamber of Commerce 347. Susan Neugent 235 International Blvd., NW Atlanta, Georgia 30303 (404)586-8466 The Atlanta Chamber of Commerce 348. Gerald L. Bartels 235 International Blvd., NW Atlanta, Georgia 30303 (404)586-8434 The Atlanta Chamber of Commerce 349. Milton R. Lincoln 235 International Blvd., NW Atlanta, Georgia 30303 (404)586-8411 The Atlanta Chamber of Commerce 350. Anthony Mazyck, II 2458-C Wesley Chapel Road Suite 222 Decatur, Georgia 30035 (404)286-1917 Mazak Consultants, Inc. 351. Coy R. Johnson 112 N. Main Street Gumming, Georgia 30130 (404)887-7761 Lipscomb, Johnson, Ashway 352. Hans N. Neuhauser 781 Marietta St. Atlanta, Georgia 30318 (404)876-2900 Georgia Conservancy, Inc., The 353. Kerri S. Milam 1266 McLendon Avenue, #2 Atlanta, Georgia 30307 (404)521-1672 Georgia Abortion Rights Action League Strategic Communication Services MONDAY, JANUARY 14, 1991 53 354. James L. Cherry 625 Reds Circle Lilburn, Georgia 30247 (404)921-5822 National Center for Handicapped Rights, Inc. 355. Sylvia Cherry 625 Reds Circle Lilburn, Georgia 30247 (404)921-5822 National Center for Handicapped Rights, Inc. 356. Robert J. Lipe 355 Old Tree Trace Roswell, Georgia 30075 (404)992-3168 Miles Pharmaceutical 357. Edwin B. Topmiller P.O. Box 9748 2328 Cortez Way Atlanta, Georgia 30319 (404)636-7970 Georgia Sport Shooting Assn., Inc. 358. Michael Kindberg Box 277 Alpharetta, Georgia 30239-0277 (404)992-6539 Georgia Sport Shooting Association 359. Dr. Bill Davis 6505 Roswell Road NE Suite 1411 Atlanta, Georgia 30328 (404)256-2334 Georgia Sport Shooting Association 360. Fred Phillip Metros 1050 Greendale Lane Jonesboro, Georgia 30236 (404)477-7005 Georgia Sport Shooting Association 361. Dorree Jane Smith 265 Washington Street Atlanta, Georgia 30308 (404)588-9868 Public Assistance Coalition 362. Heather Bennett McCabe 1815 Ponce De Leon Avenue Atlanta, Georgia 30307 (404)377-3836 REACH 363. Joe W. Andrews, Jr. 1239 Second Street P.O. Box 801 Macon, Georgia 31202 (912)743-8612 Georgia Equity Lenders Association Georgia Dairy Products Association Georgia Industrial Loan Association Georgia Tax Officials Association 364. Wallace T. Coopwood 1325 Johnson Ferry Road Suite 204 Marietta, Georgia 30060 (404)977-5996 Credit Consultants Wallace T. Coopwood & Associates 365. Joan B. Isbell 560 Meredith Drive Atlanta, Georgia 30318 (404)355-6518 Friends of the Environment 366. Martha Haygood 1926 Greystone Road NW Atlanta, Georgia 30318 (404)355-5342 Friends of the Environment 367. Sherry L. Abbott 732 Ashby Street, NW Atlanta, Georgia 30318 (404)875-0822 Outdoor Advertising Association of Georgia 368. David R. Williams 50 Hurt Plaza Suite 1050 Atlanta, Georgia 30303 (404)522-1501 Georgia Bankers Association 369. Tavia McCuean 1401 Peachtree St. NE Ste. 136 Atlanta, Georgia 30309 (404)873-6946 Nature Conservancy, The 54 JOURNAL OF THE SENATE 370. Pamela R. Ware 100 Edgewood Avenue NE I, Suite 502 Atlanta, Georgia 30303 (404)527-7175 Mental Health Association of Metropolitan Atlanta Mental Health Association of Georgia Residential Services Coalition Citizens and Agencies for Troubled Citizens (Catch) 371. Michael R. Fowler 100 Edgewood Avenue Suite 502 Atlanta, Georgia 30303 (404)527-7175 Mental Health Association of Metropolitan Atlanta Mental Health Association of Georgia Residential Services Coalition Citizens and Agencies for Troubled Children (Catch) 372. Angelina R. Luke 3155 Presidential Drive Suite 104 Atlanta, Georgia 30340 (404)451-2662 Georgia Apartment Association Atlanta Apartment Association 373. Steve Weathers 5275 Light Circle Norcross, Georgia 30071-4139 (404)449-3431 Georgians for Freedom in Education (GFE) 376. Clifton Neil Irby 534 Medlock Road Room 534 Decatur, Georgia 30030 (404)378-2833 Christian Science Committee on Publication for Georgia 377. Kathleen Doughtery 534 Medlock Room 534 Decatur, Georgia 30030 (404)378-2833 Christian Science Committee on Publication for Georgia 378. Wales F. Barksdale 981 Milstead Avenue Conyers, Georgia 30207 (404)922-4000 Wales Flynt Forest Company A. R. Barksdale, Inc. Snapping Shoals Electric Membership Corporation City of Conyers Flynt Lumber Company 379. Claudia B. Ward P.O. Box 869 Ringgold, Georgia 30736 (404)935-2345 Ringgold Telephone Company 380. Billy L. Adams 428 Academy Avenue Dublin, Georgia 31021 (912)272-5400 Southeastern Farm & Power Equipment Association 374. Marc Wetherhorn 3091 Maple Drive Suite 208 Atlanta, Georgia 30305 (404)240-0376 Citizen Action 381. John W. Walker 4502 Clement Drive, S.W. Atlanta, Georgia 30331 (404)696-1958 Professional Association of Georgia Educators 375. Lithangia S. Robinson 2880 Valley Heart Drive, N.W. Atlanta, Georgia 30318 (404)691-8720 Georgia Retired Teachers Association American Association of Retired Persons (AARP) 382. Glenn J. Hawkins P.O. Box 645 Tulsa, Oklahoma 74101-0645 (918)599-3643 Mapco, Inc. Mapco Petroleum (Delta Express) Mapco Gas Products Inc. MONDAY, JANUARY 14, 1991 55 383. Thomas Ware 499 Northside Circle Suite 412 Atlanta, Georgia 30309 (404)351-1760 Buckhead Financial Services Groups 384. Bruce E. Widener 1847-C Peeler Road Dunwoody, Georgia 30338 (404)393-8625 Georgians for Better Transportation Printing Industry Association of Georgia Yancey Brothers Company Georgia Equipment Distributors Assn. Georgia Utility Contractors Association Conditioned Air Association of Georgia Georgia Drillers Association 385. Joan R. Cates 100 Edgewood Avenue, N.E. Suite 1604 Atlanta, Georgia 30303 (404)325-0348 Planned Parenthood of the Atlanta Area 386. Michael E. Williams NAA-ILA 1600 Rhode Island Avenue NW Washington, DC 20036-3268 (202)828-6373 National Rifle Association-Institute for Legitimate Action 387. Mary Lou Romaine 501 Pullian Street SE, 517 Atlanta, Georgia 30312 (404)525-3559 Atlanta Labor Council AFL-CIO 388. VOID 389. Jack Girard 1100 Spring Street, NW Atlanta, Georgia 30367 (404)875-0304 AAA Auto Club South 390. F. Thomas Longerbeam 325 John Knox Road Suite C-135 Tallahassee, Florida 32303 (904)422-0668 Association of the United States, Inc. Motor Vehicle Manufacturers Association of the United States, Inc. 391. Charles C. Martin 470 Hill Street Buford, Georgia 30518 (404)945-5179 Georgia Gamefowl Producers Association 392. Robert J. Walsdorf 3015 Piedmont Road, N.E. Atlanta, Georgia 30305 (404)231-4292 Georgia Beer Wholesalers Association 393. William N. Griffin 3015 Piedmont Road, N.E. Atlanta, Georgia 30305 (404)231-4292 Georgia Beer Wholesalers Association 394. John W. Cox 3200 Presidential Drive Atlanta, Georgia 30340 (404)978-2412 Georgia Association of Realtors, Inc. 395. Keith E. Hatcher 3200 Presidential Drive Atlanta, Georgia 30340 (404)451-1831 Georgia Association of Realtors, Inc. 396. Alethea K. Garnett P. O. Box 105605 Atlanta, Georgia 30348-5605 (404)521-4752 Georgia Pacific Corporation 397. Dorothy P. Spence 1197 Peachtree Street, NE Colony Square Retail Mall Atlanta, Georgia 30361 (404)873-3207 Georgia Association American Institute of Architects 398. Bettye L. Stokes, RN 404 Espinosa Street Augusta, Georgia 30901 (404)724-2077 Georgia Nurses Association Chi Eta Phi Nursing Sorority 56 JOURNAL OF THE SENATE 399. Ray B. Rogers 2859-A N. Druid Hills Road NE Atlanta, Georgia 30329 (404)634-2492 State Farm Agents Association (Ga. Chapter) 400. Willis Bennett P.O. Box 1340 Snellville, Georgia 30278 (404)985-4747 State Farm Agents Association (Ga. Chapter) 401. Leroy B. Anderson 4872 Mustang Drive Norcross, Georgia 30071 (404)448-3727 Hensley-Schmidt Engineering, Inc. 402. William M. Griggers 2732 Hwy. 29 N Newnan, Georgia 30265 (404)251-6497 Fulton County Retired Teachers Association 403. Garnett B. Prince 735 Pine Needle Road Hampton, Georgia 30228-1545 (404)477-9966 Warner-Lambert Company 404. Elsie P. Brown 878 Peachtree Street, N.E. Suite 101 Atlanta, Georgia 30309 (404)894-6427 Georgia Association for Primary Health Care 405. Robert J. Thomas 1783 Washington Avenue Suite 201 East Point, Georgia 30344 (404)766-1631 American Subcontractors Association Roofing & Sheet Metal Contractors Association of Georgia Master Roofing Contractors Association of Georgia Resilient Floor-Covering Contractors Association 406. Alien L. Henderson 120 Barrington Hills Dr. Atlanta, Georgia 30350 (404)394-7162 Southeastern Plastic Industry Recycling Alliance Physical Therapy Association of Georgia Georgians for Clean Water 407. Ed McGill Suite A-106 1500 Klondike Road Conyers, Georgia 30207 (404)922-6555 Georgia Alcohol Dealers Association, Inc. 408. J.R. "Jake" Cullens P.O. Box 326 Cartersville, Georgia 30120 (404)382-2613 Mr., Agency of Georgia Etowah Vineyards No. Atlanta Charter Realty, Ltd. Senior Retired Troopers & GBI Agents Assn. First American Bank Viking Distillery Glenmore Distilleries Company Georgia House Foundation Atlanta Casualty Company Jones & Granger Barton Brands, Ltd. Habersham Vineyards 409. Tom Heating P.O. Box 125 Decatur, Georgia 30031 (404)827-8033 Atlanta Public Schools 410. VOID 411. Randall M. Lipshutz 2300 Harris Tower-Ptree Center 233 Peachtree St., NE Atlanta, Georgia 30043 (404)688-2300 Community Association InstituteGeorgia Chapter 412. Robert L. Scott 115 Perimeter Center Place Suite 415 Atlanta, Georgia 30346 (404)668-1126 Lederle Laboratories MONDAY, JANUARY 14, 1991 57 413. Vicki McLennan P.O. Box 54045 Atlanta, Georgia 30308 (404)523-1227 National Organization for Women Public Assistance Coalition 414. T.R. Wade 1360 South CNN Center Atlanta, Georgia 30303 (404)688-9341 Astroline Communications Company Atlanta Regional Commission Callaway Foundation Cane Sugar Refiners Association The Emanon Society of North America Ginn, Edington, Moore & Wade, Inc. Gulfstream Aerospace Corporation Hercules Incorporated Inter-Marine Shipping Lake Russell Authority Lockheed Aeronautical Systems Company Mechanical Technology, Inc. Outdoor Advertising Association of America Phillips Petroleum Company The Regan Group Rockwell International Corporation Tampa Maid Sea Products, Inc. Wilwat Properties, Inc. Lockheed Corporation E.H. Industries, Ltd. Equifax, Inc. Oglethorpe Power Corporation Philip Morris U.S.A. Turner Broadcasting Systems, Inc. Watkins Associated Industries, Inc. Watkins Motor Lines 415. David Lee Thomas P. O. Box 95361 Atlanta, Georgia 30347 (404)986-9800 Southeastern Oil Marketers Association 416. Ruth F. Claiborne 120 Ralph McGill Blvd. Suite 1600 Atlanta, Georgia 30308 (404)892-3100 Area Health Education Centers Clearinghouse on Georgia Prisons & Jails Georgia Psychiatric Physicians Association Visiting Nurse Corporation Georgia Council on Child Abuse Planned Parenthood of the Atlanta Area, Inc. School Social Workers Association of Georgia 417. Monty Veazey Post Office Box 1572 Tifton, Georgia 31793 (912)386-8660 Georgia Not For Profit Hospitals, Inc. 418. Robert K. Yass One Tower Square 6-SHS Hartford, Connecticut 06183-1060 (203)954-8235 The Travelers Companies 419. Helen P. Smith Post Office Box 2309 Savannah, Georgia 31402 (912)944-4863 Georgians for Victim Justice, Inc. 420. Shelley A. Rose 118 North Avondale Road Avondale Estates, Georgia 30002 (404)297-8406 Georgia Citizens for the Arts 421. Ernest Davis, Jr. 151 Spring Street, N.W. Atlanta, Georgia 30335 (404)524-5811 Atlanta Legal Aid Society, Inc. Georgia Legal Services Programs, Inc. 422. Robert K. McClellan 201 Washington Street Atlanta, Georgia 30301 (404)588-9868 Public Assistance Coalition 58 JOURNAL OF THE SENATE 423. Don Floyd 270 Pryor Street, SW Atlanta, Georgia 30303 (404)577-5577 Georgia Association of Professional Bondsmen 424. Johnnie M. Keith 110 Milliard St., S.E. #408 Atlanta, Georgia 30312 (404)688-7663 Disability Activists Rally for Equality 425. M. Gail Love 110 Milliard St. SE Ste. 408 Atlanta, Georgia 30312 (404)688-7663 Disability Activists Rally for Equality 426. Adam Shapiro 100 Milliard St. SE Ste. 408 Atlanta, Georgia 30312 (404)688-7663 Disability Activists Rally for Equality 427. Nellie K. Gainer 100 Milliard St. SE Ste. 408 Atlanta, Georgia 30312 (404)688-7663 Disability Activists Rally for Equality 428. Frank Sims 786 Cleveland Avenue S.W. Atlanta, Georgia 30315 (404)763-6887 Fulton County Board of Education 429. James Welsh 786 Cleveland Avenue Atlanta, Georgia 30315 (404)768-3600 Fulton County Board of Education 430. Stephen P. Georgeson 675 Ponce De Leon Ave., N.E. Atlanta, Georgia 30308 (404)885-3575 Georgia Home Furnishings Association Chemical Manufacturers Association Georgia Retail Association 431. Scott McGee SGA Office 225 University Center Atlanta, Georgia 30303 (404)651-2236 Georgia State University 432. Brad Bell Georgia State University 225 University Plaza Atlanta, Georgia 30303 (404)651-2236 Georgia State University 433. Sara Ban SGA Office 225 University Plaza Atlanta, Georgia 30303 (404)651-2236 Georgia State University 434. William O. Bailey 1 Park Place South Suite 823 Atlanta, Georgia 30303 (404)651-3403 Georgia State University 435. Ptlene Minick Adult Health Nursing P.O. Box 4019 Atlanta, Georgia 30303 (404)651-3044 Georgia Nurses Association 436. Vita R. Ostrander 1839 Mt. Royal Drive, N.E. Atlanta, Georgia 30329 (404)634-5522 Georgia Council on Aging Amerian Association of Retired Persons 437. Ray P. Williams 938 Peachtree Street, N.E. Atlanta, Georgia 30309 (404)876-7535 Georgia Society of Association Executives Georgia Academy of Family Physicians Georgia Society of Ophthalmology 438. Andrew L. Frahler P.O. Box 550168 Atlanta, Georgia 30355 (404)373-4356 Family Concerns, Inc. MONDAY, JANUARY 14, 1991 59 439. Virgil T. Smith Post Office Box 1471 Dalton, Georgia 30722-1471 (404)278-3280 Virgil T. Smith Associates 440. Herman L. Moore P.O. Box 105605 133 Peachtree Street, N.E. Atlanta, Georgia 30348 (404)521-4756 Georgia Pacific Corporation 441. Frances Smith 1402 Oakview Drive Griffin, Georgia 30223 (404)228-0942 Georgia PTA 442. Nancy H. Jackson P.O. Box 816 Griffin, Georgia 30223 (404)228-1569 Georgia PTA 443. Jim Kittrell 1590 Marietta Blvd., N.W. Atlanta, Georgia 30318 (404)350-5227 CSX Transportation 444. J. Brian Munroe 1300 I Street N.W. Suite 520 W Washington, DC 20005-3314 (202)408-0090 HLR Service Corporation 445. Eva Galambos 5070 Trimble Road Atlanta, Georgia 30342 (404)255-4430 Committee for Sandy Springs, Ga. 446. John D. Palmer 201 Washington Street Atlanta, Georgia 30319 (404)508-9868 Public Assistance Coalition 447. Luke R. Lassiter 106 Pine Crest Drive Gumming, Georgia 30130 (404)887-9605 National Association of Independent Insurers 448. Kay H. Pippin 3951 Snapfinger Parkway Decatur, Georgia 30035 (404)289-5867 Georgia Association of Educators 449. VOID 450. Andrew Henry Griffin, Jr. 3951 Snapfinger Parkway Decatur, Georgia 30035 (404)289-5867 Georgia Association of Educators (GAE) 451. Nevin Jones 3951 Snapfinger Parkway Decatur, Georgia 30035 (404)289-5867 Georgia Association of Educators (GAE) 452. VOID 453. Robert S. Cribbs 3951 Snapfinger Parkway Decatur, Georgia 30035 (404)289-5867 Georgia Association of Educators 454. John M. Dobrenic P.O. Box 2376 St. Simons Island, Georgia 31522 (912)638-4993 Georgia Association of Educators 455. Bobbie Sharp 3951 Snapfinger Parkway Decatur, Georgia 30035 (404)289-5867 Georgia Association of Educators 456. Peggy Parham 3951 Snapfinger Parkway Decatur, Georgia 30035 (404)289-5867 Georgia Association of Educators 457. Geneva Fleming 3951 Snapfinger Parkway Decatur, Georgia 30035 (404)289-5867 Georgia Association of Educators 458. David Palmer 290 Hilderbrand #B-5 Atlanta, Georgia 30328 (404)237-9871 Tires Nationwide, Inc. 459. Gary M. Holmes 315 West Ponce De Leon Avenue Decatur, Georgia 30030 (404)370-1500 Tires Nationwide, Inc. Parker & Holmes, Inc. 60 JOURNAL OF THE SENATE 460. Peter H. Chapman, III 100 Edgewood Avenue P.O. Box 2692 Atlanta, Georgia 30371 (404)527-7359 United Way of Metro Atlanta United Ways of Georgia 461. Marie R. Metze 3259 Cascade Rd., S.W. Atlanta, Georgia 30311 (404)691-4788 League of Women Voters 462. Dean G. Auten 6122 Altama Ave. Suite 5 Brunswick, Georgia 31520-1807 (912)264-336 Agents Action Committee, Inc. 463. David M. Sweet 5035 Vermack Road Dunwoody, Georgia 30338 (404)394-3873 Student Coalition Against Rampant Intoxicated Drivers 464. Shari Ann Rose 1360 South CNN Center Atlanta, Georgia 30062 (404)688-9341 Ginn, Edington, Moore & Wade, Inc. 465. Ervin W. Goodroe 42 Spring Street Suite 244 Atlanta, Georgia 30303 (404)588-3660 Construction Credit Coalition Building Material Merchants Assn. 466. Kay Goodroe 42 Spring Street Suite 244 Atlanta, Georgia 30303 (404)588-3660 Building Material Merchants Association Construction Credit Coalition 467. Demetrius Mazacoufa 1401 Peachtree Street Suite 238 Atlanta, Georgia 30309 (404)897-1000 Georgia Nurses Association Georgia Dietetic Association Georgia Speech-Language-Hearing Association 468. H. Wayne Phears 4725 Peachtree Corners Circle Ste. 375 Norcross, Georgia 30092 (404)446-2116 ABC Home Health Services, Inc. Visiting Nurses Association Three Rivers Home Health 469. Duvall D. Brimer 100 Galleria Parkway NW Suite 800 Atlanta, Georgia 30339 (404)852-7212 The Atlanta Coca-Cola Bottling Co. 470. James C. Thompson 1280 Winchester Park Suite 131 Smyrna, Georgia 30080 (404)432-0701 Georgia State UAW CAP Council 471. Bob L. Izlar 505 Pinnacle Court Suite 505 Norcross, Georgia 30071-3634 (404)416-7621 Georgia Forestry Association, Inc. 472. Ginger Clark 2633 Edwards Road Conyers, Georgia 30208 (404)483-3255 Professional Association of Georgia Educators 473. Fred Sackett Rt. 1, Box 243A Butler, Georgia 31006 (404)862-5120 Citizens for a Safer Georgia 474. Jack Cory 120 E. Jefferson Street Tallahassee, Florida 32301 (904)893-0995 Resource Technology Associates, Inc. Mindis International Attwoods, Inc. Medx, Inc. Alamo Car Rental Inc. MONDAY, JANUARY 14, 1991 61 475 Eugene Lee McCord 3583 Cloudland Drive Stone Mountain, Georgia 30084 (404)294-7818 Eugene L. McCord and Associates, Ltd. Re-Group, Inc. Berger, Barnard, & Thomas, Inc. 476 Earl T. Shinhoster 970 Martin Luther King Jr., Dr. Atlanta, Georgia 30314 (404)688-8868 NAACP 477. Mary C. Moody GSU University Plaza Box 456 Atlanta, Georgia 30214 (404)651-2235 Georgia State University Student Government Association Lobbying 478. Michi Brockman 429 Moreland Ave., NE Atlanta, Georgia 30307 (404)521-3731 Georgia Environmental Project 479. Bill Burns 429 Moreland Ave., N.E. Atlanta, Georgia 30307 (404)521-3731 Georgia Environmental Project 480. Linda Cornejo 429 Moreland Ave., NE Atlanta, Georgia 30307 (404)521-3731 Georgia Environmental Project 481. Lenora Daniel 429 Moreland Ave., NE Atlanta, Georgia 30307 (404)521-3731 Georgia Environmental Project 482. Hollis Doherty 429 Moreland Ave., NE Atlanta, Georgia 30307 (404)521-3731 Georgia Environmental Project 483. Alan Leonard Dynin 429 Moreland Ave., NE Atlanta, Georgia 30307 (404)521-3731 Georgia Environmental Project 484. Vicky Ellis 429 Moreland Ave., NE Atlanta, Georgia 30307 (404)521-3731 Georgia Environmental Project 485. Hugh Esco 429 Moreland Ave, NE Atlanta, Georgia 30307 (404)521-3731 Georgia Environmental Project--3RCS Campaign 486. Byron K. Franklin 429 Moreland Ave., NE Atlanta, Georgia 30307 (404)521-3731 Georgia Environmental Project 487. Kenneth J. Hamilton 429 Moreland Ave., NE Atlanta, Georgia 30307 (404)521-3731 Georgia Environmental Project 488. Bethany Hunton 429 Moreland Ave., NE Atlanta, Georgia 30307 (404)521-3731 Georgia Environmental Project 489. Patrick Kessing 429 Moreland Ave., NE Atlanta, Georgia 30307 (404)521-3731 Georgia Environmental Project 490. Roger Marietta 429 Moreland Ave., NE Atlanta, Georgia 30307 (404)521-3731 Georgia Environmental Project 491. Cameron Maury 429 Moreland Ave., NE Atlanta, Georgia 30307 (404)521-3731 Georgia Environmental Project 492. Cain McKenzie 429 Moreland Ave., NE Atlanta, Georgia 30307 (404)521-3731 Georgia Environmental Project 493. Richard Paul Moore 429 Moreland Ave., NE Atlanta, Georgia 30307 (404)521-3731 Georgia Environmental Project 62 JOURNAL OF THE SENATE 494. James M. Griffith 333 Piedmont Avenue 23rd Floor Atlanta, Georgia 30308 (404)526-6907 Georgia Power Company 495. Susan J. Payne 2300 Northlake Center Tucker, Georgia 30080 (404)491-5909 Georgia Right to Life--Project Common Sense 496. Bert Fridlin 1447 Peachtree Street, N.E. Suite 1008 Atlanta, Georgia 30309 (404)876-8516 National Federation of Independent Business (NFIB) 497. Herman R. Daniell 100 Cherokee Street Suite 127-A Marietta, Georgia 30090-9671 (404)528-3100 Georgia Association of Assessing Officials 498. Homer Flynn 2159 McKinley Road NW Atlanta, Ga. 30318 (404)355-1616 Modesto Corp. Northside Corp. 499. June Deen 2452 Spring Road Smyrna, Georgia 30080 (404)434-5864 American Lung Association of Ga. 500. Frank Barren Thorpe P.O. Box 7776 Macon, Georgia 31209 (912)474-1096 Georgia Wholesale Grocers Association 501. Monica C. Jones Acil C/O V. Mathis 1201 Glenwood Avenue Atlanta, Georgia 30316 (404)656-2952 Atlanta Task Force for Person with Disabilities 502. Peyton Day 4725 Peachtree Corners Circle Suite 300 Norcross, Georgia 30092 (404)446-1500 Family Concerns 503. Jurell Strawn 7620 Blandford Place Atlanta, Georgia 30350 (404)393-9964 Georgia Right to Life--Project Common Sense 504. Mark W. Sanders 1360 South CNN Center Ginn, Edington, Moore & Wade Atlanta, Georgia 30303 (404)688-9341 Astroline Communications Company Atlanta Regional Commission Callaway Foundation Cane Sugar Refiners Association E. H. Industries, Ltd. Equifax, Incorporated Ginn, Edington, Moore & Wade, Inc. Gulfstream, Aerospace Corporation Hercules Incorporated Inter-Marine Shipping Lake Russell Authority Lockheed Corporation Lockheed Aeronautical Systems Company Mechanical Technology, Inc. Oglethorpe Power Corporation Outdoor Advertising Association of America Philip Morris U.S.A. Phillips Petroleum Company The Regan Group Rockwell International Corporation Tampa Maid Sea Products, Inc. Turner Broadcasting Systems, Inc. Watkins Associated Industries, Inc. Watkins Motor Lines Wilwat Properties, Inc. 505. Rita Evans Georgia Baptist Medical Center 300 Boulevard NE Atlanta, Georgia 30312 (404)653-4744 Mental Health Association of Metro Atlanta Mental Health Association of Georgia League of Women Voters Georgia Coalition for Preventive Health Services for Women MONDAY, JANUARY 14, 1991 63 506. Jeffrey M. Corrigan 970 Lindridge Drive NE Atlanta, Georgia 30324 (404)239-9339 Georgia AIDS Coalition 507. Rev. Barry William Keaton 45 Misty Lane Bremen, Georgia 30110 (404)646-5491 Corinth Baptist Church Bremen, Ga. 30010 Emergency Medical Technicians of Georgia 508. Curtis T. Mines 141Pryor Street, Suite 10032 Atlanta, Georgia 30303 (404)730-8280 Chairman's Office, Fulton County Board of Commissioners 509. Russell W. Sewell 1500 Marquis Two Tower 285 Peachtree Center Ave. Atlanta, Georgia 30303 (404)527-4197 Long Aldridge & Norman Ashland Oil Company Atlanta Gas Light Georgia Bankers Association 510. Gordon Griffin 1500 Marquis Two Tower 285 Peachtree Center Ave. Atlanta, Georgia 30303 (404)527-4020 Long Aldridge & Norman Atlanta Gas Light Company Ashland Oil Company Georgia Bankers Association 511. John Ray 1500 Marquis Two Tower 285 Peachtree Center Avenue Atlanta, Georgia 30303 (404)527-4164 Long Aldridge & Norman Atlanta Gas Light Company Ashland Oil Company Georgia Bankers Association 512. Terry E. Hobbs 1200 Peachtree St. Rm. 5024, Promenade I Atlanta, Georgia 30309 (404)870-5920 AT&T 513. Connie L. Buckles 5734 Fulton Circle Norcross, Georgia 30093 (404)923-6868 Family Life Committee 514. Jerry L. Buckles 5734 Fulton Circle South Norcross, Georgia 30093 (404)923-6868 Family Life Committee 515. Louis Walker 57 Forsyth Street Suite 700 Atlanta, Georgia 30303 (404)584-7628 Paragon Productions, Inc. 516. Anthony McEachin 57 Forsyth Street Suite 700 Atlanta, Georgia 30303 (404)584-7628 Paragon Productions, Inc. 517. James S. Taylor, Jr. 6740 Shannon Parkway Suite 23 Union City, Georgia 30291 (404)306-0702 National Association of Independent Insurers 518. Marion Ealy, Jr. 431-A Flat Shoals Ave. SE Atlanta, Georgia 30316 (404)683-7113 Tebeso Farms, Ltd. Foster Farms, Inc. Georgia Operator's Self Insurance Group, Inc. Association of Transportation Managers of Atlanta London Taxi Drivers Association 519. C. L. Neil Parker 5525 Oak Grove Drive Acworth, Georgia 30101 (404)974-8401 Georgia Pest Control Association 520. Robert M. Russell Box 787 Decatur, Georgia 30031 (404)378-0008 Georgia Pest Control Association 64 JOURNAL OF THE SENATE 521. Valera B. Jessee One Executive Concourse Suite 103 Duluth, Georgia 30136 (404)476-0827 Georgia Pest Control Association 522. Ralph H. Sanford 969 Old Cedartown Road Rockmart, Georgia 30153 (404)684-7781 Georgia Pest Control Association 523. Michael A. Warren 137 B North 85 Pkwy. Fayetteville, Georgia 30214 (404)460-9853 Georgia Pest Control Association 524. Mary Frances Williams 1105 West Peachtree St. Atlanta, Georgia 30309 (404)853-2811 Families First, Inc. 525. Quinn Hudson 245 Peachtree Center Avenue Suite 1500 Atlanta, Georgia 30302 (404)688-6720 Trevcam, Inc. Hardin Construction Company AAA Auto Club South Fireside Log Homes 526. W. Patrick McMullan 5045 Roxburgh Drive Roswell, Georgia 30076 (404)475-7983 Georgia Right to Life--Project Common Sense 527. Gerald N. Brunson 4940 Windhaven Court Dunwoody, Georgia 30338 (404)396-7113 Merck Sharp & Dohme 528. Joel E. Harrell 185 Spring Street Atlanta, Georgia 30303 (404)529-1935 Norfolk Southern Corporation 529. Richard A. Ray 501 Pulliam Street, S.W. Suite 549 Atlanta, Georgia 30312 (404)525-2793 Georgia State AFL-CIO 530. Thomas A. Bauer 100 Edgewood Avenue, N.E. #1000 Atlanta, Georgia 30303 (404)527-7568 Georgia Occupational Therapy Association Georgia Pest Control Association Georgia Clinical Electrologists Georgia Electrology Association Georgia Association of Physician Assistants United Way of Metro Atlanta 531. Jason Bourne P.O. Box 888577 Dunwoody, Georgia 30356 (404)417-8777 Roswell Mortgage Services Inc. ABT Insurance Services, Inc. Committee to Elect Next Governor of Ga 1994 532. Donald G. Gregory II 331 Holt Road Marietta, Georgia 30030 (404)977-0049 Public Assistance Coalition 533. Dr. John A. Hulsey, Jr. 615 D Oak Street Gainesville, Georgia 30501-3507 (404)287-7721 Georgia Association of Retired Teachers Association, Inc. 534. Clint Day 4725 Peachtree Corners Circle Suite 300 Norcross, Georgia 30092 (404)446-1500 Georgia Right to Life--Project Common Sense Georgia Family Council 535. Michael Axon 374 Maynard Terrace, S.E. #202 Atlanta, Georgia 30316 (404)377-8924 Atlanta Labor Council Atlanta Federation of Teachers Georgia Federation of Teachers AFL-CIO 536. Ms. Edith A. Eberhart 3905 McGill Drive Decatur, Georgia 30034 (404)987-9663 Georgia Women's Political Caucus MONDAY, JANUARY 14, 1991 65 537. Michael Wardrip Post Office Box 1670 Lilburn, Georgia 30226 (404)921-5389 Sierra Club Georgia Chapter 538. Gary Parker 315 W. Ponce de Leon Avenue Suite 808 Decatur, Georgia 30030 (404)370-1500 Parker & Holmes, Inc. 539. Dianne Rogers 1436 Westboro Dr., S.W. Atlanta, Georgia 30310 (404)752-7200 Transportation Communications Int'l Union 540. Susan Saleska 2199 Bull Run Court Marietta, Georgia 30062 (404)977-0277 Georgia Head Injury Association Georgia Tire Dealers Assoc. Soap and Detergent Association Georgia Coalition for Health Assoc. Ins. Risk Pool Georgia Coalition Persons with Development Disabilities 541. John Poole 233 Peachtree St. Suite 200 Atlanta, Georgia 30303-2705 (404)223-2287 Georgia Self Insurers Association Business Council of Georgia 542. Roy L. Yancy 215 Lakewood Way SE Suite 106 Atlanta, Georgia 30315 (404)622-1194 Southside Council for Jobs, Inc. 543. Amy Barnes 120 Ralph McGill Blvd. Ste. 1605 Atlanta, Georgia 30308 (404)892-8135 Georgia Council of Public Libraries Georgia Library Association Georgia Library Media Association Georgia Council on Child Abuse Visiting Nurse Association Area Health Education Centers School Social Workers Association of Georgia Georgia Society of Respiratory Care Foreign Language Association of Georgia 544. James B. Glanton 8374 Creekridge Circle Riverdale, Georgia 30296 (404)471-4410 Georgia Coalition for Traditional Family Values 545. Charles R. Keith 7088 Babbling Brook Drive Jonesboro, Georgia 30236 (404)961-0058 Christian Coalition Georgians for Traditional Family Values 546. John P. Devlin 3698 Charlotte Drive Rex, Georgia 30273 (404)474-3840 Christian Coalition Georgians for Traditional Family Values 547. Lorene G. Weddle 2784 Ellenwood Road Ellenwood, Georgia 30049 (404)366-8980 Christian Coalition Georgians for Traditional Family Values 548. Mary C. Hickey P. 0. Box 8551 Atlanta, Georgia 30306 (404)607-7959 Georgians for Choice Political Committee 549. Gary W. Black 242 Ag. Bldg., Capitol Sq. Atlanta, Georgia 30334 (404)656-3698 Georgia Agribusiness Council 66 JOURNAL OF THE SENATE 550. Grace Adams 242 Agriculture Building Atlanta, Georgia 30334 (404)656-3698 Georgia Agribusiness Council 551. Albert F. Collins Post Office Box 93345 Atlanta, Georgia 30318 (404)588-7141 Citizens for Safe Government, Inc. 552. John C. Magnan 431 West 9th Street Louisville, Georgia 30434 (912)625-3283 Professional Association of Georgia Educators 553 Theresa Ann Sipe 537 Lakeshore Dr. Berkley Lake, Georgia 30136-3035 (404)447-4731 American College of Nurse-Midwives, Georgia Chapter 554. Joseph A. Sports JSA, Inc. & Multistate Assoc. 21 Finch Trail Atlanta, Georgia 30308 (404)873-3728 United Consumers Club Truck Renting & Leasing Assoc. Mineral Insulation Manufacturers Assoc. Nutrasweet Company Monsanto Company Searle Pearle Health Services Georgia OB/GYN Society Superior Court Clerks' Assoc. of Ga. Car/Truck Rental Leasing Assoc. National Vehicle Leasing Assoc. Assoc. of Physical Fitness Centers AFF Chemical Division, Inc. Interactive Learning Systems Joseph E. Seagram & Sons, Inc. Smokeless Tobacco Council Western Surety Company TRW, Inc. 555. Ken Fuller P.O. Box 6063 Rome, Georgia 30161 (404)295-1300 Alamo Rent-A-Car Fuller & McKay, Attorneys 556. Willie G. Davis, Jr. P.O. Box 310734 Atlanta, Georgia 30331 (404)344-9336 Young Democrats of Fulton County W.G. Davis and Associates 557. Betty Groepper 100 Edgewood Suite 1010 Atlanta, Georgia 30303 (404)522-8683 League of Women Voters of Georgia, Inc. 558. Donald T. Browne 2 Peachtree Street M.C. 700 Atlanta, Georgia 30383 (404)332-5009 First National Bank of Atlanta First Atlanta Corporation First Wachovia Corporation 559. Albion H. Golden 4242 Glenda Drive College Park, Georgia 30337 (404)766-8447 Georgia Alliance for the Mentally 111 Mental Health Association of Georgia 560. Lucy Cabot-Smethurst 1144 Evergreen Drive N.E. Atlanta, Georgia 30319 (404)843-1395 The Georgia Conservancy, Inc. 561. Judith A. Janus 6666 Powers Ferry Road Suite 260 Atlanta, Georgia 30339 (404)984-9704 Georgia Association of Home Health Agencies, Inc. 562. Debbie L. Rooks 1847 Peeler Road Suite A Dunwoody, Georgia 30338 (404)636-7539 Georgia Vocational Association 563. James R. Bell 6334 Ansley Circle Lithia Springs, Georgia 30057 (404)739-1870 National Organization for the Reform of Marijuana Laws (NORML) MONDAY, JANUARY 14, 1991 67 564. Lou Litchfield 1160-E Grimes Bridge Rd. Roswell, Georgia 30075 (404)640-7066 Jet Toney and Associates Georgia Automobile Dealers Association Monty Veazey & Associates Medical Association of Georgia 565 Jerry Hill P.O. Box 5077 Atlanta, Georgia 30302 (404)512-6852 Amoco Corporation 566. Douglas B. Anthony P.O. Box 1102 Thomaston, Georgia 30286 (404)647-2345 Contel 567. Linda Stephens 5645 Dupree Dr. Atlanta, Georgia 30327 (404)843-1893 Georgia Occupational Therapy Association 568. Thomas Charles Diederich 2170 Piedmont Rd., N. E. Atlanta, Georgia 30324 (404)888-2874 Orkin Pest Control Company National Pest Control Association Professional Lawncare Association of America 569. James B. Allgood P.O. Box 891 Dublin, Georgia 31040 (912)272-6271 Georgia Pest Control Association 570. James W. Strong 3607 Roxboro Road, N.E. Atlanta, Georgia 30326 (404)237-7261 Pulton County Grand Jurors Association 571. Larry D. Lloyd 6666 Powers Ferry Road Suite 100 Atlanta, Georgia 30339 (404)956-0691 Central Health Services, Inc. 572. Lyn Hunt P.O. Box 633 Madison, Georgia 30650 (404)342-2767 Georgia Citizens for the Arts 573 Ruth Bracewell 611 N. Main Street Madison, Georgia 30650 (404)342-4959 Georgia Citizens for the Arts 574. Judith Rhea Cox Post Office Box 550168 Atlanta, Georgia 30355 (404)373-4356 Georgians for Common Sense Family Concerns Georgia Right to Life 575 Annette B. Johnson P.O. Box 60 Clinchfield, Georgia 31013 (912)987-9588 Citizen for Traditional Values 576. Gloria M. Lowery 803 Carey Street Perry, Georgia 31069 (912)987-0121 Citizens for Traditional Values 577. Bobbi Jo Stanfill 285 Mayson Avenue Atlanta, Georgia 30307 (404)373-4356 Family Concerns, Inc. 578. Karen Poe 285 Mayson Avenue Atlanta, Georgia 30307 (404)373-4356 Family Concerns, Inc. 579. Jayde W. Daniel 285 Mayson Avenue N.E. Atlanta, Georgia 30307 (404)373-4356 Family Concerns, Inc. 580. Donna Kay Rodgers 990 Longleaf Drive Forest Park, Georgia 30050 (404)366-8872 Family Concern Georgia Right to Life 68 JOURNAL OF THE SENATE 581. Martha (Tish) Beall 2454 Briarmoor Road Atlanta, Georgia 30345 (404)934-9975 Family Concerns Georgia Right to Life 582. Brenda H. Lunsford 2844 Talisman Ct. Atlanta, Georgia 30345 (404)939-4553 Family Concerns Georgia Right to Life 583. Bonnie Rae Voss 507 Pine Lake Drive Gumming, Georgia 30130 (404)887-0984 Family Concerns 584. Jeannie B. Golson 103 Summerchase Cove Woodstock, Georgia 30188 (404)591-3988 Family Concerns 585. Charlotte Czekala 955 McFarland/400 Blvd. Alpharetta, Georgia 30201 (404)442-3360 Right to Life Family Concerns 586. Kelle Diaddigo 670 Jackson View Road Suwanee, Georgia 30174 (404)822-0859 Family Concerns, Inc. Mortgage Bankers Association 587. Daniel C. Diaddigo 670 Jackson View Road Suwanee, Georgia 30174 (404)564-2462 Family Concerns, Inc. Mortgage Bankers of America 588. Ann S. Rotroff 8307 Creekridge Circle Riverdale, Georgia 30296 (404)471-1282 Clayton County Children's Legislative Action Committee 589. Rev. O.J. Kinard 20 Milliard St. S.E. Atlanta, Georgia 30312 (404)688-8949 Step Forward Inc. Labor/Substance Abuse/Long Term 590. Bonnie D. Winfrey, A.A.H.C.C. P.O. Box 82324 Hapeville, Georgia 30354 (404)768-4072 Bradley Method of Natural Childbirth 591. Edmund C. Martin 9690 Lee Circle Gainesville, Georgia 30506 (404)887-7941 Georgia School Food Association Georgia Association of School Superintendents 592. Trip Martin 210 Moccasin Hollow Duluth, Georgia 30136 (404)448-5244 Browning Ferris Industries Texaco Mead Corporation 593. Billy J. Baron 2901 Piedmont Road Atlanta, Georgia 30305 (404)231-9450 ABC Home Health Services, Inc. 594. Melvin T. Steely West Georgia College History Department Carrollton, Georgia 30118 (404)836-6508 American Association of University Professors 595. Donna Kay McLaurin 2357 Henderson Mill Road #2 Atlanta, Georgia 30345 (404)939-7169 Georgia Check Cashiers Association 596. Peter Miles Leifermann 429 Moreland Avenue NE Atlanta, Georgia 30307 (404)521-3731 Georgia Environmental Project 597. Oria Kunin 429 Moreland Avenue NE Atlanta, Georgia 30307 (404)521-3731 Georgia Environmental Project 598. Marie Kinnie 429 Moreland Avenue NE Atlanta, Georgia 30307 (404)521-3731 Georgia Environmental Project MONDAY, JANUARY 14, 1991 69 599. Michael Sellner 429 Moreland Avenue NE Atlanta, Georgia 30307 (404)521-3731 Georgia Environmental Project 600. Charlton H. Bonham 429 Moreland Avenue NE Atlanta, Georgia 30307 (404)521-3731 Georgia Environmental Project 601. Daphne Durham 429 Moreland Avenue NE Atlanta, Georgia 30307 (404)521-3731 Georgia Environmental Project 602. Jacquie Hundley 429 Moreland Avenue NE Atlanta, Georgia 30307 (404)521-3731 Georgia Environmental Project 603. Hollis Doherty 429 Moreland Avenue NE Atlanta, Georgia 30307 (404)521-3731 Georgia Environmental Project 604. Carmen C. Smith 3000 Atkinson Road SW Loganville, Georgia 30249 (404)589-4301 Georgia Dietetic Association, Inc. 605. Bob Short 1456 Stratfield Circle Atlanta, Georgia 30319 (404)261-7016 Hospital Corporation of America Health Trust, Inc. Scientific Games QSP, Inc. Ethanol Corporation Ga. Alliance Interior Design Professionals Ga. Nuismatic Assn. 606. Julianna McConnell 151 Ellis Street Suite 422 Atlanta, Georgia 30174 (404)659-3430 Georgia Electric Membership Corporation 607. Curtis R. Glenda 34 Peachtree St. Suite 2180 Atlanta, Georgia 30303 (404)588-0708 Georgia Alliance for Children, Inc. 608. Robert G. Reynolds 1851 Ram Runway No. 104 College Park, Georgia 30337 (404)761-3150 Association for Retarded Citizens, Georgia 609. Terry Murphy 326-C North Slappey Blvd. Albany, Georgia 31707 (912)439-8826 Association of Georgia Driver Improvement Clinics 610. Jefferson T. Tucker 5035 Vermack Road Dunwoody, Georgia 30384 (404)396-6914 Student Coalition Against Rampant Intoxicated Drivers 611. Steven L. Levetan 3340 Peachtree Street Suite 1700 Atlanta, Georgia 30326 (404)262-1453 Georgia Association of Recycling Industries Southeast Paper Manufacturing Company Southeastern Chapter, Institute of Scrap Recycling Industries Rock-Tenn Co. 612. Mary M. Boyert P.O. Box 81474 Atlanta, Georgia 30366 (404)454-7612 Georgia Right to Life Committee, Inc. 613. Jim Morrison P.O. Box 1194 Darien, Georgia 31305 (912)437-6092 Georgia Game and Fish Federation 614. Ellen B. Coody 3700 B Market Street Clarkston, Georgia 30021 (404)292-7243 Professional Association of Georgia Educators 70 JOURNAL OF THE SENATE 615. Jerry L. McCollum 1936 Iris Drive Suite G Conyers, Georgia 30207 (404)929-3350 Georgia Wildlife Federation 616. David Swann P.O. Box 7313 Atlanta, Georgia 30357 (404)873-3003 Specialty Products, Inc. D. S. Jerome Productions, Inc. 617. Jere T. Thorne 151 Ellis Street, Georgia EMC Atlanta, Georgia 30303 (404)659-3430 Georgia Electric Membership Corp. 618. Jim Hammock 2480 Mt. Wilkinson Parkway Suite 110 Atlanta, Georgia 30339 (404)435-7400 Humana Vulcan Materials Co., Inc. Anheuser-Busch Companies, Inc. Tobacco Institute, The Georgia Association of Rehabilitation Facilities 619. Timothy L. Kibler 2840 Mt. Wilkinson Parkway Suite 110 Atlanta, Georgia 30339 (404)435-7400 Anheuser Busch Company Humana Hospitals Vulcan Materials, Inc. The Tobacco Institute 620. B. Keith Melton 230 Peachtree Street, N.W. Suite 1650 Atlanta, Georgia 30303 (404)658-6082 Atlanta Economic Development Corporation (AEDC) 621. Joseph C. Barto, LtC Ret. P.O. Box 47984 Atlanta, Georgia 30362 (404)512-7516 Georgia Retired Officers Association Georgia Federal Military Coalition 622. Mary J. White 55 Trinity Avenue City Hall, Suite 2400 Atlanta, Georgia 30334 (404)330-6100 City of Atlanta 623. Gene W. Sanford 55 Trinity Avenue City Hall, Suite 2400 Atlanta, Georgia 30334 (404)330-6098 City of Atlanta 624- Cynthia O. Carter 55 Trinity Avenue City Hall, Suite 2400 Atlanta, Georgia 30334 (404)330-6100 City of Atlanta 625 - James R. Turner 616 Carlton Drive Augusta, Georgia 30909 (404)736-2949 Educational Secretaries Office Personnel 626. Amy Reed 1075 Spring St., N. W. Atlanta, Georgia 30309 (404)872-2467 Georgia Press Association 627. Bonita P. Murdock Route 2, Box 788 Forsyth, Georgia 31029 (912)994-4621 Georgia Dental Hygienists' Association g28. Harold B. Mincey 3516 Covington Highway Decatur, Georgia 30032 (404)296-5553 Communications Workers of America 629 David Lee Prather 279 Logan Street, S.E. Atlanta, Georgia 30312 (404)688-1256 Communications Workers of America 630. Lauren "Bubba" McDonald 1487 Peeler Road Atlanta, Georgia 30356 (404)393-0239 Georgians for Better Transportation MONDAY, JANUARY 14, 1991 71 631. Shannon Staley 3650 Habersham Road NW Suite 102 Atlanta, Georgia 30305 (404)261-0612 Georgians for a Lottery Referendum 632. Frank M. Deaver Post Office Box 4418 Atlanta, Georgia 30302 (404)588-7373 Trust Company Bank 633. Terry D. Lawler 400 Perimeter Center Terraces Atlanta, Georgia 30346 (404)668-6341 MCI Telecommunications 634. Eva K. Folse 113 Avalon Drive Warner Robins, Georgia 31093 (912)922-0002 Houston County Taxpayers Association, Inc. Mothers Against Drunk Drivers 635. Sue Ella Deadwyler 4168 Rue Antoinette Stone Mountain, Georgia 30083 (404)294-4919 Georgia Insight 636. John A. Blackmon 2400 First Atlanta Tower Atlanta, Georgia 30383 (404)656-1800 Ida Cason Callaway Foundation American Society of Composers and Publishers Georgia Tax Compliance Committee Georgia Retailers Association Georgia Pharmaceutical Association Citicorp and its Affiliates Georgia Hospitality and Travel Association Atlanta Convention and Visitors Bureau Georgia Automobile Dealers Association 637. David Tidmore 114 S. Commerce Street Summerville, Georgia 30747 (404)857-6998 Tidmore Computer Company Georgia County Welfare Association 638. J.P. Harrington, Jr. 39 S. Peachtree Street Norcross, Georgia 30071 (404)447-5696 Professional Insurance Agents of Georgia 639. Heywood C. Gay 3111 Shadow Walk Lane Tucker, Georgia 30084 (404)723-0223 Georgia Association of Personal Care Homes Georgia Pawnbrokers Association American Massage Therapists Association MLQ Courier Professional Insurance Agents of Georgia 640. Rechelle Garmany 229 Peachtree Street NE Suite 2102 Atlanta, Georgia 30303 (404)688-3330 Constantine & Associates 641. Daniel P. Starnes 100 Edgewood Avenue Suite 1008 Atlanta, Georgia 30303 (404)527-7565 Council for Children, Inc. 642. Ronald Scharback 100 Edgewood Ave. N.E. Suite 730 Atlanta, Georgia 30303 (404)527-7565 Council for Children, Inc. 643. Larry Pellegrini 1041 Canal Street Decatur, Georgia 30032 (440)286-4705 Georgia Privacy Coalition 644. Catheren M. Woolard 120 Mead Road Decatur, Georgia 30030 (404)373-6330 Georgia Privacy Coalition 72 JOURNAL OF THE SENATE 645. Jet Toney P.O. Box 1488 Decatur, Georgia 30031 (404)979-9144 Association of Private Colleges and Universities in Georgia Georgia Dental Hygienists Association Georgia Press Association Conoco Oil Marathon Oil Cornerstone Public Affairs Georgia Trial Lawyers Association 646. John R. Delk 895 Chippendale Lane Norcross, Georgia 30093 (404)279-9046 Georgia Right to Life--Project Common Sense 647. Gretchen L. Simpson 1399 Walton Way Augusta, Georgia 30904 (404)722-0738 Richmond County Association of Educators Georgia Association of Educators 648. Lee Richardson P.O.Box 2356 Smyrna, Georgia 30081 (404)438-8442 Georgia Motorcyclists Political Action Committee American Bikers Active Towards Education of Ga., Inc. 649. Augustus P. Goddard 1585 St. John Avenue Marietta, Georgia 30067 (404)578-4998 Privatization of Georgia Georgians for Effective Health Care Senator Garner of the 30th moved that the Senate recess from 11:50 o'clock A.M. until 2:00 o'clock P.M., the hour for the Joint Session of the Senate and House called for the purpose of inaugurating Honorable Zell Miller as Governor and Honorable Pierre Howard as Lieutenant Governor, and that, upon dissolution of the Joint Session, the Senate stand ad journed until 10:00 o'clock A.M. tomorrow; the motion prevailed. The hour for convening the Joint Session of the Senate and House under the provisions of HR 4 having arrived, the President Pro Tempore, accompanied by the Secretary and the Senators, proceeded to the Alexander Memorial Coliseum at the Georgia Institute of Tech nology in Atlanta, Georgia, where the Joint Session, called for the purpose of inaugurating Honorable Zell Miller as Governor and Honorable Pierre Howard as Lieutenant Governor, was called to order by Honorable Thomas B. Murphy, Speaker of the House of Representatives The inaugural program was as follows: Inaugural Program January 14, 1991 Alexander Memorial Coliseum, Georgia Institute of Technology, Atlanta, Georgia 2:00 p.m. BAND SELECTIONS............................... Parris Island Marine Corps Band JOINT SESSION.................. call to order by The Honorable Thomas B. Murphy, Speaker, House of Representatives POSTING OF THE COLORS (Please Stand) ........................................ ........................................ The Sixth Marine Corps District Color Guard THE NATIONAL ANTHEM ........................ Parris Island Marine Corps Band INVOCATION ....... The Reverend Don Harp RECOGNITION OF STATE OFFICIALS AND DISTINGUISHED GUESTS ........... ................................................. The Honorable Thomas B. Murphy BATTLE HYMN OF THE REPUBLIC ............................... Zelda Kennedy MONDAY, JANUARY 14, 1991 73 DELIVERY OF GREAT SEAL OF GEORGIA TO GOVERNOR ...................... ....................................................... The Honorable Max Cleland Secretary of State ADMINISTRATION OF OATH OF OFFICE TO GOVERNOR-ELECT ................ ...................................................... The Honorable Harold Clarke Chief Justice, Supreme Court of Georgia HONORS--19 GUN SALUTE .......................... Georgia Army National Guard DELIVERY OF GREAT SEAL OF GEORGIA TO SECRETARY OF STATE ............................................................... Governor Zell Miller INAUGURAL ADDRESS ....................................... Governor Zell Miller ADMINISTRATION OF OATH OF OFFICE TO LIEUTENANT GOVERNOR-ELECT .................................................... The Honorable Charles Weltner Associate Justice, Supreme Court of Georgia ADDRESS ....................................... Lieutenant Governor Pierre Howard RETIRING OF THE COLORS (Please Stand) ....................................... ........................................ The Sixth Marine Corps District Color Guard BENEDICTION ................................... The Reverend Timothy McDonald DISSOLUTION OF JOINT SESSION .............. Lieutenant Governor Pierre Howard 3:30 p. m. After taking the oath of office from the Honorable Harold Clarke, Chief Justice, Su preme Court of Georgia, His Excellency, Governor Zell Miller addressed the Joint Session of the Senate and House of Representatives as follows: Like 78 other Georgians before me, five of whom honor us with their presence today, I have now taken a solemn oath of office as Governor of this state. The succession of demo cratic government in Georgia reaches back across two centuries. So in the first place, this is a day for tradition, a celebration of freedom conserved, sustained, expanded and passed on from generation to generation. That journey of freedom is not finished; the progress we have made was not always easy. And the history of the struggle is not some relic of the past, but the challenge and hope of our future. For each memory also points to the miles we still have to travel. In the 18th Century, James Edward Oglethorpe dreamed of establishing a colony in the New World where free and equal men could build new lives for themselves and their families. Today we know that dream must include women as well as men. In the 19th Century, Henry W. Grady dreamed of a New South where there would be a hundred homes for every one plantation. Today, we know that dream must reach to the homeless as well as the mid dle class. And in the 20th Century Martin Luther King, Jr. dreamed "that one day on the red clay hills of Georgia the sons of slaves and the sons of former slave owners will be able to sit down together at the table of brotherhood." And today, we must keep alive that dream of the only son of Georgia ever to be honored with the Nobel Peace Prize. Across this country, clouds of racial prejudice and division are gathering again. Here in this state it is our special duty to reject racism. One of Dr. King's apostles -- and my friend -- Andrew Young made more history last year as a candidate for governor. And Georgia took another giant step toward racial harmony by conducting a campaign 74 JOURNAL OF THE SENATE remarkably free from racial resentment. We will not be divided in this state Black against White. Sadly, that is an undeniable part of our past -- but it is not and must not be any part of our future. And the future is the essence of this inaugural day. We draw strength from our heritage, but we set our course to the horizon ahead. We are entering a time of change -- not only a change of Administrations, but a profound change in the pattern of Georgia life and the way our people make a living. The traditional cornerstones of our economy were cheap energy, farming and manufacturing. And while farms and factories will always be a real and special part of Georgia, our survival and success in the new economy will be determined not only by the productivity of our land, but by the productivity of our people; not only by the horsepower of our machin ery, but the brainpower of our workers. Our future prosperity depends not just on strong backs, but on strong minds. Georgia faces a choice: We can plow new ground -- or we can let the weeds grow. So rather than resist change, we Georgians welcome it. Indeed, let us become a catalyst for change. Let this new Administration begin a new era of imagination and innovation; effort and growth. The driving force, the engine of the Georgia that can be, is found in the first three words of the Federal Constitution I have just sworn to uphold: "We, the people." And our fundamental directive can be found in the Georgia Constitution: "All govern ment, of right, originates with the people, is founded on their will only. Public officers are the trustees and servants of the people." That is government at its best, and that is the kind of Governor I will strive to be. And so we dedicate this Administration to the family farmer who plants his own crops and bails his own hay. To the small businesswoman who stays open late and calls her customers by their first name. To the bold entrepreneur who has built a better mousetrap or smaller microchip. We dedicate this Administration to the senior citizen who opens her utility bill fearing that she will be forced to choose between being cold or being hungry -- and to the young family just starting out, struggling to afford day care now and save for college later. Listen to me: It is to every family that works and saves and sometimes comes up a little short at the end of the month that this Administration is dedicated. So what shall we do now with the power--and the responsibility? We, the People, have the right -- if we so choose -- to fund bold, new education initia tives through a Georgia lottery devoted to our schools. We, the People, have the right to reach for the finest public schools in the history of this state -- or anywhere in this nation. In building a world-class school system, we will follow the advice of a part-time Geor gian named Franklin D. Roosevelt, who once said: "Try something. If it works, try more of it. If it doesn't work, try something else. But for God's sake, try something." The central purpose of the Miller Administration will be to prepare Georgia for the 21st Century. Education is the most important part of that purpose. Without it, nothing else can save us. With it, nothing else can stop us. We, the People, must advance on other fronts as well. Our government must be made leaner and cleaner, more open and more responsive. Our environment must be preserved from those who would trade our children's health and our fragile Earth for a quick buck. MONDAY, JANUARY 14, 1991 75 Our streets and neighborhoods must be better protected against the rising tide of crime and drugs. Something is wrong when families hide behind home security bars because criminals are released from behind maximum security bars. Our working families must be given relief from skyrocketing insurance rates, inadequate highways, and regressive taxes on the very food they eat. We must do all this and more to strive, to seek, to find the Georgia that can be. It is certain that our journey will not be completed in the limited time the people of Georgia have put this public servant in office. Nor will it be completed in the limited time the Lord has put His humble servant on Earth. But we take heart from the ancient Hebrew text: "The day is short, the work is great. It is not thy duty to complete the work. Neither art thou free to desist from it." And so today, we take the first step of a thousand-mile journey. We launch a new Ad ministration -- and we look to a new century. By empowering our citizens, educating our children, building our prosperity, saving our environment, fighting crime, and demanding a government that works as hard as our people do, we will march toward the Georgia that can be A Georgia in which a little boy from a remote and impoverished mountain valley or a little girl in a dirty and dangerous urban slum can have his or her chance for greatness. A Georgia in which all of us have the opportunity to seek our destiny, seize that shining moment, and climb as far as strength and wit and perseverance will carry us; never to be blocked by barriers of race or barricades of region, or gender or class. By harnessing the two most powerful forces on Earth -- an educated people and an unshakable faith -- let us turn now to the task of leading Georgia. And then let Georgia lead the nation into the 21st Century. God bless you, and God bless Georgia. After being sworn in as Lieutenant Governor by the Honorable Charles Weltner, Asso ciate Justice, Supreme Court of Georgia, Lieutenant Governor Pierre Howard addressed the Joint Session of the Senate and House of Representatives as follows: Governor and Mrs. Miller, Governor and Mrs. Harris, Speaker Murphy, Members of the General Assembly, Mr. Chief Justice and Justices of the Supreme Court, distinguished con stitutional officers, other platform guests, my fellow Georgians: Thirty years ago, President John F. Kennedy, who had promised new leadership to the nation, spoke these words at his inauguration: "We observe today not a victory of party but a celebration of freedom, symbolizing an end as well as a beginning; and signifying renewal as well as change. . ." His words speak forcefully and prophetically to us today about the meaning of this occasion. Because we stand now where we stood then "on the edge of a new frontier". The frontier of the 1990's. It is a frontier of unfilled hopes and unfilled dreams. A frontier of unparalleled opportunity and challenge. This day marks a renewal of our dedication to the best traditions of our past. But it also marks the beginning of a new era of leadership for Georgia. It is leadership that is committed to progressive change in state government. It is leadership that is not mired in the politics of the past, but committed to the polit ics of inclusion for all Georgians. It is leadership that is determined to chart a new course of excellence into the future for our state. 76 JOURNAL OF THE SENATE It is leadership that is unified by a steadfast resolve to remove the dark shadow of "the other Georgia"--the Georgia which feels left behind and forgotten by the prosperous Geor gia. It is leadership committed to providing for that "other Georgia" the educational oppor tunities, access to transportation, health care and jobs that will make the two Georgias one Georgia so that all Georgians may share in our prosperity. I am proud to be a partner in this new leadership with a son of Georgia's mountains who is the right man at the right time to be our Governor, Zell Bryan Miller of Towns County. I pledge to him my wholehearted support and my whole-hearted cooperation as Lieu tenant Governor. I will work with him in the same spirit in which he worked with Governor George Busbee and our distinguished outgoing Governor Joe Frank Harris. I likewise pledge to Speaker Tom Murphy and the members of the House of Represent atives of which my father was a member, that the Georgia Senate, and I as Lieutenant Governor will work with them in a spirit of harmony and mutual respect to move Georgia forward. Because I recognize that government alone cannot and should not try to provide the answer to every problem on the public agenda, I will encourage a partnership with the busi ness community to meet the challenges which lie before us. If the public sector and the private sector will work together in Georgia, no goal is beyond our reach. And if you doubt what I say, remember the 1996 Olympic Games. As we enter a new political era, Georgia is in many ways a shining star in the galaxy of states. We have achieved world status in being chosen as the site for the 1996 Olympic Games. We are among the fastest growing states in the union. We have abundant and undepleted natural resources. We have a strong business climate. Our people are imbued with a strong work ethic, a deep religious tradition and a com mitment to enhance the opportunities and quality of life for their children. We are justifiably proud of who we are and what we are. But we cannot permit that pride to blind us to the serious problems which confront us. It was, after all, a recognition of those problems and of our great potential to solve them with progressive leadership which motivated my quest for this office. I serve notice here and now to friend and foe alike that I intend to keep the faith with those hundreds of thousands of Georgians whose support made my victory possible. I accept their mandate to be an advocate for those in the dawn of life--the children. Those in the twilight of life--the elderly. And those in the shadows of life--the handicapped, the men tally ill, the mentally retarded and the disadvantaged. I will be their advocate in the Capitol and you can depend on it. As a candidate, I said that I trusted the women of Georgia to choose, and as Lieutenant Governor I will use the full power of my office to protect that right--and you can depend on it. Furthermore, we will act to reduce the number of abortions by reducing teen pregnancies in Georgia--and you can depend on that too! As a candidate, I stood in a stream and promised to protect Georgia's environment from polluters, and as Lieutenant Governor I will use the full power of my office to do just that--and you can depend on it! As a candidate, I promised to be an advocate for our elderly citizens who built this state, and as Lieutenant Governor I will use the full power of my office to protect our eld erly citizens from neglect, abuse, fear and poverty--and you can depend on it! As a candidate, I said I was sick and tired of mediocrity in education, and as Lieutenant MONDAY, JANUARY 14, 1991 77 Governor I will lead the fight along with our heroic educators for excellence in education by attacking the dropout rate with early intervention programs, by lowering the pupil/teacher ratio in the early grades, by putting counsellors in the schools and yes, by attacking the paperwork burden so that teachers can spend more time teaching and less time filling out papers--and you can depend on it! As a candidate, I deplored the plight of many Georgia children. Too many die at a rate higher than in some countries of the third world. Too many still suffer from abuse, neglect, lack of medical care and inadequate housing. The time has come to dry the tears of Geor gia's children and as Lieutenant Governor I will lead the fight for them at the State Capi tol--and you can depend on it! As a candidate, I travelled the highways and byways of rural Georgia and I saw the housing projects and homeless shelters of our cities. I saw for myself that we do have two Georgias; one prosperous, the other struggling against economic stagnation. As Lieutenant Governor I will work with Governor Miller to develop an urban policy for our cities and a rural development policy for rural Georgia to make the two Georgias one Georgia--a pros perous Georgia which will be the economic envy of the nation and the world. I am going to be a Lieutenant Governor for all of Georgia--and you can depend on it! As a candidate, I pledged to open the processes of the Senate even more to blacks, women and senators of both parties, and that is exactly what I have already done and that is exactly what I will continue to do and I'm proud of it! As a candidate, I promised to get our fellow Georgians off of welfare by giving them job training and work experience through the Peach Program, and as Lieutenant Governor, I will push to see that welfare recipients have the opportunity to escape the welfare trap by becoming productive citizens--and you can depend on it! As a candidate, I promised to fight the early release of violent criminals and I promised to push for drug and alcohol treatment for addicted inmates, while at the same time provid ing treatment for drug addicted youth. As Lieutenant Governor I will join with Governor Miller to make our streets and roads and neighborhoods safe for law-abiding citizens--and you can depend on it! These have been the commitments of my long service in the Senate, and these will continue to be my commitments to the Georgia people. I will devote all of my energy to assure that the power of the office which I hold is used to make a difference for Georgia. My fellow Georgians, the Bible tells us that where there is no vision, the people perish. I say to you today that I have a dream and a vision for our state--a dream and a vision in which Georgia will lead and not follow, a dream and a vision in which every Georgia child has the opportunity to develop his or her God-given talents fully; a dream and a vision in which the strong are just, the weak secure, and harmony among our people is preserved. The realization of that dream and that vision is a great challenge for us all. But I believe that Georgians will rise to meet that challenge as they always have. The marble statute of my great-great-grandfather, U.S. Senator Ben Hill, stands outside the doors of my office at the state capitol. It will serve as a constant reminder of what I owe to the great leaders of this state who have gone before and of the responsibility that I have as one of the keepers of their legacy. The daily hugs of love and approval from our young children--Christopher and Caro line--will serve as a constant reminder of what I owe to them and to the future of every Georgia child. As I serve in this office, may I always be grateful to the many Georgians whose efforts and support brought me to this office and may I never forget the spiritual foundations of our great country--and our great state. 78 JOURNAL OF THE SENATE May I never forget the biblical injunction that "unless the Lord keepeth the city the watchman waketh but in vain". And so, my fellow Georgians, as we go forth from this place to lead this state we love we ask His blessing and His help knowing that here on Earth God's work must surely be our own. [Paraphrased from President Kennedy.] Senator Garner of the 30th moved that the Joint Session be now dissolved, and the motion prevailed. Lieutenant Governor Howard, President of the Senate, announced the Joint Session dissolved. Pursuant to the provisions of a previously adopted motion, the Senate stood adjourned until 10:00 o'clock A.M. tomorrow. TUESDAY, JANUARY 15, 1991 79 Senate Chamber, Atlanta, Georgia Tuesday, January 15, 1991 Second Legislative Day The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by Lieutenant Governor Pierre Howard, President of the Senate. 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 bills and resolutions of the Senate were introduced, read the first time and referred to committees: SB 1. By Senator Shumake of the 39th: A bill to amend Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to the parent and child relationship generally, so as to provide that a surrogate parentage contract entered into for compensation is void and unen forceable; to provide definitions; to provide a penalty; to provide that a surrogate parentage contract in which no consideration is given is unenforceable; to provide for custody of the child. Referred to Committee on Judiciary. SB 2. By Senator Shumake of the 39th: A bill to amend Chapter 9 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Building Authority, so as to authorize the Georgia Build ing Authority to operate and maintain cruise vessels on the coastal waters of this state or navigable waters within any county bordering the coast of this state; to permit gambling and gambling devices on such cruise vessels, provided that such gambling is approved by the voters of any affected county in a referendum election. Referred to Committee on Finance and Public Utilities. SB 3. By Senator Shumake of the 39th: A bill to amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to provide that no autopsy shall be performed without the consent of the deceased person's family unless the cause of death is medically unexplained and otherwise indeterminable. Referred to Committee on Judiciary. SB 4. By Senator Shumake of the 39th: A bill to amend Article 2A of Chapter 5 of Title 21 of the Official Code of Geor gia Annotated, relating to contributions to candidates for state-wide office or the General Assembly, so as to limit the amount of contributions which persons, cor porations, political committees, and other entities may contribute to candidates for public office; to provide for definitions; to provide for related matters; to pro vide for an effective date and applicability. Referred to Committee on Special Judiciary. 80 JOURNAL OF THE SENATE SB 5. By Senator Shumake of the 39th: A bill to amend Code Section 20-2-506 of the Official Code of Georgia Annotated, relating to the authority of county, independent, and area school systems to enter into multiyear lease, purchase, or lease purchase contracts, so as to provide that such contracts shall be approved in a referendum as indebtedness if the total amount of indebtedness incurred exceeds $1 million; to provide for related matters; to provide an effective date. Referred to Committee on Urban and County Affairs (General). SB 6. By Senator Shumake of the 39th: A bill to amend Code Section 36-60-13 of the Official Code of Georgia Annotated, relating to the authority of a county or municipality to enter into a multiyear lease, purchase, or lease purchase contract, so as to provide that such contract shall be approved in a referendum as indebtedness; to provide an effective date. Referred to Committee on Urban and County Affairs (General). SB 7. By Senator Shumake of the 39th: A bill to amend Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to aid to families with dependent children, so as to require school attendance as a condition of eligibility for assistance; to provide for the release of school enrollment and attendance records. Referred to Committee on Health and Human Services. SB 8. By Senator Shumake of the 39th: A bill to amend Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Student Finance Authority, so as to enact the "Georgia Insurance and Educational Reinvestment Act for Aid to Fam ilies with Dependent Children"; to authorize the authority to act as a self-insurer for the purpose of providing death benefits and disability benefits. Referred to Committee on Higher Education. SB 9. By Senator Shumake of the 39th: A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to require every promoter of a musical performance to disclose whether the lead vocals will be lip synched; to require notice on all tickets and in all advertisements of lip synched perform ances; to provide the form of the notice; to provide definitions; to provide for penalties. Referred to Committee on Consumer Affairs. SB 10. By Senator Shumake of the 39th: A bill to amend Chapter 34 of Title 36 of the Official Code of Georgia Annotated, relating to the powers of municipal corporations, so as to provide that a munici pal water company may not deny supply to a property owner because of the arrears of a former owner, occupant, or lessee; to require water companies to keep identifying information on any user. Referred to Committee on Finance and Public Utilities. SB 11. By Senator Shumake of the 39th: A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to prohibit merchants from TUESDAY, JANUARY 15, 1991 81 retaining certain credit card and driver's license information provided in connec tion with a check; to provide a definition; to provide a penalty. Referred to Committee on Banking and Financial Institutions. SB 12. By Senator Shumake of the 39th: A bill to amend Article 1 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to general provisions relative to public assistance, so as to require banks to cash public assistance checks. Referred to Committee on Banking and Financial Institutions. SB 13. By Senator Shumake of the 39th: A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to require retailers to accept any denomi nation of United States currency from the public as payment for goods or ser vices; to provide a penalty; to provide a definition. Referred to Committee on Banking and Financial Institutions. SB 14. By Senator Shumake of the 39th: A bill to amend Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation, so as to provide for reorganization of certain offices; to provide for procedures relative to bids made by disadvantaged business enterprises. Referred to Committee on Transportation. SB 15. By Senator Shumake of the 39th: A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to require local governments to notify residents of any planned military practice maneuvers within residential areas at least 72 hours in advance of such maneuvers. Referred to Committee on Defense and Veterans Affairs. SB 16. By Senator Kidd of the 25th: A bill to amend Part 2 of Article 4 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to claims against the state or its departments or agencies, so as to change the procedures applicable to the processing of claims against the state; to authorize the introduction of compensation resolutions in the Senate; to change the provisions relating to hearings of the Claims Advisory Board. Referred to Committee on Governmental Operations. SB 17. By Senator Kidd of the 25th: A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to change the provisions relating to the accumulation and utilization of sick leave; to repeal certain provisions relating to disapproval of sick leave and proce dures for contesting disapproval. Referred to Committee on Governmental Operations. SB 18. By Senator Kidd of the 25th: A bill to amend Article 2A of Chapter 5 of Title 21 of the Official Code of Geor gia Annotated, relating to contributions to candidates for state-wide office or the 82 JOURNAL OF THE SENATE General Assembly, so as to provide that such article shall apply to all elected public officers; to provide for a definition; to provide an effective date. Referred to Committee on Governmental Operations. SB 19. By Senator Kidd of the 25th: A bill to amend Code Section 19-6-15 of the Official Code of Georgia Annotated, relating to child support in final verdict or decree, so as to change the provisions relating to the computation of the child support award; to define certain terms; to change the provisions relating to special circumstances to be considered in determining the amount of the child support award. Referred to Committee on Judiciary. SB 20. By Senator Kidd of the 25th: A bill to amend Code Section 21-5-31 of the Official Code of Georgia Annotated, relating to disclosure requirements of certain persons accepting contributions or making expenditures on behalf of candidates, so as to provide that political ac tion committees shall be subject to the same disclosure requirements as a candi date; to provide an effective date. Referred to Committee on Governmental Operations. SB 21. By Senator Kidd of the 25th: A bill to amend Part 1 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding dangerous instru mentalities and practices, so as to make it unlawful for any person to display, handle, or use any kind of reptile in connection with any religious service or gathering; to provide a penalty. Referred to Committee on Special Judiciary. SB 22. By Senator Kidd of the 25th: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the regulation of campaign literature under the "Ethics in Government Act"; to provide for identification requirements; to re quire certain authorization for the endorsing, circulating, or publishing of cam paign material; to repeal Code Sections 21-2-415 and 21-3-322, relating to identi fication requirements of certain campaign literature. Referred to Committee on Governmental Operations. SB 23. By Senator Kidd of the 25th: A bill to amend Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to conflicts of interest, so as to authorize officers and employ ees of the state to engage in political activities under certain conditions. Referred to Committee on Governmental Operations. SB 24. By Senator Kidd of the 25th: A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to provide for on-call pay on weekends; to provide for cash payments when the funds are available for such purpose. Referred to Committee on Governmental Operations. SB 25. By Senator Kidd of the 25th: A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Elections Code," so as to provide that certain nomination petitions TUESDAY, JANUARY 15, 1991 83 and petitions to qualify political bodies to nominate certain candidates by con vention shall consist of cards each of which shall contain only one signature; to provide for information to be contained on such cards; to provide for procedures with respect to the foregoing. Referred to Committee on Governmental Operations. SB 26. By Senator Alien of the 2nd: A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to number of judges of superior courts, so as to provide for a sixth judge of the Superior Court of the Eastern Judicial Circuit of Georgia; to provide for the appointment of such additional judge by the Governor. Referred to Committee on Judiciary. SB 27. By Senator Alien of the 2nd: A bill to amend an Act providing for the appointment of the clerk of the State Court of Chatham County by a majority vote of the judges of the superior courts of the Eastern Judicial Circuit and the judges of said state court so as to provide for a term of office for said clerk. Referred to Committee on Urban and County Affairs. SB 28. By Senator Thompson of the 33rd: A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation or rates, underwriting rules, and related organizations, so as to require an insurer to publish notice of a rate filing in a newspaper of general circulation in each county in which its affected policyholders reside; to provide for the form and content of such notice; to authorize the Commissioner of Insurance to demand verification of compliance with such notice requirements. Referred to Committee on Insurance and Labor. SB 29. By Senator Thompson of the 33rd: A bill to amend Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to criminal trial proceedings, so as to change the provisions regarding closed circuit television testimony by certain children who are victims of certain crimes; to provide an effective date. Referred to Committee on Youth, Aging and Human Ecology. SB 30. By Senator Thompson of the 33rd: A bill to amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to the Environmental Protection Division of the Department of Natural Resources, so as to provide for a director of the division who shall be both ap pointed and removed by the commissioner of natural resources subject to ap proval by the Governor; to provide for the qualifications of the director; to delete provisions relating to an assistant director. Referred to Committee on Natural Resources. SB 31. By Senator Thompson of the 33rd: A bill to amend Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, the "Georgia Student Finance Authority Act," so as to pro vide for a new full-tuition scholarship program for certain students who attend state institutions of higher education; to provide for definitions; to provide for eligibility; to provide for administration and funding. Referred to Committee on Higher Education. 84 JOURNAL OF THE SENATE SB 32. By Senators Newbill of the 56th, Foster of the 50th, Collins of the 17th and others: A bill to amend Code Section 20-2-154 of the Official Code of Georgia Annotated, relating to remedial education programs, so as to change the eligibility require ments for such programs. Referred to Committee on Education. SB 33. By Senators Kidd of the 25th and Garner of the 30th: A bill to amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to require coroners and deputy coroners to take an annual training course approved by the Georgia Coroner's Training Council; to provide that under certain conditions the Georgia Coroner's Training Council may waive such training for a coroner or deputy coroner during any given year. Referred to Committee on Governmental Operations. SB 34. By Senators Turner of the 8th, Thompson of the 33rd, Broun of the 46th and others: A bill to amend Code Section 7-1-745 of the Official Code of Georgia Annotated, relating to the powers of business development corporations, so as to repeal the requirement that the corporation not approve any loan application unless the applicant has been refused a loan by at least two other financial institutions; to provide for applicability. Referred to Committee on Banking and Financial Institutions. SB 35. By Senators Turner of the 8th, Thompson of the 33rd, Broun of the 46th 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 change the definition of eligible persons and families; to change and clarify certain powers of the authority; to increase the single-family bonding cap; to pro vide an effective date. Referred to Committee on Banking and Financial Institutions. SB 36. By Senator English of the 21st: A bill to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to provide for the inspection of poultry and poultry products; to provide for a short title; to provide for definitions; to provide for federal and state cooperation. Referred to Committee on Agriculture. SB 37. By Senators Perry of the 7th, Coleman of the 1st, Echols of the 6th and others: A bill to amend Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, the "Georgia Student Finance Authority Act," so as to pro vide for a new full-tuition scholarship program for certain students who attend state institutions of higher education; to provide for definitions; to provide for eligibility; to provide for administration and funding. Referred to Committee on Higher Education. SB 38. By Senator Broun of the 46th: A bill to amend Article 1 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions concerning the Georgia Bureau of In vestigation, so as to provide that the Georgia Bureau of Investigation, with the approval of the Attorney General, may conduct investigations of alleged viola- TUESDAY, JANUARY 15, 1991 85 tions of law committed by a local law enforcement agency or sheriffs office or any law enforcement officers thereof. Referred to Committed on Judiciary. SB 39. By Senators Turner of the 8th, Deal of the 49th, Broun of the 46th and others: A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," so as to prohibit merchants from requiring a purchaser's telephone number as a condi tion of purchase when payment for the transaction is made by credit card. Referred to Committee on Banking and Financial Institutions. SB 40. By Senator Egan of the 40th: A bill to amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to the Environmental Protection Division of the Department of Natural Resources generally, so as to provide that the director of the division shall be appointed and removed by the Board of Natural Resources subject to approval of the Governor; to provide that the commissioner of natural resources shall not serve as director of the division. Referred to Committee on Natural Resources. SB 41. By Senator Egan of the 40th: A bill to amend Article 1 of Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to probate of domestic wills, so as to provide that a will lost during the testator's lifetime may be probated in the same manner as a copy of a will which has been lost or destroyed subsequent to the death of the testator is allowed to be probated; to provide for related matters; to provide an effective date. Referred to Committee on Judiciary. SB 42. By Senator Egan of the 40th: A bill to amend Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, the "Revenue Bond Law," so as to allow for the validation of a maxi mum interest rate and a maximum annual principal and interest payment; to provide an effective date. Referred to Committee on Finance and Public Utilities. SB 43. By Senator Egan of the 40th: A bill to provide for the determination of the millage rate by the governing au thorities of Fulton County, the City of Atlanta, any municipality wholly or par tially located in Fulton County, the school systems of Fulton County, the City of Atlanta, and any other municipalities wholly or partially located in Fulton County, and any special tax district in Fulton County. Referred to Committee on Urban and County Affairs. SB 44. By Senator Thompson of the 33rd: A bill to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to the county board of tax assessors, so as to author ize the General Assembly, by local Act, to provide for the election of the county board of tax assessors in any county of this state. Referred to Committee on Urban and County Affairs (General). 86 JOURNAL OF THE SENATE SR 7. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may by law provide for a lottery or lotteries run by or on behalf of the state; to provide for payment of expenses and prizes; to provide for designation of net proceeds in the annual budget; to provide for certain constitu tional exceptions; to provide for the submission of this amendment for ratifica tion or rejection. Referred to Committee on Finance and Public Utilities. SR 10. By Senator Thompson of the 33rd: A resolution proposing an amendment to the Constitution so as to provide that each state agency shall be abolished after four years unless continued by law; to provide for certain initial extensions of time; to provide for a review and public hearings by the General Assembly to determine whether a public need exists for the continuation of the agency; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Governmental Operations. SR 11. By Senator Shumake of the 39th: A resolution proposing an amendment to the Constitution so as to provide that members of the General Assembly elected after January 1, 1992, shall serve no more than 12 years in office; to provide that years served need not be consecutive and that service in both houses shall be counted; to provide that time served by a member elected or appointed to serve less than a full term shall not be counted; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Judiciary. SR 12. By Senator Shumake of the 39th: A resolution creating the Governor's Commission on the Social Status of Black Males. Referred to Committee on Rules. SR 13. By Senator Kidd of the 25th: A resolution proposing an amendment to the Constitution so as to provide that bills for raising or reducing revenue may originate in either house of the General Assembly; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Finance and Public Utilities. SR 14. By Senator Kidd of the 25th: A resolution related to random drug testing of certain state employees. Referred to Committee on Judiciary. SR 15. By Senator Kidd of the 25th: A resolution designating the 441 By-Pass Highway around the City of Eatonton as the J. P. Marshall By-Pass. Referred to Committee on Transportation. TUESDAY, JANUARY 15, 1991 87 SR 16. By Senator Shumake of the 39th: A resolution proposing an amendment to the Constitution so as to provide that the Governor shall serve one six-year term of office; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Judiciary. SR 17. By Senator Shumake of the 39th: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for gambling on cruise vessels within the waters of this state; to authorize the General Assembly to define and provide for the regu lation of such gambling on cruise vessels; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Finance and Public Utilities. SR 18. By Senator Kidd of the 25th: A resolution relating to overtime pay for state employees. Referred to Committee on Governmental Operations. SR 19. By Senator Kidd of the 25th: A resolution urging the United States Congress to adopt appropriate legislation which would require the states to use a portion of federal funds received for transportation purposes for the construction of trails for recreational and trans portation use. Referred to Committee on Natural Resources. SR 20. By Senator Alien of the 2nd: A resolution creating the Senate Obstetrics Study Committee. Referred to Committee on Rules. SR 21. By Senator Alien of the 2nd: A resolution creating the Grand Juries Study Committee. Referred to Committee on Rules. SR 22. By Senator Alien of the 2nd: A resolution creating the Chatham County Judicial Compensation Study Committee. Referred to Committee on Rules. SR 23. By Senators Kidd of the 25th, Ray of the 19th, Garner of the 30th and Hammill of the 3rd: A resolution relating to hiring freezes, layoffs, or furloughs involving state employees. Referred to Committee on Rules. SR 24. By Senators Kidd of the 25th, Ragan of the 10th and Hammill of the 3rd: A resolution creating the Joint Legislative Overview Committee on State Govern ment and providing for the powers and duties of such committee. Referred to Committee on Rules. 88 JOURNAL OF THE SENATE SR 25. By Senator Kidd of the 25th: A resolution relative to the conversion of abandoned railroad rights of way into trails for public use. Referred to Committee on Transportation. SR 29. By Senators Broun of the 46th, Starr of the 44th, Taylor of the 12th and others: A resolution creating the Senate Postsecondary Vocational Education Labora tory, Equipment, and Library Research Needs Study Committee. Referred to Committee on Rules. SR 30. By Senators Broun of the 46th and Starr of the 44th: A resolution creating the University System Laboratory, Equipment, Rehabilita tion Technology, and Eminent Scholars Endowment Study Committee. Referred to Committee on Rules. The President called for the morning roll call, and the following Senators answered to their names: Albert Alien Baldwin Bishop Broun Clay CCoollleimnsan Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Henson HHiulgl gins Kidd Langford Marable Moye Newbill Perdue Perry Phillips Pollard Ramsey Ray Scott SShtaurmr ake ^0t,em. b, erg Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not answering were Senators: Bowen Hooks (excused) Johnson Olmstead Ragan of 10th Ragan of 32nd Robinson (excused) Tate Taylor (excused) Lieutenant Governor Howard introduced the chaplain of the day, Reverend Cameron Alexander, pastor of Antioch Baptist Church North, Atlanta, Georgia, who offered scripture reading and prayer. Senator Egan of the 40th introduced the doctor of the day, Dr. Joy A. Maxey, of At lanta, Georgia. The President announced the appointment of the following Standing Committees for the 1991-92 Term: English of 21st, Chairman Ragan of 10th, Vice Chairman Hasty of 51st, Secretary AGRICULTURE Deal of 49th Foster of 50th TUESDAY, JANUARY 15, 1991 89 APPROPRIATIONS Johnson of 47th, Chairman Starr of 44th, Vice Chairman Tate of 38th, Secretary Alien of 2nd Baldwin of 29th Bishop of 15th Bowen of 13th Broun of 46th Coleman of 1st Dawkins of 45th (Ex Officio) Deal of 49th (Ex Offlcio) Dean of 31st Echols of 6th English of 21st Foster of 50th Garner of 30th Gillis of 20th Hammill of 3rd Harris of 27th Hill of 4th Hooks of 14th Olmstead of 26th Ragan of 32nd Ramsey of 54th Ray of 19th Steinberg of 42nd Taylor of 12th Thompson of 33rd Timmons of llth Turner of 8th Tysinger of 41st Walker of 22nd Continuation Subcommittee Johnson of 47th, Chairman Gillis of 20th, Vice Chairman Alien of 2nd Baldwin of 29th Bowen of 13th Broun of 46th Coleman of 1st Dawkins of 45th Deal of 49th Dean of 31st Foster of 50th Garner of 30th Starr of 44th Steinberg of 42nd Tate of 38th Thompson of 33rd Turner of 8th Tysinger of 41st Walker of 22nd Corrections & Gen. Govt. Subcommittee Ramsey of 54th, Chairman Baldwin of 29th Bowen of 13th Garner of 30th Ray of 19th Turner of 8th Human Development Subcommittee Walker of 22nd, Chairman Alien of 2nd Harris of 27th Olmstead of 26th Steinberg of 42nd Thompson of 33rd Bishop of 15th, Chairman Dawkins of 45th Foster of 50th K-12 Subcommittee Hill of 4th Starr of 44th Tate of 38th Natural Resources & Economic Development Subcommittee Hooks of 14th, Chairman Coleman of 1st Dean of 31st Echols of 6th English of 21st Gillis of 20th 90 JOURNAL OF THE SENATE VoTech & Higher Education Subcommittee Timmons of llth, Chairman Broun of 46th Hammill of 3rd Ragan of 32nd Taylor of 12th Tysinger of 41st BANKING AND FINANCIAL INSTITUTIONS Turner of 8th, Chairman Clay of 37th, Vice Chairman Henson of 55th, Secretary Albert of 23rd Broun of 46th Coleman of 1st Echols of 6th Egan of 40th Perdue of 18th Perry of 7th Phillips of 9th Ragan of 32nd Robinson of 16th Thompson of 33rd Walker of 43rd Langford of 35th, Chairman Albert of 23rd, Vice Chairman Shumake of 39th, Secretary CONSUMER AFFAIRS Olmstead of 26th White of 48th Regulated Beverages Subcommittee Shumake of 39th, Chairman Albert of 23rd Langford of 35th Olmstead of 26th White of 48th Ray of 19th, Chairman Perry of 7th, Vice Chairman Foster of 50th, Secretary Alien of 2nd Hill of 4th CORRECTIONS Kidd of 25th Langford of 35th Moye of 34th Newbill of 56th Shumake of 39th Penal & Correctional Inst. Subcommittee Perry of 7th, Chairman Alien of 2nd Kidd of 25th Langford of 35th Shumake of 39th Probation, Pardons & Paroles Subcommittee Hill of 4th, Chairman Foster of 50th Moye of 34th Newbill of 56th DEFENSE & VETERANS AFFAIRS Perry of 7th, Chairman Phillips of 9th, Vice Chairman Ray of 19th, Secretary English of 21st White of 48th ECONOMIC DEVELOPMENT & TOURISM Broun of 46th, Chairman Moye of 34th, Vice Chairman Perdue of 18th, Secretary Collins of 17th Gillis of 20th Harris of 27th Marable of 52nd TUESDAY, JANUARY 15, 1991 91 Moye of 34th, Chairman Marable of 52nd Cultural Affairs Subcommittee Perdue of 18th Small Business & Tourism Subcommittee Harris of 27th, Chairman Collins of 17th Gillis of 20th Foster of 50th, Chairman Tate of 38th, Vice Chairman Bishop of 15th, Secretary Burton of 5th Collins of 17th Hasty of 51st Marable of 52nd EDUCATION Newbill of 56th Ragan of 10th Ray of 19th Scott of 36th Starr of 44th Timmons of llth Primary & Secondary Subcommittee Marable of 52nd, Chairman Bishop of 15th Newbill of 56th Ray of 19th Starr of 44th Tate of 38th Vocational & Technical Subcommittee Ragan of 10th, Chairman Hasty of 51st Scott of 36th Timmons of llth FINANCE & PUBLIC UTILITIES Starr of 44th, Chairman Egan of 40th, Vice Chairman Baldwin of 29th, Secretary Dawkins of 45th Garner of 30th Gillis of 20th Johnson of 47th Newbill of 56th Perdue of 18th Ramsey of 54th Turner of 8th Tysinger of 41st Walker of 22nd Regulated Utilities Subcommittee Tysinger of 41st, Chairman Gillis of 20th Newbill of 56th Perdue of 18th Walker of 22nd Dawkins of 45th, Chairman Baldwin of 29th Egan of 40th Taxation Subcommittee Garner of 30th Johnson of 47th Ramsey of 54th Turner of 8th GOVERNMENTAL OPERATIONS Kidd of 25th, Chairman Shumake of 39th, Vice Chairman Burton of 5th, Secretary Albert of 23rd Collins of 17th Garner of 30th Langford of 35th Moye of 34th Olmstead of 26th Walker of 43rd 92 JOURNAL OF THE SENATE Governmental Organization Subcommittee Moye of 34th, Chairman Albert of 23rd Langford of 35th Olmstead of 26th Walker of 43rd Merit System Subcommittee Shumake of 39th, Chairman Burton of 5th Collins of 17th Garner of 30th HEALTH AND HUMAN SERVICES Olmstead of 26th, Chairman Walker of 22nd, Vice Chairman Hooks of 14th, Secretary Albert of 23rd Alien of 2nd Coleman of 1st Edge of 28th Kidd of 25th Ragan of 10th Ragan of 32nd Ramsey of 54th Health Care Facilities and Professions Subcommittee Walker of 22nd, Chairman Edge of 28th Hooks of 14th Ragan of 10th Ramsey of 54th Mental Health, Mental Retardation & Substance Abuse Subcommittee Albert of 23rd, Chairman Alien of 2nd Coleman of 1st Kidd of 25th Ragan of 32nd HIGHER EDUCATION Hammill of 3rd, Chairman Ramsey of 54th, Vice Chairman Broun of 46th, Secretary Clay of 37th Perdue of 18th Scott of 36th Taylor of 12th Tysinger of 41st Science & Technology Subcommittee Tysinger of 41st, Chairman Clay of 37th Ramsey of 54th Taylor of 12th Broun of 46th, Chairman Hammill of 3rd University System Subcommittee Perdue of 18th Scott of 36th INSURANCE AND LABOR Pollard of 24th, Chairman Newbill of 56th, Vice Chairman Hasty of 51st, Secretary Clay of 37th Robinson of 16th Taylor of 12th Tysinger of 41st Walker of 22nd INTERSTATE COOPERATION Timmons of llth, Chairman English of 21st, Vice Chairman Perry of 7th, Secretary White of 48th TUESDAY, JANUARY 15, 1991 93 Baldwin of 29th, Chairman Alien of 2nd, Vice Chairman Egan of 40th, Secretary Bishop of 15th JUDICIARY Clay of 37th Deal of 49th Johnson of 47th Steinberg of 42nd NATURAL RESOURCES Gillis of 20th, Chairman Echols of 6th, Vice Chairman Hammill of 3rd, Secretary Bowen of 13th Dean of 31st Edge of 28th Egan of 40th Henson of 55th Hill of 4th Hooks of 14th Huggins of 53rd Perry of 7th Steinberg of 42nd Environmental Protection Subcommittee Hooks of 14th, Chairman Edge of 28th Egan of 40th Hammill of 3rd Henson of 55th Hill of 4th Steinberg of 42nd Perry of 7th, Chairman Bowen of 13th Dean of 31st Game, Fish & Parks Subcommittee Echols of 6th Huggins of 53rd PUBLIC SAFETY Bowen of 13th, Chairman Timmons of llth, Vice Chairman Moye of 34th, Secretary Collins of 17th White of 48th Walker of 43rd, Chairman Deal of 49th, Vice Chairman Echols of 6th, Secretary Alien of 2nd Bishop of 15th Clay of 37th Dean of 31st Garner of 30th Gillis of 20th REAPPORTIONMENT Hooks of 14th Johnson of 47th Kidd of 25th Phillips of 9th Ramsey of 54th Starr of 44th Steinberg of 42nd Tate of 38th Taylor of 12th Tate of 38th, Chairman Pollard of 24th, Vice Chairman Timmons of llth, Secretary RETIREMENT Burton of 5th Huggins of 53rd White of 48th 94 JOURNAL OF THE SENATE Dean of 31st, Chairman Baldwin of 29th, Vice Chairman Pollard of 24th, Secretary Dawkins of 45th (Ex Officio) Deal of 49th Edge of 28th Garner of 30th RULES Huggins of 53rd Johnson of 47th Kidd of 25th Phillips of 9th Robinson of 16th Starr of 44th Tate of 38th Kidd of 25th, Chairman Dean of 31st Garner of 30th Audit Subcommittee Phillips of 9th Starr of 44th Enrolling & Journals Subcommittee Huggins of 53rd, Chairman Pollard of 24th Robinson of 16th SPECIAL JUDICIARY Edge of 28th, Chairman Robinson of 16th, Vice Chairman Scott of 36th, Secretary Dawkins of 45th Henson of 55th Pollard of 24th Ragan of 32nd TRANSPORTATION Coleman of 1st, Chairman Thompson of 33rd, Vice Chairman Hill of 4th, Secretary Dean of 31st Echols of 6th English of 21st Harris of 27th Hasty of 51st Hooks of 14th Huggins of 53rd Marable of 52nd Taylor of 12th Huggins of 53rd, Chairman English of 21st Harris of 27th Hasty of 51st Highways Subcommittee Hooks of 14th Marable of 52nd Thompson of 33rd Echols of 6th, Chairman Dean of 31st State Ports Subcommittee Hill of 4th Taylor of 12th URBAN & COUNTY AFFAIRS Harris of 27th, Chairman Turner of 8th, Vice Chairman Bowen of 13th, Secretary Phillips of 9th Ragan of 10th Shumake of 39th Walker of 43rd Turner of 8th, Chairman Ragan of 10th Local Affairs Subcommittee Walker of 43rd TUESDAY, JANUARY 15, 1991 95 YOUTH, AGING AND HUMAN ECOLOGY Scott of 36th, Chairman Steinberg of 42nd, Vice Chairman Thompson of 33rd, Secretary Bishop of 15th Burton of 5th Hammill of 3rd Henson of 55th Langford of 35th Marable of 52nd Walker of 43rd Aging & Human Ecology Subcommittee Steinberg of 42nd, Chairman Bishop of 15th Hammill of 3rd Henson of 55th Marable of 52nd Children & Youth Subcommittee Thompson of 33rd, Chairman Burton of 5th Langford of 35th Walker of 43rd The following resolution of the Senate was read and adopted: SR 47. By Senator Kidd of the 25th: A resolution urging the erstwhile members of the House of Representatives who were elevated to membership in the Senate to leave behind the barbaric ways of the House and adopt the civilized ways of the Senate. Lieutenant Governor Howard briefly addressed the Senate, and introduced United States Senator Wyche Fowler, who briefly addressed the Senate. The following resolutions of the Senate and House were read and adopted: SR 26. By Senator Broun of the 46th: A resolution commending Mr. Charles Marc Freeman for his dedicated service in protecting his community from the dangers associated with fire and congratulat ing him as recipient of the Athens Rotary Club's Sherm Applebaum Award for Firefighter of the Year. SR 27. By Senator Broun of the 46th: A resolution commending Mr. James Jarratt Pryor for his dedicated service in protecting his community from the dangers associated with lawless conduct and congratulating him as recipient of the Athens Rotary Club's Sherm Applebaum Award for Law Enforcement Officer of the Year. SR 28. By Senator Broun of the 46th: A resolution commending the University of Georgia baseball team as the 1990 NCAA Division I National Champions. SR 34. By Senator Ray of the 19th: A resolution commending and congratulating Mr. Alan Bittaker on his invincible spirit and laudable achievements in the face of adversity. 96 JOURNAL OF THE SENATE SR 35. By Senator Ray of the 19th: A resolution commending Joe Louis Reliford. SR 37. By Senator Dean of the 31st: A resolution commending April Hembree. SR 38. By Senator Kidd of the 25th: A resolution commending Dee Cabaniss. SR 46. By Senator Bowen of the 13th: A resolution commending Kevin Hall. SR 48. By Senator Johnson of the 47th: A resolution commending Jason Pierce. SR 49. By Senator Johnson of the 47th: A resolution commending Jeffrey Pierce. SR 50. By Senator Hill of the 4th: A resolution commending Stephanie Shearouse. SR 51. By Senator Hill of the 4th: A resolution commending Kerry Williams. SR 52. By Senator Hill of the 4th: A resolution commending Amy Sheffield. SR 53. By Senator Hill of the 4th: A resolution commending J. J. Lee. HR 5. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th and others: A resolution calling a Joint Session of the House of Representatives and the Sen ate at 11:45 o'clock A.M. on Wednesday, January 16, 1991, for the purpose of hearing an address from his Excellency, Governor Zell Miller, at 12:00 o'clock Noon. The President appointed as a Committee of Escort on the part of the Senate the following: Senators Dawkins of the 45th, Taylor of the 12th, Robinson of the 16th, Walker of the 43rd, Langford of the 35th, Kidd of the 25th and Starr of the 44th. HR 6. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th and others: A resolution inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at a Joint Session of the House of Representa tives and the Senate at 11:45 o'clock A.M. on Wednesday, January 16, 1991, to hear an address by His Excellency, Governor Zell Miller. TUESDAY, JANUARY 15, 1991 97 HR 8. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th and others: A resolution calling a Joint Session of the House of Representatives and the Sen ate at 11:45 o'clock A.M. on Friday, January 18, 1991, for the purpose of hearing an address from His Excellency, Governor Zell Miller, at 12:00 o'clock Noon. The President appointed as a Committee of Escort on the part of the Senate the following: Senators Dawkins of the 45th, Taylor of the 12th, Robinson of the 16th, Walker of the 43rd, Langford of the 35th, Kidd of the 25th and Starr of the 44th. HR 9. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th and others: A resolution calling a Joint Session of the House of Representatives and the Sen ate at 10:45 o'clock A.M. on Monday, February 4, 1991, for the purpose of hear ing an address by the Honorable Harold G. Clarke, Chief Justice of the Supreme Court of Georgia at 11:00 o'clock A.M. The following resolution of the Senate was read and put upon its adoption: SR 9. By Senators Newbill of the 56th, White of the 48th, Phillips of the 9th and others: A resolution commending President Bush for his leadership and diplomacy re garding the Persian Gulf crisis. Senators Garner of the 30th, Gillis of the 20th, Kidd of the 25th and English of the 21st, offered the following substitute to SR 9: A RESOLUTION Commending President Bush for his leadership and diplomacy regarding the Persian Gulf crisis and commending the men and women of the armed forces of the United States for their courage and bravery; and for other purposes. WHEREAS, President Bush swiftly responded to Iraq's aggression against the sover eign state of Kuwait and quickly called for international support in condemning Iraq's viola tion of the fundamental rights of a nation state; and WHEREAS, President Bush and his resolute foreign policy administrators have mobil ized world opinion and multinational resources in support of their stern opposition to Iraq's occupation of Kuwait; and WHEREAS, President Bush has firmly stated that the U.S. objectives in our involve ment in the Persian Gulf crisis are the liberation of Kuwait, the defense of Saudi Arabia, and the establishment of a stable and secure Gulf; and WHEREAS, President Bush and his representatives have ably secured a strong and cohesive response from the United Nations which has set January 15, 1991, as the deadline for the removal of the Iraqi forces in Kuwait; and WHEREAS, the men and women of the armed forces of the United States who are serving in Operation Desert Shield have consistently displayed unyielding courage and de termination in the face of extreme hardship; and WHEREAS, at this ominous moment when the world sits perched for military conflict, a historic opportunity rests in the hands of the United Nations to exercise its global influ ence in securing the avoidance of war. NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that the members of 98 JOURNAL OF THE SENATE this body commend President Bush for his unflinching stance in demanding the total re moval of the Iraqi presence in Kuwait and his leadership throughout this international crisis. BE IT FURTHER RESOLVED that the members of this body commend the men and women of Operation Desert Shield for their unparalleled valor in the service of their country. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and di rected to transmit an appropriate copy of this resolution to President Bush. On the adoption of the substitute, the yeas were 49, nays 1, and the substitute was adopted. On the adoption of the resolution, Senator Newbill of the 56th called for the yeas and nays; the call was sustained, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Garner Gillis Hammill Harris Hasty Henson Clay Coleman Collins Deal Dean Echols Edge Egan English Foster Huggms Johnson Kidd Langford Marable Moye Newbill Olmstead Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Scott Shumake Starr ,,, . , Stemberg Tate Thompson Timmons Turner Tysinger Walker of 43rd White Those not voting were Senators: Dawkins Hooks (excused) Perdue Robinson (excused) Taylor (excused) Walker of 22nd On the adoption of the resolution, the yeas were 50, nays 0. The resolution, having received the requisite constitutional majority, was adopted by substitute. Senator Dean of the 31st asked unanimous consent to excuse Senators Taylor of the 12th, Hooks of the 14th and Robinson of the 16th from the Senate today in order that they could represent the Senate at the funeral of Representative Tommy Chambless's mother in Albany, Georgia. The consent was granted, and Senators Taylor of the 12th, Hooks of the 14th and Robinson of the 16th were excused from the Senate today. The following resolution of the Senate was read and put upon its adoption: SR 33. By Senators Deal of the 49th, Garner of the 30th and Dean of the 31st: TUESDAY, JANUARY 15, 1991 99 A RESOLUTION Amend SR 1 by striking on page 4, lines 19 through 25, which read as follows: "In addition to the standing committees created by this Rule, there shall be a Commit tee on Senate Administrative Affairs composed of the President of the Senate, the President Pro Tempore, the Minority Leader, the Secretary of the Senate, the Chairman of the Com mittee on Rules, and two (2) members of the Senate appointed by the President." and inserting in lieu thereof the following: "In addition to the standing committees created by this Rule, there shall be a Commit tee on Senate Administrative Affairs composed of the President of the Senate, the President Pro Tempore, the Secretary of the Senate, the Chairman of the Committee on Rules, and three (3) members of the Senate appointed by the President." On the adoption of the resolution, the yeas were 42, nays 1. The resolution, having received the requisite constitutional majority, was adopted. Senator Garner of the 30th moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed. At 12:10 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow. 100 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Wednesday, January 16, 1991 Third Legislative Day The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President. Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed. The following message was received from the House through Mr. Rivers, the Acting Clerk thereof: Mr. President: The House has adopted by the requisite constitutional majority the following resolu tions of the House: HR 53. By Representatives Jamieson of the llth and Dover of the llth: A resolution commending Tom Arrendale, Jr., and designating the Tom Arrendale, Jr., Intersection. HR 72. By Representatives Wilder of the 21st, Lord of the 107th, Clark of the 20th, Adams of the 79th, Hanner of the 131st and McKelvey of the 15th: A resolution expressing support for the men and women in the Georgia Army National Guard and Georgia Air National Guard; commending Major General Joseph W. Griffin; recognizing Major General Jerry D. Sanders. The House has adopted by the requisite constitutional majority the following resolu tions of the Senate: SR 5. By Senators Deal of the 49th, Garner of the 30th and Dean of the 31st: A resolution relative to adjournment by the General Assembly on January 18, 1991, and reconvening on January 28, 1991. SR 6. By Senators Broun of the 46th, Deal of the 49th, Garner of the 30th and others: A resolution calling a joint session of the House of Representatives and the Sen ate for the purpose of recognizing and honoring William Porter "Billy" Payne, Andrew Young, Ginger Watkins, Linda Stephenson, Doug Gatlin, Elizabeth Clement, Horace Sibley, Charlie Battle, Charlie Shaffer, Bobby Rearden, Peter Candler, Cindy Fowler, Morris Dillard, Jack Pinkerton, and Jim Davis for their special contributions in securing Atlanta's designation as the host city for the 1996 Olympic Games. The following bills and resolutions of the Senate were introduced, read the first time and referred to committees: SB 45. By Senator Kidd of the 25th: A bill 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 the provisions relating to the issuance of a license to carry a pistol or WEDNESDAY, JANUARY 16, 1991 101 revolver; to authorize the issuance of a license to certain residents of other states, territories, or foreign countries. Referred to Committee on Judiciary. SB 46. By Senator Kidd of the 25th: A bill to amend Article 2 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the creation, administration, and management of the as sets of the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide for an additional member on the Board of Commissioners of the Judges of the Probate Courts Retirement Fund of Georgia, which additional member shall be a member of the fund and a retired judge of the probate court. Referred to Committee on Governmental Operations. SB 47. By Senator Kidd of the 25th: A bill to amend Code Section 47-11-71 of the Official Code of Georgia Annotated, relating to the amount of retirement benefits and optional retirement benefits for members of the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide that any person who is receiving benefits from the fund on January 1, 1993, or who becomes entitled to receive benefits on or after January 1, 1993, shall be paid annual cost-of-living benefits under certain conditions; to provide for the calculation of such benefits. Referred to Committee on Retirement. SB 48. By Senator Kidd of the 25th: A bill to amend Article 1 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to the Department of Veterans Service, so as to provide that the appointment of the administrator of the Georgia War Veterans Nursing Home in Augusta, Georgia, and the director of the Georgia State War Veterans' Home in Milledgeville, Georgia, shall be subject to approval by the Veterans Ser vice Board. Referred to Committee on Defense and Veterans Affairs. SB 49. By Senator Kidd of the 25th: A bill to amend Code Section 28-5-21 of the Official Code of Georgia Annotated, relating to the selection and term of service of members of the Fiscal Affairs Subcommittee of the Senate and Fiscal Affairs Subcommittee of the House of Representatives, so as to change the manner of selecting members of the Fiscal Affairs Subcommittee of the Senate. Referred to Committee on Judiciary. SB 50. By Senator Kidd of the 25th: A bill to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to create the Joint Legislative Commission on Fu ture Strategies; to provide for the appointment of members and their terms of office and compensation; to provide for the powers and duties of said commission. Referred to Committee on Rules. SB 51. By Senators Deal of the 49th, Baldwin of the 29th, Edge of the 28th and Johnson of the 47th: A bill to amend the Official Code of Georgia Annotated, so as to revise and su persede Title 24, relating to evidence; to provide for general provisions relating to 102 JOURNAL OF THE SENATE the rules of evidence; to provide for a statement of purpose; to provide for con struction; to provide for definitions; to provide for applicability of the rules of evidence; to provide for rulings on evidence; to provide for preliminary questions. Referred to Committee on Judiciary. SB 52. By Senators Clay of the 37th, Newbill of the 56th, Thompson of the 33rd and others: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide that it shall be unlawful for any per son to possess an open container of an alcoholic beverage while operating a motor vehicle or while a passenger in a motor vehicle; to provide for a definition; to provide for exceptions; to provide for a penalty. Referred to Committee on Judiciary. SB 53. By Senator Phillips of the 9th: A bill 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 relating to the exemption of peace officers from certain prohibitions regarding the carrying of certain weapons and firearms; to provide for a statutory cross-reference; to provide an effective date. Referred to Committee on Special Judiciary. SB 54. By Senators Deal of the 49th and Garner of the 30th: A bill to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to compensation of certain state officials, so as to change provisions re lating to the reimbursable expense account of members of the General Assembly; to provide for additional documentation requirements for expense reimburse ment; to provide for related matters; to provide an effective date. Referred to Committee on Judiciary. SB 55. By Senator Deal of the 49th: A bill to amend Code Section 28-7-2 of the Official Code of Georgia Annotated, relating to registration with the Secretary of State of persons representing per sons or organizations before the General Assembly, so as to require persons rep resenting state departments, agencies, boards, commissions, or authorities to reg ister; to exempt such state officials from the registration fee. Referred to Committee on Judiciary. SB 56. By Senator Ramsey of the 54th: A bill to amend Code Section 48-5-161 of the Official Code of Georgia Annotated, relating to issues of execution and levy administration fees, so as to provide that a levy administration fee may include reasonable attorneys' fees and shall not be less than $150.00; to provide for related matters; to provide an effective date. Referred to Committee on Special Judiciary. SB 57. By Senator Ramsey of the 54th: A bill to amend Code Section 16-6-5.1 of the Official Code of Georgia Annotated, relating to sexual assault against a person in custody, so as to provide that a person commits sexual assault when he engages in sexual contact with another person who is a probationer under the state-wide probation system and such ac cused person has supervisory or disciplinary authority over such other person; to provide a penalty. Referred to Committee on Special Judiciary. WEDNESDAY, JANUARY 16, 1991 103 SB 58. By Senator Ramsey of the 54th: A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to define the offenses of feti cide by vehicle in the first degree and feticide by vehicle in the second degree; to provide penalties. Referred to Committee on Special Judiciary. SB 59. By Senators Collins of the 17th, Starr of the 44th, Edge of the 28th and Newbill of the 56th: A bill to amend Code Section 17-7-211 of the Official Code of Georgia Annotated, relating to the right of defendant to copies of written scientific reports which will be introduced in evidence, so as to provide that certain written scientific reports from the Georgia Bureau of Investigation shall be admissible as evidence of the truth of the test results, notwithstanding any objections on the grounds of hear say, authenticity, or foundation. Referred to Committee on Special Judiciary. SR 31. By Senator Kidd of the 25th: A resolution informing personnel offices of agencies and departments of the state regarding the rights of certain military personnel who are on ordered military duty. Referred to Committee on Defense and Veterans Affairs. SR 32. By Senator Kidd of the 25th: A resolution recognizing the month of May, 1991, as "Motorcycle Awareness and You Month" in Georgia. Referred to Committee on Public Safety. SR 36. By Senators Collins of the 17th, Foster of the 50th and Newbill of the 56th: A resolution commending the members and sponsors of the Georgia Chapters of the Future Homemakers of America/Home Economics Related Occupations (FHA/HERO) youth service organization and proclaiming February 7, 1991, as FHA/HERO Day at the state capitol. Referred to Committee on Governmental Operations. SR 39. By Senator Baldwin of the 29th: A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of an audio transmission cable in, on, over, under, upon, across, or through property owned by the State of Georgia in Troup County, Georgia; to provide an effective date. Referred to Committee on Finance and Public Utilities. SR 40. By Senators Thompson of the 33rd and Clay of the 37th: A resolution authorizing the grant of a nonexclusive easement for construction, operation, and maintenance of a water distribution system in, on, over, under, upon, across, or through property owned by the State of Georgia in Cobb County, Georgia; to provide an effective date. Referred to Committee on Finance and Public Utilities. SR 41. By Senators Hasty of the 51st and Ramsey of the 54th: A resolution authorizing the grant of a nonexclusive easement for construction, operation, and maintenance of a thoroughfare known as Abutment Road and 104 JOURNAL OF THE SENATE slope considerations thereto over property owned by the State of Georgia in Whitfield County, Georgia; to provide an effective date. Referred to Committee on Finance and Public Utilities. SR 42. By Senator Foster of the 50th: A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of an electrical power transmission line in, on, over, under, upon, across, or through property owned by the State of Georgia in Dawson County, Georgia; to provide an effective date. Referred to Committee on Finance and Public Utilities. SR 43. By Senator Dean of the 31st: A resolution creating the Senate Music Industry Committee, an interim study committee, and a citizens' advisory council thereto. Referred to Committee on Rules. SR 44. By Senator Timmons of the llth: A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of an underground audio transmission cable in, on, over, under, upon, across, or through property owned by the State of Georgia in Early County, Georgia; to provide an effective date. Referred to Committee on Finance and Public Utilities. SR 45. By Senator Timmons of the llth: A resolution authorizing the conveyance of certain state owned real property lo cated in Seminole County, Georgia; to provide an effective date. Referred to Committee on Finance and Public Utilities. SR 54. By Senators Tate of the 38th, Ramsey of the 54th and Bishop of the 15th: A resolution creating the Senate Study Committee on Noncertificated School Personnel. Referred to Committee on Rules. SR 55. By Senator Harris of the 27th: A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of an audio transmission cable in, on, over, under, upon, across, or through property owned by the State of Georgia in Monroe County, Georgia; to provide an effective date. Referred to Committee on Finance and Public Utilities. SR 56. By Senators Hill of the 4th and Phillips of the 9th: A resolution inviting Honorable George Bush, President of the United States, to attend the Southeast Georgia Veteran's Day Celebration. Referred to Committee on Defense and Veterans Affairs. SR 57. By Senators Newbill of the 56th, Kidd of the 25th, Gillis of the 20th and others: A resolution urging the Commissioner of Insurance of the State of Georgia to designate a senior citizens assistance officer for the Insurance Department. Referred to Committee on Insurance and Labor. WEDNESDAY, JANUARY 16, 1991 105 SR 59. By Senators Newbill of the 56th, Collins of the 17th, Echols of the 6th and others: A resolution creating the Joint Alternative Teacher Certification Study Committee. Referred to Committee on Rules. 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 resolution and bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SR 18. Do pass. SB 22. Do pass. SB 16. Do pass. SB 17. Do pass. oSBn ,18o. ^Do pass. SB 20. Do pass. O OD R &2O1. LDJyoj jo-JacLsoso, SB 24. Do pass. SB 25. Do pass. Respectfully submitted, Senator Kidd of the 25th District, Chairman The President called for the morning roll call, and the following Senators answered to their names: Albert Baldwin Bishop Bowen Broun Burton Xlay Coleman Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Deal Dean Echols Edge Egan English Foster Garner Kldd Langford Marable Moye Newbill Olmstead Perdue Perry Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not answering were Senators: Alien Phillips Shumake Steinberg Senator Perry of the 7th introduced the chaplain of the day, Dr. Rudolph Starling, pastor of First United Methodist Church, Homerville, Georgia, who offered scripture read ing and prayer. 106 JOURNAL OF THE SENATE The following communication from Lieutenant Governor Pierre Howard, President of the Senate, was read by the Secretary: Office of Lieutenant Governor 240 State Capitol Atlanta, Georgia 30334 January 14, 1991 Mr. Hamilton McWhorter, Jr. Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 Dear Hamilton: This letter will serve as notification that pursuant to Senate Resolution 1, below is a list of my appointments to the Senate Administrative Affairs Committee: 1. Senator Wayne Garner 2. Senator Horace Tate 3. Senator Jim Tysinger Please let me know if you need any other information. Sincerely, fa/ Pierre Howard The following resolutions of the Senate and House were read and adopted: SR 58. By Senators Newbill of the 56th and Deal of the 49th: A resolution commending Darron Wright. SR 61. By Senators Perry of the 7th, Deal of the 49th, Garner of the 30th and others: A resolution recognizing and expressing support for the members of the Georgia National Guard who are serving in Operation Desert Shield. SR 62. By Senator Walker of the 43rd: A resolution commending the New Birth Missionary Baptist Church. SR 63. By Senator Dean of the 31st: A resolution commending Coach Chuck Taylor and the Haralson County Com prehensive High School football team. HR 53. By Representatives Jamieson of the llth and Dover of the llth: A resolution commending Tom Arrendale, Jr., and designating the Tom Arrendale, Jr., Intersection. HR 72. By Representatives Wilder of the 21st, Lord of the 107th, Clark of the 20th (Post 3) and others: A resolution expressing support for the men and women in the Georgia Army National Guard and Georgia Air National Guard; commending Major General Joseph W. Griffin; recognizing Major General Jerry D. Sanders. Senator Garner of the 30th moved that the Senate recess from 10:37 o'clock A.M. until 11:45 o'clock A.M., the hour for the Joint Session of the Senate and House called for the purpose of hearing an address from His Excellency, Governor Zell Miller, at 12:00 o'clock WEDNESDAY, JANUARY 16, 1991 107 Noon, on the State of the State, and that the Senate stand adjourned immediately upon dissolution of the Joint Session until 10:00 o'clock A.M. tomorrow; the motion prevailed. The hour for convening the Joint Session of the Senate and House having arrived, the President, accompanied by the Secretary and the Senators, proceeded to the Hall of the House of Representatives, and the Joint Session called for the purpose of hearing an address from His Excellency, Governor Zell Miller, on the State of the State, was called to order by the President of the Senate, Lieutenant Governor Pierre Howard. HR 5, authorizing the Joint Session of the Senate and House, was read by the Acting Clerk of the House. His Excellency, Governor Zell Miller, addressed the Joint Session of the Senate and House of Representatives as follows: Mr. President, Mr. Speaker, members of the General Assembly of Georgia, distin guished guests, and my fellow Georgians: It is my honor and my duty under our Constitu tion to report to you on the state of our State. But I want not only to discuss with you where we stand today, but also to begin to chart the course we must sail together in order to reach the Georgia That Can Be. I have sat up here on this rostrum as your Lieutenant Governor, or out on the floor as a fellow legislator, and listened to six different Governors report on the State of the State. I am grateful for that perspective and for those years of preparation for the responsibility I now face. I have spent countless hours presiding over the State Senate, and I see many lifelong friends from the Senate here today. Your friendship and support give me confidence that we can complete the journey before us. I've also spent considerable time in this Chamber. Sometimes as the guest of the Speaker, sometimes as his adversary, sometimes as his student but always with great re spect. Respect not only for this strong leader, but also for the outstanding Members who are the heart and soul of the House. This will be a session of hard choices, hard thinking and hard work. It must also be a session marked by teamwork and mutual respect for the executive role and the legislative role. For my part, I shall do everything in my power to make this administration one of cooperation, not confrontation. Let us remember that the hopes and dreams of more than six million Georgians con verge under the Capitol dome in these 40 days we spend together. We must not hinder those hopes with political bickering, nor defer those dreams with political rifts. On Friday I will report to you in detail on our financial situation, setting before you the budget that I have worked on almost every day since the election. The plain hard fact is that we face a difficult financial situation. Virtually every state government in the nation faces the same or a much more serious situation. There are two overriding reasons, the national recession and the New Federalism. We have no crystal ball to tell me anything meaningful about the length or depth of the recession. But it is important that we all understand how the New Federalism has affected the financial condition of this state and every other state. You will recall that back in the 70s we as a nation felt that too much power had gravi tated to Washington, that federal regulation was becoming over-reaching and unworkable. Federal taxes were cut to stimulate the economy, and we fondly remember the economic boom of the 80s that followed. But under the New Federalism, the scope of many federal programs and their costs were not truly curtailed. They were simply shifted to the states. In the past ten years the level of federal support through grants to state and local government went down 38 percent! Because we were in an economic boom, we did not give much attention to the shift of 108 JOURNAL OF THE SENATE financial responsibility. Picking up the cost of programs as federal support was cut was not a great burden in those heady economic times. But now the upward spiral of state revenues has ground to a halt. The days of drinking that free bubble up and eating that rainbow stew are gone. I am not complaining about our new responsibilities. I believe in grassroots government. I believe government works better when it is closer to the people. But for you and me it means our work is both more important and more difficult. The cautious, reserved approach to governing in the prosperous 80s is inadequate for the 90s. We cannot sit on the sidelines and wait for the economy to improve. We must act. And so I will bring to the General Assembly a legislative agenda that is a little different from the traditional approach for a new Governor. Today I want to briefly outline for you a blueprint to begin building the bridge between the Georgia That Is, and the Georgia That Can Be. First, it should surprise no one here that my number one legislative initiative and my top priority is the Georgia Lottery for education. After traveling this state from Blairsville to Brunswick, I can tell you without any doubt that the people of Georgia want a lottery and they want their lottery to finance new education programs. I realize the lottery is an issue on which some of us disagree. I know there are strong and deeply held opinions on the subject. I want your input but at the same time, I want you to know that I am adamant that the new lottery funds must not supplant existing funds for education. I hope you are too. Think about it; we cannot allow the lottery funds to be put in one pocket for our school children, while existing funds are taken from their other pocket. That is why the constitutional amendment to create a Georgia lottery will place the proceeds in a special budget category a budget category in which the lottery proceeds are clearly additional funds for education. Another hidden danger we must guard against is that the hundreds of millions of new dollars the lottery will raise will be used to simply buy more of the same mediocre, bureau cratic education programs. The people of Georgia will not stand for more of the same, and neither will I. We've got a solid foundation with QBE but it's a foundation to build on, not to stand on. Among my education proposals for the year there are four programs which, if they prove successful, we should later fully fund with lottery proceeds. There may be others. The four are: voluntary pre-kindergarten for four year olds, especially targeted at chil dren who are at risk of becoming dropouts when they get older; an expansion of the Gover nor's Honors Program for our gifted students; drug education through a doubling of support for the DARE program, the partnership between law enforcement and education that is turning young lives around all over this state. And fourth, sex education. This is a difficult subject, I know. But if dealing with it makes you uncomfortable, ignoring it should make you ashamed: Georgia is eighth in AIDS cases, and fifth in infant mortality and teenage pregnancy. We have children having chil dren, and we've got to stop it. We must also begin delivering our programs more effectively. Along those lines, I have met at length with State Superintendent Werner Rogers, and we have agreed to work to gether to change the role of the State Department of Education. There will be an immediate re-structuring of the top levels of the Department of Education ... a downsizing of the Department with more emphasis on providing service to local school systems and less bu reaucratic monitoring. I want to attract our best and brightest into the teaching profession. The State Super intendent and I also agreed to take action to reform an area that I talked about in my campaign . . . teacher certification. We will take the certification program completely out of WEDNESDAY, JANUARY 16, 1991 109 the Department of Education and place it in the Professional Standards Commission, a transfer of 40 employees. This action will allow a smaller agency to focus its energies and resources on removing the barriers that discourage qualified people from becoming teachers. Next week I will appoint a task force to examine the most sensible way of paying our best teachers more. Teaching is the only occupation I know of where if you do a better job you don't get better pay. I want to change that. And I want you to help me. One of the thorniest issues we face is Georgia's high dropout rate. It is time to act, to identify at-risk children and to link what happens in the classroom to what happens in the family and community. I have directed the Departments of Education, Human Resources and Medical Assis tance to create a plan for addressing the needs of children at risk and to use provisions of the State's Medicaid program for funding. I'll need your help in adding language to the appropriations act to allow these three agencies to pursue this program. The third major area is as much a jobs issue as it is an education issue: literacy. You've heard the statistics: More than one out of every five adult Georgians is functionally illiter ate. Over one million Georgians cannot read the warning on a medicine bottle, a letter from a loved one, or even read a bedtime story to their children. If we are to compete for jobs in the new economy, we will have to invest more in our people. That is why I will ask you to adopt a tax credit for companies that provide literacy education. Such an approach will involve the private sector, strengthen the link between education and jobs, and make Georgia more attractive for companies who want to locate here. The wisdom of the investment is even more clear when you read the studies that con clude that raising just 20,000 adults out of illiteracy will generate over $90 million per year in increased economic activity. Literacy is so important to this former teacher that I'm deploying my most potent weapon to fight for it: First Lady Shirley Carver Miller. Shirley will make adult literacy her top priority, and will work with the Literate Community Program, which has such great promise, GED testing and the whole range of programs in this important area. As one who grew up and still calls home one of the most rural parts of our state, I pledge never to forget about rural Georgia. I have a long standing commitment to improving transportation and will continue to support economic development highways to open rural areas of our state to new industry. And this session I will introduce a major initiative to expand the state's economic devel opment efforts, especially in rural Georgia. I will ask you to pass legislation changing the Georgia Residential Financial Authority to the Georgia Capital Finance Authority, a re structuring that will increase access to capital for businesses and industries that wish to relocate to Georgia. If you pass this legislation, we will have a new tool to attract small business firms to rural Georgia, where industrial financing is often difficult. I believe that the state has an obligation to promote growth in underserved areas. One problem that we've been trying to solve for years but on which we must do more is crime. I have met with the Chairman of the Pardons & Parole Board, and we can end Geor gia's early release program. Beginning this July, we will start to phase out early release, and if you give me the boot camps I'm requesting this session, early release will become history by July of 1992. I further requested and the Board has agreed to broaden the definition of violent of fenders, and to lengthen the amount of time they serve before becoming eligible for parole. My message is clear: if you kill someone while driving drunk, if you molest or abuse a child, or if you want to be a big time drug dealer, you're going to serve a big time sentence. 110 JOURNAL OF THE SENATE The violent crime we are most exposed to and most vulnerable to is drunk driving. If you are out on a Friday or Saturday night, as many as one out of every ten drivers on the road with you is drunk. And that is why I am proposing the toughest new DUI laws in Georgia's history. Other parts of our anti-crime package include forcing drug pushers to forfeit their man sions and using the money to pay for drug rehabilitation and treatment for the people they addict, and a state Hobbs Act to attack public corruption. I also want to reorganize the state's law enforcement and training agencies. Let me make this clear: The reorganization of the Department of Public Safety will not cost one red cent more than we now spend in that criminal justice area. As you will see in my budget on Friday, it will be paid for by cutting back on the existing bureaucracy. The war on crime is too important for our forces to be fragmented. I want all our people fighting crime, not fighting turf battles. We also have to work harder to protect our environment. Piece by piece our state's natural beauty is being graded under or paved over. Of Georgia's entire land area, only eight percent is in public parks or forests, which ranks us seventh of the 11 Southeastern states. In the Piedmont, where more than half of the state's population lives, only two percent of our land is in parks and forests. That's a disgrace for a state that calls itself the "Empire State of the South." It is my goal to protect another 100,000 acres of park land through public-private partnerships by the end of the 90s. In addition, I will ask you to pass new legislation protecting our mountains and river corridors. I also want to restructure the Hazardous Waste Authority, not only its membership but also its mission. I have appointed a nationally recognized conservationist, Bob Kerr, as its director, and will ask you to change the membership of the Authority by taking the politi cians off and putting professionals on ... more scientists, more engineers, more environmentalists. With Bob Kerr, we will completely refocus the Authority's mission, broadening it from merely selecting a place to dispose of our waste to attacking the problem at its source: re ducing the amount of waste we generate here in Georgia, which right now, I am sorry to say, is one of the highest in the nation. I know of no area in which our investment over the years has paid a more handsome reward than higher education. Although this year's budget allows little new money for higher education, as a former college teacher I will immediately begin to give it more hands on support than it's received in many years. I will create a Higher Education Roundtable -- to be composed of the Governor, Speaker, the Lieutenant Governor, the Chancellor, and the presidents of the five universities. We will meet at the Mansion at least once every quarter to discuss the needs and goals of the university system. And, I also intend to promote our research with as much pride as we currently promote our fine athletic teams . . . Georgia Tech, the University of Georgia and Emory combined perform more research than the three universities of North Carolina's famous Research Tri angle. Yet, few people around the nation know that, but they will before we are through. I am also calling for a permanent fund to meet capital and equipment needs throughout the university system from libraries to laboratories. We must do this because the most im portant resource of the Georgia That Can Be is the educated minds of our sons and our daughters. Health care is another area in which we face the choice posed to us by the auto mechanic in the TV commercial who said, "You can pay me now, or pay me later." If we invest in a small amount of preventive care, especially for pregnant women and infants, we can save millions down the road. That is why I will offer new initiatives such as expanded early intervention services for infants and toddlers who have developmental disabilities . . . and perinatal care for pregnant women. WEDNESDAY, JANUARY 16, 1991 111 As I promised in my campaign, I will also begin a new program that will give immediate treatment to pregnant females who are abusing drugs. Because I knew poverty, I understand the cruelty of an innocent baby suffering only because her Mama is poor, or addicted. And because I know state government I understand the foolishness of ignoring the problems of impoverished babies in a misguided effort to save money. The end result of neglecting babies to save a pittance is millions spent later in wel fare and incarceration. As Governor, I will do my best to alleviate the cruelty, and eliminate the foolishness. Another goal of my administration is to reform auto insurance in Georgia. With your help, I intend to roll back auto insurance rates in Georgia right away -- and that's just the beginning. That family that works and saves and sometimes conies up a little short at the end of the month, deserves a break. Not only when they pay their car insurance premium, but also every time they buy a bag of groceries. That is why I have introduced a constitutional amendment to give the people of Georgia a chance to repeal the sales tax off all food for all time. The repeal will be gradual and predictable -- a penny a year until it's gone for good. I'd like to repeal the current hodgepodge of a food tax, which exempts peanuts but taxes pea nut butter. But please understand this: I will not sign a bill repealing the partial food tax exemption if it comes to my desk without the constitutional amendment. The two are inseparable in my mind because, to me, flawed as it is, the present law that cuts taxes on some food is better than no cut in the food tax at all. These priorities are not the end of the Miller Administration's goals. They are just the beginning. If they seem to be ambitious, it's because they are. I believe we can only succeed greatly by daring greatly. In 1934 a French zoologist applied the theory of aerodynamics to the bumblebee. He found that, because of its inordinate weight and its inadequate wingspan, the flight of a bumblebee is physically impossible. Fortunately, the bumblebee was not made aware of this study, and so it keeps on flying. There are those who look at the Georgia that is, see our temporary budget problems, and the multitude of other challenges, and say that the Georgia That Can Be will never fly. They say that a proud and prosperous Georgia, an educated and enlightened Georgia . . . they say that Georgia will never be. My friends, let us tell the fainthearted to stand back and watch us fly. With your help and God's I know we shall succeed. Senator Garner of the 30th moved that the Joint Session be now dissolved, and the motion prevailed. The President of the Senate announced the Joint Session dissolved. Serving as doctor of the day today was Dr. Robert Ollins of Atlanta, Georgia. Pursuant to the provisions of a previously adopted motion, the Senate stood adjourned until 10:00 o'clock A.M. tomorrow. 112 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Thursday, January 17, 1991 Fourth Legislative Day The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President. Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed. The following message was received from the House through Mr. Rivers, the Acting Clerk thereof: Mr. President: The House has adopted by the requisite constitutional majority the following resolution of the House: HR 81. By Representatives Walker of the 115th and Murphy of the 18th: A resolution amending HR 8 so as to change the time of the joint session to be held on Friday, January 18, 1991, for the purpose of hearing a message from the Governor. The House has passed by the requisite constitutional majority the following bills of the House: HB 7. By Representative Branch of the 137th: A bill to amend an Act providing for the composition and membership of the Board of Education of Ben Hill County, so as to correct certain clerical errors relating to the date upon which the initial members take office. HB 44. By Representatives Patten of the 149th, Reaves of the 147th and Golden of the 148th: A bill to amend an Act creating the State Court of Lowndes County, as amended, so as to provide that the judge of the state court shall be a full-time judge and may not engage in the private practice of law. HB 94. By Representatives Kingston of the 125th, Hamilton of the 124th, Dixon of the 128th, Mueller of the 126th and Merritt of the 123rd: A bill to amend an Act incorporating the City of Tybee Island, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilpersons. The following bills and resolutions of the Senate were introduced, read the first time and referred to committees: SB 60. 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 THURSDAY, JANUARY 17, 1991 113 benefits for said secretary-treasurer; to change the maximum amounts on which members shall be allowed to pay dues and to change the maximum amounts used in the calculation of benefits. Referred to Committee on Retirement. SB 61. By Senator Kidd of the 25th: A bill to amend Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide for employees of the board of commissioners of such fund; to provide for the compensation and duties of such employees; to provide that employees of the board are eligible for membership in the fund. Referred to Committee on Retirement. SB 62. 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 probate courts in general, so as to provide for the nonpar tisan election of probate court judges; to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries in general, so as to provide for the procedure for qualifying for the office of probate court judge. Referred to Committee on Governmental Operations. SB 63. By Senator Kidd of the 25th: A bill to amend an Act providing for the appointment of the initial chief magis trate of the Magistrate Court of Hancock County and the election of subsequent chief magistrates, as amended, so as to change the provisions relating to the com pensation of the chief magistrate. Referred to Committee on Urban and County Affairs. SB 64. By Senator Kidd of the 25th: A bill to amend an Act establishing a new charter for the City of Milledgeville, as amended, so as to change the compensation of the mayor and aldermen of said city. Referred to Committee on Urban and County Affairs. SB 65. By Senators Tate of the 38th, Scott of the 36th and Langford of the 35th: A bill to amend Article 2 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the "Georgia Food Act," so as to prohibit a retail grocery store from selling any food product or other article which does not have the price thereof clearly labeled on the food product or other article or the package or container enclosing such food product or article; to provide a penalty. Referred to Committee on Consumer Affairs. SB 66. By Senator Pollard of the 24th: A bill to amend Code Section 33-1-9 of the Official Code of Georgia Annotated, relating to the offense of insurance fraud, so as to provide that such offense shall constitute a felony. Referred to Committee on Insurance and Labor. 114 JOURNAL OF THE SENATE SB 67. By Senator Tysinger of the 41st: A bill to amend Chapter 67A of Title 36 of the Official Code of Georgia Anno tated, relating to conflicts of interest in zoning actions, so as to revise said chap ter; to provide for definitions; to provide for disclosure of certain financial inter ests by local government officials and for additional requirements in connection therewith. Referred to Committee on Judiciary. SB 68. By Senators Hammill of the 3rd, Coleman of the 1st, English of the 21st and Hill of the 4th: A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to change certain language in reference to personal attendant care programs; to change a short title; to change a purpose; to change a definition; to change the authority of the Division of Rehabilitation Services of the Department of Human Resources; to change standards and guidelines. Referred to Committee on Youth, Aging and Human Ecology. SB 69. By Senators Hasty of the 51st, Garner of the 30th, Kidd of the 25th and others: A bill to amend Code Section 40-5-36 of the Official Code of Georgia Annotated, relating to veterans' drivers' licenses, so as to change which veterans qualify for veterans' drivers' licenses. Referred to Committee on Public Safety. SB 70. By Senators Newbill of the 56th, Thompson of the 33rd, Langford of the 35th and others: A bill to amend Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to criminal trial proceedings, so as to change the provisions regarding closed circuit television testimony by certain children who are victims of or witnesses to certain crimes; to provide an effective date. Referred to Committee on Youth, Aging and Human Ecology. SB 71. By Senators Newbill of the 56th, Foster of the 50th, Collins of the 17th and others: A bill to amend Code Section 20-2-282 of the Official Code of Georgia Annotated, relating to comprehensive evaluations of schools and systems, so as to change the functions to be evaluated; to provide for the designation of schools and school systems which exceed expectations and exempt them from evaluation for certain functions. Referred to Committee on Education. SB 72. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Article 1 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to criminal abuse of governmental office, so as to provide for the criminal offense of extortion by public office; to state legislative intent; to provide for definitions; to provide for penalties; to provide an effective date. Referred to Committee on Special Judiciary. SB 73. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, the "Georgia Controlled Substances Act," so as to change provisions relating to contraband, seizure, and forfeitures under said article; to provide what THURSDAY, JANUARY 17, 1991 115 property shall be subject to seizure and forfeiture; to provide procedures for seizure and forfeiture; to provide for the distribution of proceeds of forfeitures. Referred to Committee on Special Judiciary. SB 74. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend numerous provisions of the Official Code of Georgia Annotated, so as to create a new Department of Public Safety and to change the administra tion and provision of law enforcement services at the state level; to amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to delete a provision relating to the Department of Public Safety. Referred to Committee on Special Judiciary. SB 75. By Senators Hasty of the 51st, Bowen of the 13th, Hooks of the 14th and others: A bill to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to change a definition and change the duties of the center; to amend Article 1 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions regarding drivers' licenses, so as to provide for the dissemination of certain infor mation by the Department of Public Safety to the Georgia Crime Information Center. Referred to Committee on Public Safety. SB 76. By Senator Thompson of the 33rd: A bill to amend an Act providing a new charter for the City of Austell, as amended, so as to change certain provisions relating to the ineligibility of the mayor and council members from holding certain positions; to delete all provi sions relating to the position of city manager; to create the position of adminis trative supervisor and provide for matters relative to such office. Referred to Committee on Urban and County Affairs. SB 77. By Senator Thompson of the 33rd: A bill to amend an Act creating the board of commissioners for Cobb County, Georgia, as amended, so as to require a public hearing before the commission is authorized to spend over $100,000.00 to employ an independent consultant or conduct an independent study; to provide for notice of hearing. Referred to Committee on Urban and County Affairs. SB 78. By Senator Thompson of the 33rd: A bill to amend an Act creating the board of commissioners of Cobb County, as amended, so as to change the provisions relating to districts for the election of commissioners. Referred to Committee on Urban and County Affairs. SB 79. By Senator Thompson of the 33rd: A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of rates, underwriting rules, and related organizations, so as to require an insurer which files a rate, rating plan, rating system, or under writing rule reflecting an increase in the current filing to notify each of its policyholders residing in this state; to provide for the manner of notification; to provide for the content of such notice. Referred to Committee on Insurance and Labor. 116 JOURNAL OF THE SENATE SR 60. By Senator Kidd of the 25th: A resolution informing personnel offices of agencies and departments of the state regarding the rights of certain military personnel who are on ordered military duty. Referred to Committee on Defense and Veterans Affairs. SR 64. By Senators Ragan of the 32nd, Clay of the 37th, Newbill of the 56th and Thompson of the 33rd: A resolution urging the Senate and House Committees on Appropriations to ap propriate funding for a heritage park in the Concord Historic District in Cobb County. Referred to Committee on Urban and County Affairs. SR 65. By Senator Ramsey of the 54th: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for a source of revenue other than ad valorem taxes for local school systems by authorizing the county governing authorities to im pose a special 1 percent sales and use tax for educational purposes; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Finance and Public Utilities. SR 66. By Senators Hammill of the 3rd, Echols of the 6th, Robinson of the 16th and others: A resolution urging the Senate offices to purchase paper products manufactured from recycled paper or fiber. Referred to Committee on Governmental Operations. SR 67. By Senator Shumake of the 39th: A resolution authorizing the conveyance of certain state owned real property lo cated in Fulton County, Georgia, to Georgia Power Company and the acceptance of certain real property owned by Georgia Power Company located in Fulton County, Georgia, in consideration therefor; to provide an effective date. Referred to Committee on Finance and Public Utilities. SR 68. By Senator Shumake of the 39th: A resolution authorizing the conveyance of certain state owned real property lo cated in Fulton County, Georgia, and the acceptance of certain real property in Fulton County in consideration therefor; to provide an effective date. Referred to Committee on Finance and Public Utilities. SR 69. By Senator Dean of the 31st: A resolution requesting the Department of Revenue to consider the design of Georgia motor vehicle license plates for issuance in 1995 and thereafter to com memorate the 1996 Olympic Games. Referred to Committee on Public Safety. SR 70. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A resolution proposing an amendment to the Constitution so as to provide for the establishment of special judicial circuits; to provide for the establishment, jurisdiction, operation, and financing of investigative grand juries, trial juries, courts, and personnel in the special judicial circuits; to provide for procedures THURSDAY, JANUARY 17, 1991 117 and other matters related thereto; to provide for submission of this amendment for ratification or rejection. Referred to Committee on Special Judiciary. The following bills of the House were read the first time and referred to committee: HB 7. By Representative Branch of the 137th: A bill to amend an Act providing for the composition and membership of the Board of Education of Ben Hill County, so as to correct certain clerical errors relating to the date upon which the initial members take office. Referred to Committee on Urban and County Affairs. HB 44. By Representatives Patten of the 149th, Reaves of the 147th and Golden of the 148th: A bill to amend an Act creating the State Court of Lowndes County, as amended, so as to provide that the judge of the state court shall be a full-time judge and may not engage in the private practice of law. Referred to Committee on Urban and County Affairs. HB 94. By Representatives Kingston of the 125th, Hamilton of the 124th, Dixon of the 128th and others: A bill to amend an Act incorporating the City of Tybee Island, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilpersons. 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 Finance and Public Utilities has had under consideration the follow ing bill and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 42. Do pass. SR 13. Do pass. Respectfully submitted, Senator Starr of the 44th District, Chairman The following bills and resolution of the Senate were read the second time: SR 18. By Senator Kidd of the 25th: A resolution relating to overtime pay for state employees. SB 16. By Senator Kidd of the 25th: A bill to amend Part 2 of Article 4 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to claims against the state or its departments or agencies, so as to change the procedures applicable to the processing of claims against the state; to authorize the introduction of compensation resolutions in the Senate; to change the provisions relating to hearings of the Claims Advisory Board. 118 JOURNAL OF THE SENATE SB 17. By Senator Kidd of the 25th: A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to change the provisions relating to the accumulation and utilization of sick leave; to repeal certain provisions relating to disapproval of sick leave and proce dures for contesting disapproval. SB 18. By Senator Kidd of the 25th: A bill to amend Article 2A of Chapter 5 of Title 21 of the Official Code of Geor gia Annotated, relating to contributions to candidates for state-wide office or the General Assembly, so as to provide that such article shall apply to all elected public officers; to provide for a definition; to provide an effective date. SB 20. By Senator Kidd of the 25th: A bill to amend Code Section 21-5-31 of the Official Code of Georgia Annotated, relating to disclosure requirements of certain persons accepting contributions or making expenditures on behalf of candidates, so as to provide that political ac tion committees shall be subject to the same disclosure requirements as a candi date; to provide an effective date. SB 22. By Senator Kidd of the 25th: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the regulation of campaign literature under the "Ethics in Government Act"; to provide for identification requirements; to re quire certain authorization for the endorsing, circulating, or publishing of cam paign material; to repeal Code Sections 21-2-415 and 21-3-322, relating to identi fication requirements of certain campaign literature. SB 23. By Senator Kidd of the 25th: A bill to amend Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to conflicts of interest, so as to authorize officers and employ ees of the state to engage in political activities under certain conditions. SB 24. By Senator Kidd of the 25th: A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to provide for on-call pay on weekends; to provide for cash payments when the funds are available for such purpose. SB 25. By Senator Kidd of the 25th: A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Elections Code," so as to provide that certain nomination petitions and petitions to qualify political bodies to nominate certain candidates by con vention shall consist of cards each of which shall contain only one signature; to provide for information to be contained on such cards; to provide for procedures with respect to the foregoing. The President called for the morning roll call, and the following Senators answered to their names: Albert Alien Baldwin Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan THURSDAY, JANUARY 17, 1991 119 English Foster Garner Gillis Hammill HHeanstsyon Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Olmstead Perdue PPhoillllairpds RaganoflOth Ragan of 32nd Ramsey Ray Robinson Shumake Starr Steinberg Tate Taylor _T.iTmhommo^pnsosn lurner Tysmger Walker of 22nd Walker of 43rd White Those not answering were Senators: Bishop Langford Scott Senator Burton of the 5th introduced the chaplain of the day, Dr. Gill Watson, pastor of Oakgrove United Methodist Church, Decatur, Georgia, who offered scripture reading and prayer. Senator Gillis of the 20th introduced the doctor of the day, Dr. Robert Shuman, of Dublin, Georgia. The following resolutions of the Senate and House were read and adopted: HR 81. By Representatives Walker of the 115th and Murphy of the 18th: A resolution amending HR 8 so as to change the time of the Joint Session of the Senate and House of Representatives on Friday, January 18, 1991, to 10:45 o'clock A.M. for the purpose of hearing an address from His Excellency, Gover nor Zell Miller, on the State of the Budget at 11:00 o'clock A.M. SR 71. By Senator Thompson of the 33rd: A resolution commending and recognizing the members of the Silver-Haired Legislature. Senator Garner of the 30th moved that the Senate stand in recess from 10:44 o'clock A.M. until 10:45 o'clock A.M., the hour for the Joint Session of the Senate and House of Representatives called for the purpose of recognizing and honoring William Porter "Billy" Payne and a special group of Georgians for their special contributions in securing Atlanta's designation as the host city for the 1996 Olympic Games, and that upon dissolution of the Joint Session the Senate stand adjourned until 10:00 o'clock A.M. tomorrow; the motion prevailed. The President appointed as an Escort Committee on the part of the Senate the following: Senators Broun of the 46th, Harris of the 27th, Garner of the 30th, Alien of the 2nd, Egan of the 40th and Deal of the 49th. The President announced that pursuant to SR 6, adopted previously, the Senate would stand in recess from 10:44 o'clock A.M. until 10:45 o'clock A.M., the hour for the Joint Session of the Senate and House. The hour for convening the Joint Session of the Senate and House under the provisions of SR 6 having arrived, the President, accompanied by the Secretary and the Senators, pro- 120 JOURNAL OF THE SENATE ceeded to the Hall of the House of Representatives, and the Joint Session called for the purpose of recognizing and honoring William Porter "Billy" Payne and a special group of Georgians for their special contributions in securing Atlanta's designation as the host city for the 1996 Olympic Games, was called to order by the President of the Senate, Lieutenant Governor Pierre Howard. The Acting Clerk of the House of Representatives read SR 6. Mr. Billy Payne addressed the Joint Session of the General Assembly and discussed the plans for the 1996 Olympics to be held in Atlanta, Georgia. Representative Larry Walker of the 115th moved that the Joint Session be now dis solved, and the motion prevailed. The President of the Senate announced the Joint Session dissolved. Pursuant to a motion adopted previously, the Senate stood adjourned until 10:00 o'clock A.M. tomorrow. FRIDAY, JANUARY 18, 1991 121 Senate Chamber, Atlanta, Georgia Friday, January 18, 1991 Fifth Legislative Day The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President. Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed. The following message was received from the House through Mr. Rivers, the Acting Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bill of the House: HB 85. By Representatives Coleman of the 118th, Walker of the 115th, Adams of the 79th and Parrish of the 109th: A bill to amend an Act providing appropriations for State Fiscal Year 1990-1991 known as the "General Appropriations Act". The following bills and resolution of the Senate were introduced, read the first time and referred to committees: SB 80. By Senator Thompson of the 33rd: A bill to increase the amount of the homestead exemption from City of Austell ad valorem taxes, except taxes levied to pay interest on and to retire bonded indebtedness, which applies to the homestead of each resident of the City of Aus tell actually occupied by the owner as a residence and homestead. Referred to Committee on Urban and County Affairs. SB 81. By Senator Kidd of the 25th: A bill to amend Code Section 40-5-27 of the Official Code of Georgia Annotated, relating to examination of applicants for drivers' licenses, so as to prohibit the issuance of a driver's license to any person who does not meet certain vision stan dards; to provide an exception. Referred to Committee on Public Safety. SB 82. By Senator Kidd of the 25th: A bill to amend Chapter 39A of Title 43 of the Official Code of Georgia Anno tated, known as the "Real Estate Appraiser Licensing and Certification Act," so as to change the definition of certain terms; to change provisions relating to terms of office of members of the Georgia Real Estate Appraisers Board; to pro vide an effective date. Referred to Committee on Governmental Operations. 122 JOURNAL OF THE SENATE SB 83. By Senator Thompson of the 33rd: A bill to amend an Act creating the board of commissioners of Cobb County, as amended, so as to provide that the board of commissioners shall site no new landfill until it enacts a local solid waste disposal plan. Referred to Committee on Urban and County Affairs. SB 84. By Senators Hasty of the 51st, Marable of the 52nd, Huggins of the 53rd and others: A bill to amend Article 3 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to unsolicited merchandise, so as to prohibit certain persons and entities from ordering goods or services for another under certain conditions; to provide for penalties. Referred to Committee on Consumer Affairs. SB 85. By Senator Ramsey of the 54th: A bill to amend Part 1 of Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to grand juries in general, so as to provide that an additional grand jury panel may be summoned upon application by the district attorney to the chief judge; to provide the procedures for impaneling the addi tional grand jury; to provide the period that a second grand jury may serve. Referred to Committee on Judiciary. SB 86. By Senators Newbill of the 56th, Shumake of the 39th and Moye of the 34th: A bill to amend Code Section 36-1-19 of the Official Code of Georgia Annotated, relating to the appropriation of money for making charitable grants or contribu tions within certain counties, so as to change the provisions relating to advisory boards or councils; to provide for an advisory board; to provide for the member ship of the advisory board; to provide that a recommendation of the advisory board shall be a condition for making a grant or contribution. Referred to Committee on Governmental Operations. SB 87. By Senator Steinberg of the 42nd: A bill to amend Code Section 31-33-2 of the Official Code of Georgia Annotated, relating to furnishing a patient's medical records, so as to provide for access to a patient's medical records by the state long-term care ombudsman or the Depart ment of Human Resources under certain conditions. Referred to Committee on Youth, Aging and Human Ecology. SB 88. By Senator Deal of the 49th: A bill to amend Code Section 32-3-15 of the Official Code of Georgia Annotated, relating to interlocutory hearings on the amount of compensation in cases involv ing the acquisition of property for public road construction and other transporta tion purposes, so as to change the provisions relating to proceedings before a special master; to provide for evidence and testimony; to provide for applicability. Referred to Committee on Judiciary. SB 89. By Senator Edge of the 28th: A bill to amend Code Section 40-8-71 of the Official Code of Georgia Annotated, relating to motor vehicle exhaust systems, so as to provide that certain motor vehicles operated on racetracks shall be equipped with mufflers. Referred to Committee on Special Judiciary. FRIDAY, JANUARY 18, 1991 123 SB 90. By Senators Newbill of the 56th and Egan of the 40th: A bill to incorporate the City of Sandy Springs in Fulton County; to provide for a charter for the City of Sandy Springs; to provide for incorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for certain revenue sharing. Referred to Committee on Urban and County Affairs. SB 91. By Senators Pollard of the 24th, Bowen of the 13th and Deal of the 49th: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to change the level of alcohol concentration necessary for a finding of driving under the influence of alcohol. Referred to Committee on Special Judiciary. SB 92. By Senators Tate of the 38th, Bishop of the 15th and Hill of the 4th: 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 pro visions relating to eligibility for retirement allowances; to change the provisions relating to retirement allowances; to provide for an effective date and for auto matic repeal. Referred to Committee on Retirement. SB 93. 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; to provide for the legality of certain orders not to resuscitate. Referred to Committee on Judiciary. SB 94. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Code Section 12-8-102 of the Official Code of Georgia Annotated, relating to the Georgia Hazardous Waste Management Authority, so as to change the composition of such authority; to provide for the appointment of an execu tive director of such authority; to provide for related matters; to provide an effec tive date. Referred to Committee on Natural Resources. SB 95. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing in general, so as to delete provisions relating to the Georgia Residential Finance Authority and thereby abolish the Georgia Residential Fi nance Authority; to provide for designation of the Georgia Capital Finance Au thority as the State Office of Housing. Referred to Committee on Finance and Public Utilities. SB 96. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Code Section 50-23-3 of the Official Code of Georgia Annotated, relating to creation of the Georgia Environmental Facilities Authority, so as to change the qualifications of certain members of the authority; to provide for re lated matters; to provide an effective date. Referred to Committee on Natural Resources. 124 JOURNAL OF THE SENATE SB 97. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to enact the "Environmental Policy Act"; to provide for a short title; to provide for findings; to provide for defini tions; to provide for the disclosure of the environmental impacts of proposed state programs and projects. Referred to Committee on Natural Resources. SB 98. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Part 4 of Article 6 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Stone Mountain Memorial Association, so as to add two members to the association; to change provisions relating to the selec tion and terms of service of members; to provide an effective date. Referred to Committee on Governmental Operations. SB 99. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Part 3 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Lake Lanier Islands Development Authority, so as to add two members to the authority; to change provisions relating to the selection and terms of service of members; to provide an effective date. Referred to Committee on Governmental Operations. SB 100. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Chapter 9 of Title 10 of the Official Code of Georgia Annotated, the "Geo. L. Smith II Georgia World Congress Center Act," so as to add two members to the board of governors of the authority; to change provisions relating to the selection and term of service of members; to provide an effective date. Referred to Committee on Economic Development and Tourism. SB 101. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Chapter 10 of Title 46 of the Official Code of Georgia Annotated, relating to the consumers' utility counsel, so as to change the provisions relative to the automatic repeal of said Chapter 10; to provide an effective date. Referred to Committee on Finance and Public Utilities. SB 102. By Senators Dawkins of the 45th, Taylor of the 12th, Robinson of the 16th and Thompson of the 33rd: A bill to amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to general matters relating to the Environmental Protection Division of the Department of Natural Resources, so as to provide for the appointment and removal of the director of such division; to create an Environmental Advisory Council; to provide for the composition of such council. Referred to Committee on Natural Resources. SB 103. By Senator Starr of the 44th: A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization and appeals from assessments of county boards of tax assessors, so as to provide that when an appeal of an assessment is made to the county board of tax assessors and no change or correction is made by said county board of tax assessors, the notice sent to the taxpayer shall also be sent to the county board of equalization and shall constitute the taxpayer's FRIDAY, JANUARY 18, 1991 125 appeal to the county board of equalization without the necessity of the tax payer's filing any additional notice of appeal. Referred to Committee on Finance and Public Utilities. SB 104. By Senator Kidd of the 25th: A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to establish goals for the at-risk children and youth in the State of Georgia; to provide for applicability; to provide for strategy and util ization of resources; to provide for services for families with problems; to provide for statements of policy by state agencies and other entities. Referred to Committee on Youth, Aging and Human Ecology. SB 105. By Senator Kidd of the 25th: A bill to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to create the Georgia Children and Youth Overview Committee; to provide for members, officers, duties, functions, powers, authority, compensation, appointments, and vacancies; to provide for funds; to provide for matters relative to the foregoing; to provide for an effective date. Referred to Committee on Youth, Aging and Human Ecology. SR 72. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A resolution creating the Joint Study Committee on Children and Youth. Referred to Committee on Rules. The following bill of the House was read the first time and referred to committee: HB 85. By Representatives Coleman of the 118th, Walker of the 115th, Adams of the 79th and others: A bill to amend an Act providing appropriations for State Fiscal Year 1990-1991 known as the " General Appropriations Act". Referred to Committee on Appropriations. The following reports of standing committees were read by the Secretary: Mr. President: The Committee on Banking and Financial Institutions has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 34. Do pass. SB 35. Do pass. SB 39. Do pass. Respectfully submitted, Senator Turner of the 8th District, Chairman Mr. President: The Committee on Urban and County Affairs has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: 126 JOURNAL OF THE SENATE SB 27. Do pass. Respectfully submitted, Senator Harris of the 27th District, Chairman The following bill and resolution of the Senate were read the second time: SB 42. By Senator Egan of the 40th: A bill to amend Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, the " Revenue Bond Law," so as to allow for the validation of a maxi mum interest rate and a maximum annual principal and interest payment; to provide an effective date. SR 13. By Senator Kidd of the 25th: A resolution proposing an amendment to the Constitution so as to provide that bills for raising or reducing revenue may originate in either house of the General Assembly; to provide for the submission of this amendment for ratification or rejection. The President called for the morning roll call, and the following Senators answered to their names: Albert Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Not answering were Senators Garner and Langford. Senator Echols of the 6th introduced the chaplain of the day, Reverend Marcell Myers, a pastor of the Nehunta Circuit, Waycross District, South Georgia Conference, United Methodist Church, St. Marys, Georgia, who offered scripture reading and prayer. FRIDAY, JANUARY 18, 1991 127 The following communication from Honorable Roy Alien, Senator of the 2nd District, was placed in the Journal at the Senator's request: The State Senate Atlanta, Georgia 30334 January 18, 1991 Mr. Hamilton McWhorton, Jr. Secretary of the Senate State Capitol - Room 353 Atlanta, GA 30334 Re: Voting Machine Malfunctioning Dear Mr. Secretary: You may well recall that on Wednesday, January 16, 1991, I was present in the Senate Chambers and voted present. I merely brought to your attention that my machine did not register on the board and you indicated you will have someone check the machine out. The machine also malfunctioned at least on one occasion while one of your workers were trying to check it. More importantly however, is the fact that when the journals are published, the journals' record would then show me as not in attendance. This is quite disturbing to me, since obviously I was present and voted accordingly. It is my understanding that the journals cannot be changed under any circumstances as per your statements, but that by submitting a letter to you, a notation could be made in the journals for future reference. I consider this matter of extreme importance to me and trust that you will correct this problem as soon as possible and notify me accordingly. Thank you so much. Sincerely, /a/ Roy Alien Senator, District 2 The following resolutions of the Senate were read and adopted: SR 73. By Senators Johnson of the 47th, Broun of the 46th and Kidd of the 25th: A resolution commending Georgia Citizens for the Arts. SR 74. By Senators Robinson of the 16th and Bishop of the 15th: A resolution expressing sympathy at the passing of Mr. John B. Amos. The following local, uncontested bill of the Senate, favorably reported by the committee as listed on the Senate Local Consent Calendar, was put upon it passage: SENATE LOCAL CONSENT CALENDAR Friday, January 18, 1991 FIFTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) SB 27 Coleman, 1st Alien, 2nd Hammill, 3rd Provides for the appointment of the clerk of the State Court of Chatham County by a majority vote of the judges of the superior courts of the Eastern 128 JOURNAL OF THE SENATE Judicial Circuit and the judges of said state court, approved March 12, 1984, so as to provide for a term of office for said clerk. The report of the committee, which was favorable to the passage of the bill as reported, was agreed to. On the passage of the bill 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 Alien Baldwin Bishop Bowen Broun urton CC,,--,, ooa]lly,le.mmsan Dawkins >eal Echols Edge Egan Foster Gillis Hammill Harris Hasty Henson Hiu Hooks Huggins JTK^oi-hdJndJson Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott ScSutteamr rbuerg6 Tate Taylor Thompson Turner Tysinger Walker of 43rd White Those not voting were Senators: Dean English Garner Langford Shumake Timmons Walker of 22nd On the passage of the local bill, the yeas were 49, nays 0. The bill on the Senate Local Consent Calendar, having received the requisite constitu tional majority, was passed. SENATE CALENDAR Friday, January 18, 1991 FIFTH LEGISLATIVE DAY SB 16 Compensation Resolutions--authorize introduction in Senate (Gov Op--25th) SB 17 Merit System Sick Leave--accumulation, utilization (Gov Op--25th) SB 18 Campaign Contribution Provisions--all elected public officers (Gov Op--25th) SB 20 Political Action Committees--contribution disclosure (Gov Op--25th) SB 22 Campaign Literature--regulation, identification, publishing requirements (Gov Op--25th) SB 23 State Officers, Employees--conditions for political activity (Gov Op--25th) SB 24 Merit System Personnel--on-call pay on weekends (Gov Op--25th) SB 25 Political Conventions--nomination petitions (Gov Op--25th) SR 18 State Employee Overtime Pay--relating to (Gov Op--25th) FRIDAY, JANUARY 18, 1991 129 Senator Ramsey of the 54th introduced the doctor of the day, Dr. Garland Kinard, of Rossville, Georgia. Senator Deal of the 49th moved that the Senate recess at 10:51 o'clock A.M. and go immediately to the Hall of the House of Representatives for a Joint Session of the Senate and House called for the purpose of hearing an address from His Excellency, Governor Zell Miller, at 11:00 o'clock A.M. on the State of the Budget, and that upon dissolution of the Joint Session stand in recess until 5:00 o'clock P.M., at which time the Senate would stand adjourned, pursuant to SR 5 adopted previously, until 10:00 o'clock A.M. on Monday, Janu ary 28, 1991. The motion prevailed. The hour for convening the Joint Session of the Senate and House having arrived, the President accompanied by the Secretary and the Senators, proceeded to the Hall of the House of Representatives, and the Joint Session called for the purpose of hearing an address from His Excellency, Governor Zell Miller, on the State of the Budget, was called to order by the President of the Senate, Lieutenant Governor Pierre Howard, HR 8, authorizing the Joint Session of the Senate and House, was read by the Acting Clerk of the House. His Excellency, Governor Zell Miller, addressed the Joint Session of the Senate and House of Representatives as follows: In my inaugural address on Monday, I laid before you the philosophy of the Miller Administration. In my State of the State address on Wednesday, I set forth the agenda for the Miller Administration. The same promises that I reiterated throughout my campaign, the same philosophy I presented in my inaugural address, the same priorities I spelled out in my State of the State address, are now right here before you in this budget. It is time for a new approach to managing our resources in Georgia. We need creative and innovative solutions to the problems we face. We need a bureaucracy that is lean, and focuses its resources not on sustaining and enlarging itself, but on the delivery of services to the citizens of this state. Times are tough and they are going to stay tough for a while. But I view this time of tight resources as an opportunity for change, and I hope you do too. Despite the slumping economy, despite a federal government that addresses its deficit by shifting costs to the states, despite our longer-term slowing of revenue growth-- despite, or perhaps because of all these things, we will work to meet the needs of Georgia's people through more efficient, and through more effective use of our resources. We will do more, but we will do more with less. Let this be understood, I am not cutting simply because times are tough. I am shifting funds away from an overweight bureaucracy and into programs that provide important ser vices to Georgia's citizens. And as new resources become available, they will be used in new and creative ways. Not to restore the old cuts! Today I recommend to you a budget for Fiscal Year 1992 that totals 7.9 billion dollars and is based on anticipated revenues of the same amount. This figure represents an increase of just about one percent over the original budget we adopted a year ago for Fiscal Year 1991. That is negative growth -- it is not even enough to cover inflation. There is a net spending increase of only 235 million dollars in this 1992 budget com pared to my amended FY 91 budget. Add in 49 million dollars in even more spending reduc tions, and you get 284 million dollars in new money available for expenditure next year. 130 JOURNAL OF THE SENATE Now listen carefully, because this is important. I am talking about 284 million dollars total. Cost increases resulting from inflation, increases in the State's utility bills -- every increase of any sort -- has got to come from that 284 million dollars. For you to understand the magnitude of the task I faced in putting this budget to gether, let me point out that our state agencies requested almost 2.2 billion dollars in in creased spending for next year -- 2.2 billion dollars compared to the 284 million we have available. Ten days ago, I announced cuts of 247 million dollars in the budget for the present fiscal year. That money does not reappear in my budget for Fiscal Year 1992, and it will not appear, as I've said before, in any of my future budgets. Ten days ago, I announced that I would abolish 2,000 positions that were vacant on December 15. Money for those positions does not appear in this budget, and will not appear in any of my future budgets. Many state agencies will find that their major budget categories for Fiscal Year 92 are even less than they were in the original budget for 1991. Personal services will remain at the same level as my amended FY 91 budget, except for critical service areas like law enforce ment, hospitals and prisons. Let me make it clear: I am not just injecting a few new dollars into the same old budget pattern. I am rearranging priorities, I am shifting funds around, and I am focusing them on direct services in important program initiatives. The numbers by agency and line item are in front of you in black and white, so I am not going to spend my time reiterating them. Instead, I want to talk about four program thrusts that are the focus of this budget. First, you have heard me say countless times that education will be the cornerstone of my administration, and you can see it in the numbers today. Georgia's public schools get by far the largest portion of the new money in next year's budget -- some 103 million dollars in new money going into QBE and programs that directly affect students. In line with my goal of downsizing state government while emphasizing direct services, we have made cuts in administrative overhead and in non-student related areas. But we have made great positive strides in providing instruction to students. Throughout my campaign I spoke of the importance of educational opportunities for very young children, especially those who are at risk. This priority is reflected in several programs I am recommending: First, almost 3 million dollars will initiate a pilot pre-kindergarten program for fouryear-olds in 60 classrooms around the state. During my campaign, I promised to start this program with proceeds from the lottery. But we can't wait; it is so important to Georgia's future, that I wanted to get a pilot pro gram going before the lottery is in place, so that we have tested and refined it and are ready to move with it as soon as lottery revenues become available. Other educational programs for young children that I recommend for expansion include the Special Instructional Assistance program for children in the early grades who are at risk developmentally and our program for handicapped three and four year olds. Anyone who paid any attention at all to my campaign will remember my emphasis on sex education in our schools. And anyone who has looked at the growth rates for either teenage pregnancy or sexually transmitted disease knows how critical it is. I am recommending 754,000 dollars to develop and implement a training program for high school teachers on how to teach sex education. As you know, sex education is already a part of the school curriculum. But these existing teachers want and need high-quality in struction in both the subject matter and in the techniques of teaching this important and sensitive subject. I want them to be able to explain clearly to our children the perils and FRIDAY, JANUARY 18, 1991 131 consequences of irresponsible sexual behavior in a way that they understand and take to heart. I also talked about drug education during the campaign and in my State of the State address. And this budget includes funds to double D.A.R.E., the Drug Awareness and Resis tance Education program that we have begun in 42 of our schools. Another campaign promise you will find here is my commitment to making sure Geor gia's brightest high school students have the opportunity to attend college. One million dol lars goes to expand our scholarship program to include every high school valedictorian, salutatorian and STAR student in the state, and another $400,000 to expand the Governor's Honors Program by 400 of our brightest, our gifted students for whom this is the only sum mer enrichment program we provide. My education funding recommendations are also designed to move QBE forward. In the FY 92 budget, we have boosted QBE formula funding by more than 43 million dollars to expand services. The bulk of this new money -- 34.4 million dollars -- is the second-year portion of the QBE Weights Task Force formula. The point of this formula is to get the funds we send to our local schools to more accurately reflect the actual cost of educating our youngsters. In addition, I recommend that 8.9 million dollars total be appropriated for middleschool counselors. This money will fully fund the program we began last year at the level of one counselor for every base-sized middle school. Other QBE programs that will share in the new funding next year include incentive grants for 35 additional schools to implement middle grades programs; the continued imple mentation of the In-School Suspension program, which isolates disruptive students without suspending them from school, and special assistance to students for whom English is their second language. " In addition, I am recommending funds to purchase vocational equipment for 21 new high schools slated to open next fall. To provide for new public school construction, I am recommending bond funding total ling 83.4 million dollars for regular entitlements, with an additional 2.5 million dollars in advanced incentive planning grants. Sixteen public libraries have raised local funds for new facilities, earning state matching grants. I am recommending 9.8 million dollars in bonds for these projects. I used to be a college teacher before I got in this business. I've taught at one of this state's smallest colleges, and I've taught at this state's largest university. I know from firsthand experience that a strong University System is critical to Georgia's future growth and prosperity. My FY 92 budget adds 58.4 million dollars to the University System's funding formula. The bulk of these funds -- 33.8 million dollars -- addresses increased enrollment around the system. The remainder restores cuts to the formula, with 8.2 million dollars going to restore to full funding the part of the formula that addresses academic programs in the system's classrooms. The University System formula calls for major maintenance and repair funds of 24 mil lion dollars for the system's 2,500 buildings. The system has a lot of older buildings, so I am recommending that we meet this need in FY 92 by issuing five-year bonds. In addition to major maintenance and repair, I am recommending five University Sys tem capital projects for bonding. I propose that we move ahead with the student physical activities center and a parking facility at the University of Georgia, a residence hall project at Georgia Tech, and a parking facility and a bookstore at Kennesaw State College. 132 JOURNAL OF THE SENATE The Georgia Education Authority (University) would be reactivated to manage this bond program using receipts generated from the facilities themselves. Special consideration must be given to capital projects like these that generate revenue which, in turn, would then be used to pay off the bonds. I am aware that the Board of Regents recently adopted a major revision of the funding formula which they would like us to use in the future to determine their appropriation. I appreciate their desire to have a funding mechanism that looks forward to the 21st century rather than back to the needs of a decade ago. And after the session, my budget advisors and I will give careful study and consideration to these proposed revisions. Georgia has many adults at the other end of the educational spectrum, too -- adults who never really learned to read. I spoke to you of adult literacy from this rostrum on Wednesday, and you will see it in my budget here today. Finally in the area of education, I am recommending 3.2 million dollars for major re pairs and renovations at our technical institutes, and 1.7 million dollars to purchase instruc tional equipment for these institutes. Let me turn now from education to a second priority you heard me emphasize during my campaign and reiterate during the past ten days -- the protection of decent, law-abiding citizens. This is the second major program thrust in my budget for next year, and again you can see that we are going to change the way we've been doing things. First, I intend to lose no time in implementing the boot camp program I promised during my campaign. My concept of a boot camp is based on my experience as a Marine recruit at Parris Island -- shaved heads, bunk beds, a quonset hut with 60-watt light bulbs, and an unrelent ing regimen of discipline. My concept also comes from being the only elected official in Georgia to have worked in all three aspects of offender rehabilitation --probation, incarcer ation and parole. The boot camp I propose to you is a barebones, no TV, spartan facility that houses inmates for three months. While they are there, inmates will experience strict discipline, physical training and hard work -- in other words, a military-style basic training regimen. Boot camp will also include compulsory programs that address substance abuse, since this is where offenders who have violated the DUI/Habitual Traffic Violators law will be. Third, and this should not go unnoticed, boot camp inmates will be subject to strict probation and parole supervision after they are released. If they violate probation, they will go to the "big house." I am recommending 11.25 million dollars in bonds to construct and equip nine boot camp facilities -- three as stand-alone units and six adjacent to three existing correctional institutions. The stand-alone camps will be built in Mitchell, Lanier and Emanuel counties at a cost of 2 million dollars each. Two camps will be built adjacent to each of the existing institutions in Hancock, Wash ington and Chattooga counties, and will use their support facilities. The reason we are locating six boot camps adjacent to existing facilities is to achieve a more efficient level of staffing and support. They can also be built using inmate labor. Each of these nine boot camps will accommodate 224 inmates, giving us 2,016 new beds at about one-sixth of the cost of the new prison beds now being built in Georgia. They won't be "Cadillacs," but people who break the law don't deserve "Cadillacs." In addition, two existing facilities -- the Stone Mountain and Putnam Correctional FRIDAY, JANUARY 18, 1991 133 ; Institutions -- will be converted to boot camps, giving us a total of 2,344 new boot camp \ beds. When fully operational, these 11 boot camps will accommodate nearly 9,400 offenders a year on a 90-day rotation basis. Although I emphasized boot camps in my campaign, I am fully aware of the need for conventional prison beds. It will take the combination of new boot camps and new prison beds to end the Early Release Program that the Board of Pardons and Paroles has been using to control prison overcrowding. Conventional correctional institutions are another area where we can and must be more cost-effective. I don't like frills anywhere, and I am certainly not going to tolerate them in our prison system. Any type of prison authorized during this administration will be inexpen sive to construct and cost-efficient to operate. You can count on that! Along those lines, I am authorizing $300,000 to develop plans and specifications for a prototype facility of low-to-medium security that will be cost-effective to duplicate around the state. Another $700,000 is requested to acquire sites for later construction of these facilities. I also recommend one million dollars in bond funds to expand the wastewater treat ment plant at the Georgia Public Safety Training Center. In addition to allowing larger training classes at the Center, this expansion will also allow us to double the inmate capac ity at the adjacent Burruss Correctional Institution from 400 to 800 beds. ; Once we build prisons, we have to staff them, and that is where the ongoing cost comes i in. My recommendations provide operating funds for five new prisons with 4,400 beds. Three of them -- the Hancock, Telfair and Washington Correctional Institutions -- will be in operation for the full fiscal year, while the Johnson and Mitchell Correctional Institutions will open near the end of the fiscal year. I also recommend full funding for the new 200 bed Treutlen Special Alternative Incar ceration Institution. I have allocated operating funds for the Stone Mountain Detention Center in Rockdale County, which will open in April, and for two additional centers with 150 beds each, which will open in Fulton and Evans counties near the end of the fiscal year. Before I leave law enforcement and corrections, let me make one more point. Highway safety is of enormous concern to me, and I want to get more state troopers out on the road during my administration. In the supplemental budget, I recommended funding to start up a new state trooper school of 50 recruits. In 1992, I am recommending 1.5 million dollars to put those 50 on the road. The third program area that I focus on in this budget is economic development. And with the present state of our economy, I don't expect to find anyone who will argue against making this a priority. Georgia's ports are a major economic benefit for all of our citizens, whether they live in Dalton or LaGrange or Gainesville. To keep our ports operating smoothly, I am recom mending 2.5 million dollars in bonds to construct dikes and expand the spoilage area in the Savannah Harbor. The Georgia Ports Authority also requested 25.6 million dollars in full state funding to deepen the Savannah Harbor channel to 42 feet. I understand the need to do this and I support it, but there is potential to leverage substantial federal funding for this project. Therefore, I am recommending that the Author ity proceed with the design, engineering and environmental review of the project using 1.2 million dollars in Authority funds, while at the same time pursuing federal participation. 134 JOURNAL OF THE SENATE Even though the budget is tight, I want to maintain state funding assistance to local governments, who are also experiencing revenue problems and who are on the front lines of providing the infrastructure industry needs, but I want to make some changes in the way we provide this help. We have a number of small grant programs, and I am not convinced that the funds are addressing the most serious needs of our counties and cities. I propose that we abolish four and downsize two grant programs that totalled 28.4 mil lion dollars in the original FY 91 budget, and develop instead a 50 million dollar loan pro gram for water, sewer, water supply and wastewater treatment projects. The new loan program would be financed with revenue bonds sold by the Georgia Envi ronmental Facilities Authority. These bonds would be repaid as local governments repay their loans. Highways are also an important part of economic development, and I recommend that funding for the Local Road Assistance Program (LARP) continue at a level of 38.6 million dollars, just slightly below the current level of 40 million dollars. These funds complement my recommendation in the 1991 amended budget that the Governor's Road Improvement Program be continued with 76.9 million dollars in bond funds. Highway construction is another area in which I want to do things differently, and I have discussed this at length with Commissioner Hal Rives. I want to move funds around to take maximum advantage of a rare opportunity. The federal government has indicated its intention to put a significant level of its new motor fuel tax revenues into a program called the Highway System of National Significance. States would be able to draw this federal money down to match state motor fuel tax funds to enhance particular highways. Now, you need to understand that many of the Georgia highways that will be identified as part of this new national system are already part of GRIP, the Governor's Road Improve ment Program. By rearranging the way we spend our Georgia motor fuel tax revenues, we will be able to leverage some significant federal funds to help us pay for our economic devel opment highways. The bottom line is that in FY 92 we will spend nearly 155 million dollars more in state and federal funds than we spent in FY 90, for roads that will be part of this Highway Sys tem of National Significance. Sometimes overlooked, the quality of life is an important consideration in attracting business and industry to Georgia, and in that sense, our wildlife management and public fishing areas are part of our economic development infrastructure. I am recommending $150,000 to improve and operate newly acquired wildlife manage ment areas and public fishing areas. These funds are in addition to the 1 million 450 thou sand dollars in bonds in my supplemental budget recommendations for equipment and capi tal construction on these lands. While I am on this subject, let me address the question some have raised regarding the use of funds from that increase a few years ago in hunting and fishing license fees. Back when I was Lieutenant Governor, I was on top of that, and I'm making sure we are putting all of the income from those fees directly into game and fish needs. In fact, the state funds going for this purpose have increased. Fee income now makes up only 42 percent of the budget for game and fish compared to 58 percent back when the fees were last increased. The fourth program area to receive a significant block of new funds is health and social services. Almost a third of our available funds will go to help Georgians in need of these services, with 47.6 million dollars allocated to Medicaid and 33.4 million dollars to the De partment of Human Resources. FRIDAY, JANUARY 18, 1991 135 The combination of rising health care costs and an increase in services and users has sent the Medicaid budget spiraling upward. Of the new Medicaid funds, 32.5 million dollars will be used to fund expanded coverage mandated by the federal government (some of that New Federalism I talked about on Wednesday). Other Medicaid increases will fund reimbursement rate adjustments that were ap proved in FY 91 and annualize other improvements that went into effect in FY 91. Growing like kudzu, Medicaid costs are now 10 percent of our total budget. The na tional average is 12 percent -- up from 3 percent before New Federalism. So, in an effort to contain the cost of Medicaid programs, I am recommending that in 1992 we begin requiring Medicaid participants to make a small contribution toward the cost of the health care they receive. These co-payments would range from one to three dollars for certain recipients and services. The total savings to the program for the first year would be 7.8 million, of which 3 million dollars would be state funds. We do not want to deprive any Georgian of needed health care. However, I believe a small co-payment from Medicaid recipients will help to offset the rapidly rising costs we are experiencing. Twenty-four states already require similar co-payments. We will just be doing what half the states are already doing. Of course, it is evident that there is no salary increase for teachers or state employees. But I have asked the Merit System Board to preserve the same level of health insurance coverage with no increase in the premium taken out of employees' paychecks, so at least they are spared that increased cost which most workers in private enterprise are having to bear. The bulk of the new funds I am recommending for the Department of Human Re sources will go into Aid to Families with Dependent Children. When the economy slumps, the AFDC rolls rise, and almost 20 million dollars in new money will be needed in FY 92 to accommodate this growth. Another 4.6 million dollars must be allocated to fund the increased number of children in foster care, which has come as a result of our concerted effort in addressing child abuse. And I propose 2.5 million dollars to expand case management services for developmentally delayed infants and toddlers during their first two years of life. I referred to this in my State of the State speech, and it is the initial stage of the program for developmentally delayed three and four-year-olds that I mentioned a bit ago when I was talking about education. Similar to what I suggested with DOT, the money will leverage more federal funds. This will allow us to provide a higher level of services for these children from birth until kinder garten age. Finally in the area of human services, let me point out that amid all of these cuts, one item that has remained unscathed is the State Housing Trust Fund, which provides assis tance to the homeless. I am recommending that this fund continue at the same 5 million dollar level in FY 92 as in the original FY 91 budget. Education, law enforcement, economic development, and human services -- these are the program areas through which direct state services flow to the citizens of Georgia, and they are the focus of the budget I present to you today. Here it is -- a pay-as-you-go budget with no fiscal sleights of hand and no cost-shifting to future years. Here it is -- a budget that downsizes administrative overhead and concentrates on get ting the maximum level of service per dollar. 136 JOURNAL OF THE SENATE Here it is -- a budget that sets us on the course that I intend to stay during my admin istration as your Governor. Senator Deal of the 49th moved that the Joint Session be now dissolved, and the mo tion prevailed. The President of the Senate announced the Joint Session dissolved. Pursuant to a previously adopted motion, the Senate stood in recess until 5:00 o'clock P.M. at which time, pursuant to SR 5 adopted previously, the Senate stood adjourned until 10:00 o'clock A.M. on Monday, January 28, 1991. MONDAY, JANUARY 28, 1991 137 Senate Chamber, Atlanta, Georgia Monday, January 28, 1991 Sixth Legislative Day The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President. Senator Huggins of the 53rd reported that the Journal of the proceedings of Friday, January 18, 1991, 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. Rivers, the Acting Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House: HB 127. By Representatives Jamieson of the llth and Dover of the llth: A bill to provide for the nonpartisan nomination and election of the chief magis trate of the Magistrate Court of Stephens County. HB 171. By Representative Greene of the 130th: A bill to create a board of commissioners of Webster County. HB 172. By Representative Yeargin of the 14th: A bill to amend an Act incorporating the City of Carlton, so as to change the time of election and terms of office of the mayor and councilman and change the provisions relating to vacancies. The House has adopted by the requisite constitutional majority the following resolu tions of the House: HR 15. By Representative Lane of the 27th: A resolution ratifying the alteration of regional development center boundaries established by the Board of Community Affairs. HR 120. By Representatives Poston of the 2nd, Murphy of the 18th, Walker of the 115th, Coleman of the 118th and Hanner of the 131st: A resolution commending Georgia Citizens for the Arts. HR 121. By Representatives Poston of the 2nd, Murphy of the 18th, Walker of the 115th, Coleman of the 118th and Hanner of the 131st: A resolution commending the Reverend Howard Pinster. HR 131. By Representatives Poston of the 2nd, Murphy of the 18th, Snow of the 1st, McCoy of the 1st, Perry of the 5th and Poag of the 3rd: A resolution urging the Governor and the General Assembly of the State of Ten nessee to permit certain Georgia residents to attend the University of Tennessee at Chattanooga without payment of out-of-state fees. 138 JOURNAL OF THE SENATE The following bills and resolutions of the Senate were introduced, read the first time and referred to committees: SB 106. By Senator Kidd of the 25th: A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration and the State Merit System of Personnel Administration, so as to repeal certain provisions relating to procedures for ad verse action against permanent status employees generally and procedures for conduct of hearings and appeals relating to adverse personnel actions. Referred to Committee on Governmental Operations. SB 107. By Senator Kidd of the 25th: A bill to amend Chapter 41 of Title 43 of the Official Code of Georgia Annotated, relating to the State Board of Recreation Examiners, so as to provide for the mandatory licensure of therapeutic recreation personnel in medically based set tings and the permissive certification of recreation personnel; to define minimum qualifications for licensure or certification; to provide for the composition of the board. Referred to Committee on Health and Human Services. SB 108. By Senator Timmons of the llth: A bill to amend Article 6 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to eligibility for retirement under the Teachers Retirement System of Georgia, so as to authorize early retirement on the basis of 30 years of service for certain members who will attain 30 years of service by not later than a certain date of an ensuing school year. Referred to Committee on Retirement. SB 109. By Senator Timmons of the llth: A bill to amend Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement under the Employees' Retirement System of Georgia, so as to provide for creditable service for certain out-of-state teaching service; to provide for definitions. Referred to Committee on Retirement. SB 110. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to provide that the offense of insurance fraud shall be a felony offense; to provide for the notification of law enforcement agen cies by insurers when such insurer has knowledge of a fraudulent insurance act which has not been reported to a law enforcement agency. Referred to Committee on Insurance and Labor. SB 111. By Senators Clay of the 37th, Ragan of the 32nd, Edge of the 28th and others: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the alcohol concentration level that constitutes driving under the influence; to change the presumptions which rise from certain alcohol concentrations; to provide for an effective date and for applicability. Referred to Committee on Judiciary. MONDAY, JANUARY 28, 1991 139 SB 112. By Senators Ramsey of the 54th and Hasty of the 51st: A bill to amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to district attorneys generally, so as to provide that a district attorney who is performing ordered military duty shall be eligible for reelection to such office; to provide procedures for such officer to qualify for reelection for such office; to provide for an effective date. Referred to Committee on Judiciary. SB 113. By Senators Clay of the 37th, Newbill of the 56th, Ragan of the 32nd and others: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the alcohol concentration level that constitutes driving under the influence; to change the presumptions which rise from certain alcohol concentrations. Referred to Committee on Judiciary. SB 114. By Senators Edge of the 28th, Collins of the 17th, Egan of the 40th and others: A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia Controlled Substances Act," so as to revise the provisions relating to property which is subject to forfeiture; to revise the provisions relating to practice and procedure in forfeiture cases brought under said article; to provide procedures for the protection of the interests of innocent secured parties. Referred to Committee on Special Judiciary. SB 115. By Senator Hasty of the 51st: A bill to amend Code Section 40-2-21 of the Official Code of Georgia Annotated, relating to staggered vehicle registration periods, so as to impose a penalty for registration prior to the first day of the registration period under certain conditions. Referred to Committee on Public Safety. SB 116. By Senator Hasty of the 51st: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for alternative staggered vehicle regis tration periods and require registration licensing within those periods; to provide for definitions; to change certain licensing and registration deadlines; to provide for penalties for late registration and for the disposition of such penalties. Referred to Committee on Public Safety. SB 117. By Senators Ragan of the 32nd, Baldwin of the 29th, Clay of the 37th and others: A bill to amend Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state and other flags, so as to provide certain minimum standards for material used in the manufacture of certain flags which are manu factured, offered for sale, or sold in the State of Georgia; to provide for defini tions; to provide for standards for such materials. Referred to Committee on Judiciary. SB 118. By Senators Langford of the 35th and Walker of the 43rd: A bill to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving dangerous instrumentalities and prac tices, so as to regulate the sale of pistols and revolvers; to make it unlawful for a 140 JOURNAL OF THE SENATE dealer to sell a pistol or revolver to any person except pursuant to certain condi tions and procedures; to define a certain term. Referred to Committee on Judiciary. SB 119. By Senator Newbill of the 56th: 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; to provide an effective date. Referred to Committee on Urban and County Affairs (General). SB 120. 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; to provide for other matters relative thereto; to provide an ef fective date. Referred to Committee on Judiciary. SB 121. By Senator Ragan of the 10th: A bill to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Teachers Retirement System of Georgia, so as to provide creditable service for certain graduate study; to provide for other matters relative thereto; to provide conditions for an effective date and for automatic repeal. Referred to Committee on Retirement. SB 122. By Senator Ragan of the 10th: A bill to amend Code Section 47-17-44 of the Official Code of Georgia Annotated, relating to the payment of dues under the Peace Officers' Annuity and Benefit Fund, so as to change the provisions relating to time limits for the purchase of certain creditable service; to provide for other matters relative thereto; to provide conditions for an effective date and for automatic repeal. Referred to Committee on Retirement. SB 123. By Senator Thompson of the 33rd: 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 change defi nitions; to redefine child welfare agency; to change the provisions relating to ap proval and inspections of family boarding homes, foster family homes, and family day-care homes approved, supervised, and used by child welfare agencies; to au thorize periodic, in lieu of annual, reports from child welfare agencies. Referred to Committee on Youth, Aging and Human Ecology. SB 124. By Senator Newbill of the 56th: A bill to provide for the determination of the millage rate by the governing au thority of Fulton County; to provide for definitions; to provide for certification of taxable values and millage rates by the tax commissioner of Fulton County; to provide for the adoption of millage rate resolutions and ordinances. Referred to Committee on Urban and County Affairs. MONDAY, JANUARY 28, 1991 141 SR 75. By Senator Phillips of the 9th: A resolution proposing an amendment to the Constitution so as to provide that certain bonds and other obligations to finance and provide public facilities for counties, municipalities, or other political subdivisions of the state shall consti tute debt of those political subdivisions and be required to be approved by the voters of those political subdivisions and subject to certain limitations; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Finance and Public Utilities. SR 76. By Senators Hasty of the 51st, Tate of the 38th, Huggins of the 53rd and Kidd of the 25th: A resolution proposing an amendment to the Constitution so as to prohibit for mer Judges of the Court of Appeals and former Justices of the Supreme Court from appearing as counsel in either court in which such person served until the expiration of five years from that person's last date of service in that court; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Judiciary. SR 90. By Senator Kidd of the 25th: A resolution authorizing the conveyance of certain state owned real property lo cated in Baldwin County, Georgia; to provide an effective date. Referred to Committee on Finance and Public Utilities. The following bills and resolutions of the House were read the first time and referred to committees: HB 127. By Representatives Jamieson of the llth and Dover of the llth: A bill to provide for the nonpartisan nomination and election of the chief magis trate of the Magistrate Court of Stephens County. Referred to Committee on Urban and County Affairs. HB 171. By Representative Greene of the 130th: A bill to create a board of commissioners of Webster County. Referred to Committee on Urban and County Affairs. HB 172. By Representative Yeargin of the 14th: A bill to amend an Act incorporating the City of Carlton, so as to change the time of election and terms of office of the mayor and councilman and change the provisions relating to vacancies. Referred to Committee on Urban and County Affairs. HR 15. By Representative Lane of the 27th: A resolution ratifying the alteration of regional development center boundaries established by the Board of Community Affairs. Referred to Committee on Urban and County Affairs (General). HR 131. By Representatives Poston of the 2nd, Murphy of the 18th, Snow of the 1st and others: A resolution urging the Governor and the General Assembly of the State of Ten nessee to permit certain Georgia residents to attend the University of Tennessee at Chattanooga without payment of out-of-state fees. Referred to Committee on Higher Education. 142 JOURNAL OF THE SENATE The following reports of standing committees were read by the Secretary: Mr. President: The Committee on Finance and Public Utilities has had under consideration the follow ing bills and resolutions of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 101. Do pass. SB 103. Do pass. SR 39. Do pass. SR 40. Do pass. SR 41. Do pass. SR 44. Do pass. SR 45 Do pass SR 55. Do pass. SR 67 ' Do pass. SR 42. Do pass. SR 68. Do pass. Respectfully submitted, Senator Starr of the 44th 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 63. Do pass. SB 64. Do pass. HB 7. Do pass. HB 44. Do pass. Respectfully submitted, Senator Harris of the 27th District, Chairman The following bills of the Senate were read the second time: SB 34. By Senators Turner of the 8th, Thompson of the 33rd, Broun of the 46th and others: A bill to amend Code Section 7-1-745 of the Official Code of Georgia Annotated, relating to the powers of business development corporations, so as to repeal the requirement that the corporation not approve any loan application unless the applicant has been refused a loan by at least two other financial institutions; to provide for applicability. SB 35. By Senators Turner of the 8th, Thompson of the 33rd, Broun of the 46th 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 change the definition of eligible persons and families; to change and clarify certain powers of the authority; to increase the single-family bonding cap; to pro vide an effective date. SB 39. By Senators Turner of the 8th, Deal of the 49th, Broun of the 46th and others: A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," so as to prohibit merchants from requiring a purchaser's telephone number as a condi tion of purchase when payment for the transaction is made by credit card. MONDAY, JANUARY 28, 1991 143 The following communications were read by the Secretary: The General Assembly Atlanta TO: HONORABLE MAX CLELAND SECRETARY OF STATE This is to certify that Honorable Max Goldin, Haralson County, has been elected, pur suant to the provisions of O.C.G.A. Section 32-2-20 relative to the State Transportation Board, as a member of the State Transportation Board from the Sixth Congressional Dis trict for a term of five years and until his successor is elected and qualified, such term beginning April 16, 1991, and expiring April 15, 1996. This 17th day of January, 1991. /s/ Pierre Howard President of the Senate /s/ Thomas B. Murphy Speaker, House of Representatives The General Assembly Atlanta TO: HONORABLE MAX CLELAND SECRETARY OF STATE This is to certify that Honorable Brad Hubbert, Fulton County, has been elected, pur suant to the provisions of O.C.G.A. Section 32-2-20 relative to the State Transportation Board, as a member of the State Transportation Board from the Fifth Congressional Dis trict for a term of five years and until his successor is elected and qualified, such term beginning April 16, 1991, and expiring April 15, 1996. This 17th day of January, 1991. /s/ Pierre Howard President of the Senate /s/ Thomas B. Murphy Speaker, House of Representatives The following communications from Honorable Max Cleland, Secretary of State, were received and read by the Secretary: STATE OF GEORGIA Office of Secretary of State I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of persons numbered 650 through 844, who have registered in the Docket of Legislative Appearance as of January 18, 1991, 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 18th day of January, in the year of our Lord One Thousand Nine Hundred and Ninety-One and of the Independence of the United States of America the Two Hundred and Fifteenth. (SEAL) /s/ Max Cleland Secretary of State 144 JOURNAL OF THE SENATE 650. David W. Dickerson, Jr. Rt. 4, Box 143-B Fairburn, Georgia 30213 (404) 761-8343 Georgia Federation of Christian Colleges and Universities Family Concerns 651. John O'Callaghan 68 Mitchell Street Atlanta, Georgia 30335 City of Atlanta City of Atlanta 652. Ann Adamson 21 Finch Trail, NE Atlanta, Georgia 30308 (404) 873-3728 Joe Sports Associates, Inc. 653. Joseph J. Kelly 4 Executive Park Atlanta, Georgia 30329 (404) 329-5450 Texaco Incorporated Star Enterprise 654. Linda C. Jones Post Office 29217 Atlanta, Georgia 30359 (404) 622-0052 Georgia Chapter of the Sierra Club Atlanta Audubon Society 655. Render Hill Court Square Greenville, Georgia 30222 (404) 672-1227 Sprinti Incorporated 656. Calvin E. Sims, Sr. 2865 Cloverleaf Drive Atlanta, Georgia 30316 (404) 522-0684 Amalgamated Transit Union Local 732 657. Jack L. Stephens, Jr. 2424 Piedmont Road Atlanta, Georgia 30324 (404) 848-5056 Metropolitan Atlanta Rapid Transit Authority 658. Bob Williams Post Office Box 150 Jacksonville, Florida 32201 (904) 798-5633 Jefferson Smurfit Corp. & Container Corp. of America 659. Ronald M. Davis Route 3, Box 197 Vidalia, Georgia 30474 (912) 537-4332 Brotherhood of Maintenance of Way Employees 660. Jeff Bickerstaff 1821 Iris Drive Columbus, Georgia 31906 (404) 596-3483 American Family Life Assurance Company of Columbus 661. Kathryn M. Usrey 295 River Valley Road Atlanta, Georgia 30328 Family Concerns 662. David A. Miller, Jr. 1000 Abernathy Road, Bldg. 400 Suite 1250 Atlanta, Georgia 30328 (404) 391-8500 Family Concerns, Inc. 663. Curley M. Dossman, Jr. 1200 Peachtree Street Room 12164 Atlanta, Georgia 30309 (404) 873-7794 AT&T & Its Affiliated Companies 664. Charles Wright 3065 Cumberland Circle Atlanta, Georgia 30339 (404) 859-8508 US Sprint 665. Cheatham E. Hodges, Jr. 3200 Deans Bridge Road Augusta, Georgia 30906 (404) 798-1719 Georgia Military College Prudential Corporation of America American Association of Architects Georgia Chapter Eonsia Physical Therapy Association Georgia Catholic Conference Hodges Corporation, The, and Its Clients 666. Linda G. Womack 2100 East Exchange Place Post Office Box 1349 Tucker, Georgia 30085-1349 (404) 270-7935 Oglethorpe Power Corporation MONDAY, JANUARY 28, 1991 145 667. Beth Sanders 2100 East Exchange Place Post Office Box 1349 Tucker, Georgia 30085 (404) 270-7541 Oglethorpe Power Corporation 668. Mark A. Fackler 1404 8th Avenue Albany, Georgia 31707 (912) 436-8365 Georgia Credit Union Affiliates 669. Betsy Brown 2228 Major Loring Way Marietta, Georgia 30064 (404) 590-7327 Pharmaceutical Manufacturers Association Schering Corporation 670. Aubrey T. Villines, Jr. Suite 520-South Tower One CNN Center Atlanta, Georgia 30303-2705 (404) 525-7620 Georgia Mental Health Counselors Association Georgia Society of Clinical Social Workers Crown Central Petroleum Corporation Crown Stations, Inc. Fast Fare, Inc. Georgia Chiropractic Association, Inc. Chiropractic Political Action Committee Georgia Trial Lawyers Association, Inc. Lawyers Political Action Committee (LAWPAC) Georgia Association for Marriage and Family Therapy Georgia Chapter of National Assn. of Social Workers Private Rehabilitation Suppliers of Georgia 671. Suzanne M. Justus 3402 Shawnee Trail Smyrna, Georgia 30080 (404) 435-2670 Concerned Women for America Georgia Right to Life 672. Bobbie J. Sharp 3951 Snapfinger Parkway Decatur, Georgia 30035 (404) 289-5867 Georgia Association of Educators 673. Kevin Pearson 3951 Snapfinger Parkway Decatur, Georgia 30035 (404) 289-5867 Georgia Association of Educators 674. Anita Brooks 374 Maynard Terrace Atlanta, Georgia 30316 (404) 377-8924 Atlanta Federation of Teachers Georgia Federation of Teachers 675. Frances Parham 100 Edgewood Avenue #1010 Atlanta, Georgia 30303 (404) 522-8683 League of Women Voters of Georgia, Inc. 676. Sheila Mallon 3522 Evans Ridge Tr. Atlanta, Georgia 30340 (404) 416-0105 Project Common Sense 677. Doug Turner 3937 Holcomb Bridge Road Suite 300 Norcross, Georgia 30092 (404) 446-8032 Life PAC 678. Ski Bashinski 3009 Rainbow Drive Suite 123 Decatur, Georgia 30034 (404) 241-4095 Georgia Coroner's Association Georgia Funeral Directors Association Georgia Automatic Merchandising Council Surveying and Mapping Society of Georgia Greater Atlanta Fabricare Association Georgia Cemetery Association 679. R. Mark Holloway 305 Coliseum Drive Macon, Georgia 31210 (912) 741-8012 Greater Macon Chamber of Commerce 146 JOURNAL OF THE SENATE 680. Howell W. Ragsdale Flatiron Building Suite 601 Atlanta, Georgia 30303 (404) 581-0088 Ticketmaster, S.E. 681. Paul L. Hanes 84 Peachtree Street #601,84 Atlanta, Georgia 30303 Ticketmaster, S.E. 682. Linda O. Hentz 3555 Lawrenceville Highway #C-1 Tucker, Georgia 30084 (404) 493-4064 American College of Nurse-Midwives, Georgia Chapter 683. Thomas J. Myers 2222 Bull Street Savannah, Georgia 31402 (912) 233-8822 Professional Firefighters of Georgia 684. William M. Bates 161 Spring Street, N.W. Suite 812 Atlanta, Georgia 30303 (404) 588-1707 Georgia Warehouse Assn. Bates Associates Morehouse School of Medicine Grady Memorial Hospital 685. Debbie Pulley 5257 Rosestone Drive Lilburn, Georgia 30247 (404) 381-2339 Georgia Friends of Midwives 686. Martin M. Wilson 400 Colony Square 1201 Peachtree Suite 2200 Atlanta, Georgia 30361 (404) 881-3095 American Council of Life Insurance Georgia Association of Health Maintenance Organization 687. J. David Porter 511 Susan Creek Drive Stone Mountain, Georgia 30083-4165 (404) 294-4414 Legal, Inc. Young Democrats of Georgia Young Democrats of America 688. Phillip W. Brooks 3340 Peachtree Road, N.E. Suite 600 Atlanta, Georgia 30326 (404) 262-5591 Ashland Oil, Inc. & Subsidiary Companies 689. Hannah M. Branton 2947 Greenbrook Way, N.E. Atlanta, Georgia 30345 (404) 325-9199 League of Women Voters of Georgia Georgia Housing Coalition 690. Jim Freeman Post Office Box 9 Bolingbroke, Georgia 31004 (404) 742-9094 Georgia Crush Stone Association 691. Maria Gaudio 1359 Old Virginia Court Marietta, Georgia 30067 (404) 933-9155 Physical Therapy Association of Georgia 692. VOID 693. Maria R. Strollo 100 Cumberland Circle Suite 1850 Atlanta, Georgia 30339 (404) 955-6992 Miller Brewing Company 694. Robert C. Hunt 100 Cumberland Circle Suite 1850 Atlanta, Georgia 30339 (404) 955-6992 Miller Brewing Company 695. Ann M. Cherin C/O Dunwoody High School Dunwoody, Georgia 30338 (404) 394-7879 Student Coalition Against Rampant Intoxicated Drivers 696. Hazel C. Cotney 142 Mitchell Street, SW Suite LL1 Atlanta, Georgia 30303 (404) 688-3730 Georgia Chiropractic Association MONDAY, JANUARY 28, 1991 147 697. Edward M. Bateson 142 Mitchell Street S.W. Suite LL1 Atlanta, Georgia 30303 (404) 688-3730 Georgia Chiropractic Association, Inc. 698. Thomas J. Kirchhofer 142 Mitchell Street S.W. Suite LL1 Atlanta, Georgia 30303 (404) 688-3730 Georgia Chiropractic Association, Inc. 699. George E. Hibbs 3343 Peachtree Road N.E. 1600 Atlanta Financial Center Atlanta, Georgia 30326 (404) 233-7000 Morris, Manning & Martin State Bar of Georgia 700. Harold E. Hendrix 700 N. Hamilton Street Post Office Box 982 Dalton, Georgia 30722 (404) 278-7677 Environcycle Inc. of Georgia 701. Tommy L. Barrett Post Office Box 247 Baldwin, Georgia 30511 (404) 778-6341 Mayor, City of Baldwin 702. James Bellamy Post Office Box 42 Baldwin, Georgia 30511 (404) 778-2896 City of Baldwin 703. James L. Hutto 44 Broad Street Atlanta, Georgia 30303 (404) 525-1537 Georgia Highway Contractors Association 704. F. Wade Scholes Post Office Box 77102 Atlanta, Georgia 30357 (404) 876-0353 Kidd & Associates 705. Rick McDevitt 34 Peachtree Street Suite 2180 Atlanta, Georgia 30303 (404) 588-0708 Georgia Alliance for Children, Inc. 706. June R. Jansen Two Northside 75 214 Beta Building Atlanta, Georgia 30318 (404) 351-3930 Consulting Engineers Council/Georgia 707 Lonnie Sundermeyer 100 Edgewood Avenue Suite 1010 Atlanta, Georgia 30303 (404) 522-8683 League of Women Voters of Georgia 708. Maureen M. Lok 3793 Raccoon Run Marietta, Georgia 30062 (404) 522-8683 League of Women Voters of Georgia 709. Naomi Walker Post Office Box 407 3000 Woodrow Way Atlanta, Georgia 30319 (404) 261-3069 League of Women Voters 710. Barbara B. Stalzer 120 Ralph McGill Boulevard Suite 1600 Atlanta, Georgia 30308 (404) 892-3100 Planned Parenthood of the Atlanta Area Georgia Council on Child Abuse Visiting Nurse Association Georgia Psychiatric Physicians Association Girl Scout Councils of Georgia School Social Workers Association of Georgia Clearinghouse on Georgia Prisons and Jails 711. Hinson, McAuliffe 55 Silverwood Road N.E. Atlanta, Georgia 30342 (404) 255-0680 Georgia Council on Moral and Civil Concerns Georgia Baptist Convention Public Affairs Committee 712. Marjorie H. Davis 1478 Cambridge Common Decatur, Georgia 30033 (404) 633-9678 Sierra Club 148 JOURNAL OF THE SENATE 713. Jim Comerford 938 Peachtree Street, N.E. Atlanta, Georgia 30309 (404) 876-7535 Medical Association of Georgia 714. David S. Morrison 1240 Johnson Ferry Road A-50 Marietta, Georgia 30068 (404) 971-6227 Legisletter, Inc. 715. Daniel L. Williams, Jr. Post Office Box 99 Woodbine, Georgia 31569 (912) 576-5601 Camden County Commissioners 716. Charles L. Clark Post Office Box 99 Woodbine, Georgia 31569 (912) 576-5601 Camden County Commissioners 717. Tilden L. Norris Post Office Box 99 Woodbine, Georgia 31569 (912) 576-5601 Camden County Commissioners 718. Ken Gay Post Office Box 316 Kingsland, Georgia 31548 (912) 576-5601 Camden County Commissioners 719. E. B. Herrin Post Office Box 99 Woodbine, Georgia 31569 (912) 576-5601 Camdem County Commissioners 720. John S. Peterson Post Office Box 99 Woodbine, Georgia 31569 (912) 576-5601 Camden County Commissioners 721. Andrew W. Dod 191 Peachtree Street Atlanta, Georgia 30335 (404) 572-6600 Georgia High Tech Alliance, Inc. Powell, Goldstein, Frazer & Murphy 722. Holly Hardin North X Northwest Office Park Atlanta, Georgia 30339 (404) 955-0324 Georgia Hospital Association Morehouse School of Medicine Grady Memorial Hospital 723. Ray A. Adams Post Office Box 629 155 Temple Road Carrollton, Georgia 30117 (404) 832-3552 Carroll Electric Membership Corporation 724. Thomas V. Vogelsang 220-C W. Tharpe Street Tallahassee, Florida (904) 386-5154 American General Finance 725. H. S. Linton 1640 Powers Ferry Road Building 18, Suite 370 Atlanta, Georgia 30067 (404) 955-7515 GTE South, Inc. 726. Henry Turner 100 Crescent Centre Parkway #9 Atlanta, Georgia 30328 (404) 497-9029 Philip Morris USA 727. Wayne Reece 2 Peachtree Street Suite 1800 Atlanta, Georgia 30303 (404) 681-2222 JM Family Enterprises Southeast Toyota Distributors, Inc. JMIC Life Insurance World Omni Corp. Northside Hospital Georgia Mountain Apple Growers Association Motorcycle Industry Council 728. Michael Sard 2 Peachtree Street Suite 1800 Atlanta, Georgia 30383 (404) 681-2222 JM Family Enterprises Southeast Toyota Distributors, Inc. JMIC Life Insurance World Omni Corp. Northside Hospital Georgia Mountain Apple Growers Association Motorcycle Industry Council MONDAY, JANUARY 28, 1991 149 729. Jim Kulstad 233 Mitchell Street S.W. Atlanta, Georgia 30303 (404) 588-9455 Campaign for a Prosperous Georgia Common Cause of Georgia 730. Susan K. Snyder 1362 W. Peachtree Street N.W. Atlanta, Georgia 30030 (404) 876-4621 Georgia Nurses Association 731. Martha Ford 1362 W. Peachtree Street N.W. Atlanta, Georgia 30030 (404) 876-4621 Georgia Nurses Association 732. A. J. Mote Post Office Box 91169 East Point, Georgia 30364 (404) 767-3311 Georgia State Lodge, Fraternal Order of Police 733. Edward L. Hartness Post Office Box 29 Gainesville, Georgia 30503 (404) 535-7000 Georgia State Lodge, Fraternal Order of Police 734. George B. Elderr 2000 Powers Ferry Road Suite 600 Marietta, Georgia 30067 (404) 951-7950 Southeast Recycling Corporation Southeast Paper Manufacturing Company 735. Robert P. Constantine, Jr. 229 Peachtree Street, N.E. Suite 1202 Atlanta, Georgia 30303 (404) 688-3330 Georgia Society of Anesthesiologists The Prudential Insurance Company of America Voyager Group, Inc. Health Insurance Association of America MAG Mutual Insurance Company Financial Life Insurance Company of Georgia American International Group 736. Georgia B. Murphy 601 Bridge Lane Smyrna, Georgia 30082 (404) 435-5999 Georgia Chiropractic Association, Inc. 737. Mather Stapleton 5154-G East Ponce de Leon Avenue Stone Mountain, Georgia 30083 (404) 294-9300 United Transportation Union (UTU) 738. Deana Womack 3154 Skyview Lane Marietta, Georgia 30066 (404) 427-3911 International Assn. of Machinists & Aerospace Workers, Local 709 739. Vann D. Mobley 4476 Calomet Drive Kennesaw, Georgia 30144 (404) 974-0904 Georgia State Council of Machinists 740. Robert E. Cantrell 1606 Gaylor Street Smyrna, Georgia 30082 (404) 428-3385 Georgia State Council of Machinists 741. Carl Mason 3790 Brook Way Atlanta, Georgia 30331 (404) 494-7559 International Assn. of Machinists & Aerospace Workers, Local 709 742. Carolyn P. Golden 101 Blake Court Stockbridge, Georgia 30281 (404) 474-6717 Right to Life Christian Coalition 743. Susan Randolph 97 Sowell Road McDonough, Georgia 30253 (404) 954-1332 Christian Coalition 744. Karen Tarlano 9607 Roberts Drive Atlanta, Georgia 30303 (404) 640-2300 Browning-Ferris Industries 150 JOURNAL OF THE SENATE 745. Jack C. Dozier 301 Old Hickory Trail, North Carrollton, Georgia 30117 (404) 836-6754 Georgia Water & Pollution Control Association 746. Susan M. Blair 604 Conway Forest Drive, N.W. Atlanta, Georgia 30327 (404) 255-0800 Georgia Sports Shooting Assn. Citizens for Safe Government 747. William Morie 4000 Cumberland Parkway 900A Atlanta, Georgia 30339 (404) 432-1658 Georgia Automobile Dealers Association 748. Harriet L. Cohen 3120 Raymond Drive Atlanta, Georgia 30340 (404) 451-1300 Alzheimer's Association-Atlanta 749. Judy Yates 1112 Springdale Road Atlanta, Georgia 30306 (404) 373-2112 Alzheimer's Association-Atlanta 750. Brent Alspach SCARID c/o Dunwoody High School 5035 Vermack Road Dunwoody, Georgia 30338 (404) 344-4442 Student Coalition Against Rampant Intoxicated Drivers 751. Tommy Cook 920 Green Street Conyers, Georgia 30207 (404) 785-9855 Georgia Osteopathic Medical Association 752. Gayle Miller 95 Cat Cay Court Dunwoody, Georgia 30350 (404) 395-9064 Sierra Club 753. John P. Silk 1900 Century Boulevard Suite 8 Atlanta, Georgia 30345 (404) 321-5368 Georgia Telephone Association 754. Cathy Freeman 21 Finch Trail Atlanta, Georgia 30308 (404) 873-3728 Joe Sports Associates, Inc. 755. Lucille H. Bennett 3428 Greenville Road Kingsland, Georgia 31548 (912) 729-4169 Abate of Georgia, Inc. 756. Tris A. Sevdy 104 Adell Court Peachtree City, Georgia 30269 (404) 487-1236 Georgia Right to Life-Fayette County Chapter 757. Barbara T. Johnson 922 Court Street Conyers, Georgia 30207 (404) 929-4006 Georgians for Victim Justice 758. James R. McGibbon 999 Peachtree Street Sutherland Asbill & Brennan Atlanta, Georgia 30309 (404) 853-8122 Georgians for Responsible Medicine CIBA-CEIGY Corporation 759. Anne W. Bramlette Suite 200 1340 Spring Street, NW Atlanta, Georgia 30309 (404) 885-1578 Georgia School Age Childcare Council 760. Stewart AcuflF 501 Pulliam Street, S.W. Suite 535 Atlanta, Georgia 30312 (404) 523-7884 Georgia State Employees Union/ SEIU/AFL-CIO 761. John Harsch 6185 Jonesboro Road Morrow, Georgia 30260 (404) 968-0477 Clayton County Children's Legislative Action Committee 762. Adriane McCranie 3301 A Flowers Road, South Atlanta, Georgia 30341 (404) 452-9896 ICI Pharmaceuticals Group MONDAY, JANUARY 28, 1991 151 763. John Bowdish 3030 Cornwallis Road Research Triangle, North Carolina 27709 (919) 248-4551 Burroughs Wellcome Company 764. Gayle Hughes 4654 Ruby Road Stone Mountain, Georgia 30083 (404) 292-1863 Georgia Forum 765. Marie P. Mitchell 715 McLendon Street Ashburn, Georgia 31714 (912) 567-2387 Professional Association of Georgia Educators 766. Nancy Hayes Kitchens 2720 Cowan Drive Maconston, Georgia 31204 (912) 746-6726 Professional Association of Georgia Educators 767. Lana L. Smith 104 Echo Lane Warner Robins, Georgia 31088 (912) 922-3494 Professional Association of Georgia Educators 768. David 0. Eldridge 1355 Peachtree Street Suite 300 Atlanta, Georgia 30309 (404) 888-6175 The Georgia Conservancy 769. Monica C. Jones 300 W. Peachtree Street Atlanta, Georgia 30308 (404) 584-0514 Atlanta Task Force for Persons With Disabilities 770. John D. Gibbs 930 Hargett Court Stone Mountain, Georgia 30083 (404) 294-5956 American Association of Retired Persons 771. Beth Atkins 650 Georgia Avenue Atlanta, Georgia 30308 (404) 523-1227 National Organization for Women 772. Brian T. Evans Post Office Box 210 Juliette, Georgia 31046 (912) 986-4620 Georgia Residential Child Care Association Coalition for Fairness in Funding Appleton Family Ministries 773. W. David Lane 584 Horse Ferry Road Lawrenceville, Georgia 30244 (404) 979-1783 Coalition for Fair Funding 774. Rod Chatham South Fulton Vocational Center 4025 Flat Shoals Road College Park, Georgia 30349 (404) 969-3445 Professional Association of Georgia Educators 775. Steve Bailey 101 Student Ctr. West Georgia College Carrollton, Georgia 30118 (404) 836-6528 West Georgia College Student Government Association 776. Billy Quevedo West Georgia College Carrollton, Georgia 30118 (404) 836-6528 West Georgia College Student Government 777. Michael T. Coan SGA, West Georgia College Carrollton, Georgia 30118 (404) 836-6526 Student Government Association, West Ga. College 778. John M. Mason 101 Student Ctr. West GA College Carrollton, Georgia 30118 (404) 836-6528 West Georgia College Student Government Association 779. Sunnidawn Stabler 101 Student Ctr West GA College Carrollton, Georgia 30118 (404) 836-6528 West Georgia College Student Government Association 152 JOURNAL OF THE SENATE 780. Ginger Jackson SGA West GA College Carrollton, Georgia 30118 (404) 836-6526 West GA College Student Government Association 781. Lalani Lynch 101 Student Center West Georgia College Carrollton, Georgia 30118 (404) 836-6528 West Georgia College Student Government Association 782. Kelly Sullivan 101 Student Center - WGC Carrollton, Georgia 30118 (404) 836-6528 West Georgia College Student Government Association 783. Alien D. Jackson SGA West Georgia College Carrollton, Georgia 30118 (404) 836-6526 West Georgia College Student Government Association 784. Clif Deaton SGA West Georgia College Carrollton, Georgia 30118 (404) 836-6526 West Georgia College Student Government Association 785. Jeff Williams 2400 Pleasant Hill Road Duluth, Georgia 30136 (404) 476-9625 Citizens Lobby for Kids Norton PTA Georgia Credit Union Affiliates 786. Martha H. Pennington 3700 B Market Street Clarkston, Georgia 30021 (404) 292-7243 Professional Association of Georgia Educators Georgia Congress of Parent-Teacher Association Southern Bicycle League 787. Ron Parker 2210 Sullivan Road College Park, Georgia 30337 (404) 767-0884 Chemoco Oil & Chemical 788. Luann M. Avery Central Elementary, Calhoun Street Dublin, Georgia 31021 (912) 272-0502 Professional Association of Georgia Educators 789. Charles R. Bennett 1304 East Evans Street Bainbridge, Georgia 31717 (912) 248-2238 Professional Association of Georgia Educators 790. Mildred Blackburn Evans Middle School Post Office Box 129 Evans, Georgia 30809 (404) 863-2275 Professional Association of Georgia Educators 791. Garland C. Moore 3411 Austell Road Bldg. No. 1, Suite 200 Marietta, Georgia 30060 (404) 434-3352 Ross, Russell, Ellis and Bailey (Tradename of Research Excellence) Georgia School Plant Maintenance Association, Inc. (GSPMA) 792. Ben Barren Ross 3411 Austell Road Marietta, Georgia 30060 (404) 434-3436 Georgia School Plant Maintenance Assoc. Inc. 793. Paul J. Emrick 1100 15th Street, N.W. Suite 900 Washington, D.C. 20005 (202) 835-3529 Pharmaceutical Manufacturers Association 794. Kelvin F. MacDonald Post Office Box 81474 Atlanta, Georgia 30366 (404) 454-7612 Georgia Right to Life Committee, Inc. 795. VOID MONDAY, JANUARY 28, 1991 153 796. Verdaillia Turner 374 Maynard Terrace Atlanta, Georgia 30316 (404) 377-8924 Atlanta Federation of Teachers (AFT) 797. Carolyn Garcia 407 St. Albans Court Mableton, Georgia 30059 (404) 941-6712 Georgia Right to Life Committee Concerned Women for America 798. Martha T. Bobbitt Central Elementary Calhoun Street Dublin, Georgia 31021 (912) 272-0502 Professional Association of Georgia Educators 799. Joseph B. Boland 5235 Powder Springs Road Austell, Georgia 30001 (404) 948-6451 Professional Association of Georgia Educators 800. Valerie Buchanan 720 Country Club Road Newnan, Georgia 30263 (404) 254-2890 Professional Association of Georgia Educators 801. Dennis S. Losin 230 Peachtree Street, N.W. Suite 210 Atlanta, Georgia 30303 (404) 222-6911 First American Bank of Georgia, N.A. 802. Dr. Jesse E. Bradley, Jr. Post Office Box 157 Reidsville, Georgia 30453 (912) 557-4726 Tattnall County Board of Education 803. Delores B. Byrne Johnson Street Elementary Johnson Street Dublin, Georgia 31021 (912) 272-4244 Professional Association of Georgia Educators 804. Charles Coleman Metter High School 413 W. Vertia Street Metter, Georgia 30439 (912) 685-2134 Professional Association of Georgia Educators 805. Alton C. Crews 592 10th Street NW Atlanta, Georgia 30318-5790 (404) 875-9211 Professional Association of Georgia Educators 806. Cheryl O. Early East Hall Middle School 4120 East Hall Road Gainesville, Georgia 30505 (404) 531-9457 East Hall Middle School 807. Jacqueline Elrod 1131 Briar Vista Terrace N.E. Atlanta, Georgia 30305 (404) 634-0972 Briar Vista School DeKalb County Board of Education 808. Florence S. Flanders 3700 B Market Street Post Office Box 636 Clarkston, Georgia 30033 (404) 292-7243 Professional Association of Georgia Educators 809. Jim Gurley Post Office Box 606 Bainbridge, Georgia 31717 (912) 246-7923 Professional Association of Georgia Educators 810. Dr. Sarah B. Hawthorne 3769 Ridge Avenue Macon, Georgia 31204 (912) 474-8522 Professional Association of Georgia Educators Middle Georgia Teacher Support Program 811. Ann S. Howell Marion County Elementary Post Office Box 16 Buena Vista, Georgia 31803 (912) 649-2145 Professional Association of Georgia Educators 154 JOURNAL OF THE SENATE 812. Carlos Lankford Nicholls School Nicholls, Georgia 31554 (912) 384-3611 Professional Association of Georgia Educators 813. Linda M. Lewis 500 Northside Drive E. Statesboro, Georgia 30458 (912) 764-6201 Professional Association of Georgia Educators 814. Dr. J. Patrick Mahon Shiloh High School 4210 Shiloh Road Lithonia, Georgia 30058 (404) 972-8481 Professional Association of Georgia Educators Georgia Association of Secondary School Principals 815. Mrs. Johnnie R. Miller Dunwoody High School 5035 Vermack Road Dunwoody, Georgia 30338 (404) 451-4613 Professional Association of Georgia Educators 816. R. Donald Murphy Cobb County Public Schools 514 Glover Street Marietta, Georgia 30060 (404) 426-3303 Cobb County School District Professional Association of Georgia Educators Georgia Middle School Association Georgia Association of Educational Leaders 817. M. Harris Mynatt 4735 Boxwood Lane Acworth, Georgia 30101 (404) 428-5459 Professional Association of Georgia Educators 818. Dr. John A. Phillips, Jr. 954 N. Main Street Conyers, Georgia 30207 (404) 483-4713 Professional Association of Georgia Educators Georgia School Superintendent Association 819. Donna H. Powers Dacula High School 123 Broad Street Dacula, Georgia 30211 (404) 963-6664 Professional Association of Georgia Educators Georgia Vocational Association 820. Virginia Y. Reynolds Dublin High School Calhoun Street Dublin, Georgia 31021 (912) 272-8122 Professional Association of Georgia Educators 821. Debbie Roberts 1255 Dogwood Road Brookwood High School Snellville, Georgia 30278 (404) 972-7642 Professional Association of Georgia Educators Professional Practices Commission 822. Charlie L. Roberts 2011 51st Street Columbus, Georgia 31904 (404) 327-5155 Professional Association of Georgia Educators 823. Dr. Donald O. Rooks Jefferson City Schools Post Office Box 507 Jefferson, Georgia 30549 (404) 367-9831 Jefferson City Schools Professional Association of Educators Georgia School Superintendents Association 824. Kenneth W. Russell Gordon Central High 335 Warrier Path N.E. Calhoun, Georgia 30701 (404) 629-7391 Professional Association of Georgia Educators 825. J. Lamar Scott 1050 Washington Highway Elberton, Georgia 30635 (404) 283-4642 Elbert County Board of Education Professional Association of Georgia Educators MONDAY, JANUARY 28, 1991 155 826. Dr. Vee Simmons 241 Westchester Drive Decatur, Georgia 30030 (404) 373-8118 Professional Association of Georgia Educators 827. Patricia E. Storey Susie Dasher Kindergarten South Washington Street Dublin, Georgia 31021 (912) 272-1207 Professional Association of Georgia Educators 828. Gary Walker 310 Old Mill Road Cartersville, Georgia 30120 (404) 382-5880 Professional Association of Georgia Educators 829. Louise B. Warren 251 Bridge Road Beaverbrook Elementary Griffin, Georgia 30223 (404) 229-3750 Professional Association of Georgia Educators 830. Virlyn Slaton 3650 Habersham Road Post Office Box 52903 Atlanta, Georgia 30305 (404) 261-0612 Georgians for Horse Racing 831. Raymond Cecil Taylor Post Office Box 9823 Columbus, Georgia 31908-9823 (404) 561-5419 Brotherhood of Locomotive Engineers 832. Jan Arias 2717 Northbrook Drive Atlanta, Georgia 30340 (404) 938-1446 Georgia Friends of Midwives 833. Julia Ferguson Sawyer 33 Walker Terrace Atlanta, Georgia 30309 (404) 876-4283 Georgia Citizens for the Arts 834. John Furman 3832 Vineyard Trace Marietta, Georgia 30062 (404) 973-8738 Georgia Association of Broadcasters, Inc. 835. Dr. Louis C. Lamotte, Jr. 4820 Leeds Court Dunwoody, Georgia 30338 (404) 396-5152 Georgia Federal & Military Retirees Coalition 836. P. Phillip Day 2175 Northlake Parkway Suite 128 Tucker, Georgia 30084 (404) 934-3919 Georgia Independent Automobile Dealers Association 837. Roscoe R. Roberts, III 301 Lakefront Drive Warner Robins, Georgia 31088-6021 (912) 923-5015 Houston County Taxpayers Association 838. Sharon M. Adams 1009 Oglethorpe Avenue Atlanta, Georgia 30310 (404) 871-8180 Massachusetts Indemnity & Life Insurance Co./A.L. Williams Corp. Prime Cable Georgia Cable Television Association 839. Lelia Cheney-Pettway 374 Maynard Terrace, S.E. Atlanta, Georgia 30317 (404) 373-1589 The Atlanta Federation of Teachers The Georgia Federation of Teachers American Federation of LaborCongress of Industrial Organization 840. Arthur Krotz, R.N. Three Finch Trail, N.E. Atlanta, Georgia 30308 (404) 881-8526 Georgia Nurses Association 841. Sharon Wilder Post Office Box 1776 285 Peachtree Street Atlanta, Georgia 30301 (404) 656-0577 Georgia Industrial Developers Association 156 JOURNAL OF THE SENATE 842. Ellen Spears 233 Mitchell Street Suite 200 Atlanta, Georgia 30303 (404) 523-6201 American Civil Liberties Union of Georgia 844. Lewis Wright 1654 Upper River Road Macon, Georgia 31211 (404) 745-5481 Professional Association of Georgia Educators 843. Helga Nehl Post Office Box 129 Kingston, Georgia 30145 (404) 336-5521 Informed Health Care Association of Georgia, Inc. Secretary of State Elections Division 110 State Capitol Atlanta, Georgia 30334 January 25, 1991 The Honorable Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, Georgia 30334 Dear Mr. McWhorter, Jr.: I am transmitting to you herewith a certified list of those persons who have registered in the Docket of Legislative Appearance for the 1991 Regular Session as of 2:30 p.m. on January 25, 1991. The list is numbered 845 through 877. Most sincerely, /s/ Max Cleland Secretary of State Attachments: Received by Is/ Hamilton McWhorter, Jr. STATE OF GEORGIA Office of Secretary of State I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of persons numbered 845 through 877, who have registered in the Docket of Legislative Appearance as of January 25, 1991, 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 25th day of January, in the year of our Lord One Thousand Nine Hundred and Ninety-One and of the Independence of the United States of America the Two Hundred and Fifteenth. (SEAL) /s/ Max Cleland Secretary of State MONDAY, JANUARY 28, 1991 157 845. Merri M. Brantley 3951 Snapfinger Parkway Decatur, Georgia 30035 (404) 289-5867 Georgia Association of Educators 846. K. D. Glover 100 Edgewood Avenue Atlanta, Georgia 30303 (404) 942-3164 Georgia League of Women Voters 847. Elspeth Willcoxon 43 Roswell Court N.E. Atlanta, Georgia 30305 (404) 233-5165 Junior League of Atlanta 848. Mary N. Long 1362 West Peachtree Atlanta, Georgia 30310 (404) 876-4642 Georgia Nurses Association 849. Elaine La Londe 100 Edgewood Avenue #1010 Atlanta, Georgia 30303 (404) 522-8686 League of Women Voters of Georgia, Inc. 850. Verna G. Farmer 907 Fireside Way Stone Mountain, Georgia 30083 (404) 292-6780 Georgia Federation of Women's Club 851. Kenneth D. Wright 215 D. Glenwood Avenue Raleigh, North Carolina 27603 (919) 833-7444 Stedman Associates 852. Don Vaughn Post Office Box 2909 Asheboro, North Carolina 27204 (919) 626-2176 Stedman Associates 853. Neal H. Ray 1940 Equitable Building Atlanta, Georgia 30303 (404) 521-2268 Heyman & Sizemore 854. W. Thomas Kemp, III Post Office Box 31142 Atlanta, Georgia 31332 (404) 676-0894 Student Government Association of Georgia Tech 855. VOID 856. Charles H. Hood Post Office Box 105605 Atlanta, Georgia 30348 (404) 521-4756 Georgia Pacific Corporation 857. Julie Rawls-Brunner, R.N. 1668 Pine Glen Circle Decatur, Georgia 30035 (404) 289-6813 Georgia Nurses Association 858. Bobby L. Green 2238 Colleen Court Decatur, Georgia 30032 (404) 289-4931 The American Society of Mechanical Engineers (A.S.M.E.) 859. Roger D. Williams 46 5th Street N.E. Atlanta, Georgia 30308 (404) 892-0026 American Cancer Society, Georgia Division, Inc. 860. Bernadine B. Cantrell 4041 Randall Mill Road, N.W. Atlanta, Georgia 30327 (404) 231-0717 Family Concerns 861. Donna Pettibone 1424 Ashley Creek Circle Stone Mountain, Georgia 30083 (404) 296-6445 Family Concerns, Inc. 862. William S. Cannon, V Post Office Box 3329 Atlanta, Georgia 30302 (404) 438-4532 Parity Administration Certification Institute (PACI) 863. Patricia Nash 6997 Keene Street Kennesaw Elementary School Kennesaw, Georgia 30144 (404) 428-7016 Professional Association of Georgia Educators 864. George B. Hills, III Post Office Box 93345 Atlanta, Georgia 30318 (404) 874-6805 Citizens for Safe Government, Inc. 158 JOURNAL OF THE SENATE 865. Donald C. Ondracek 1271 Echo Trail Watkinsville, Georgia 30677 (404) 453-2271 Professional Association of Georgia Educators 872. Richard L. Janss 2387 Haven Ridge Drive N.W. Atlanta, Georgia 30305 Georgia Silver Haired Legislature 866. Loretta Vail 1130 Rock Chapel Road Rock Chapel Elementary School Lithonia, Georgia 30058 (404) 482-6019 Professional Association of Georgia Educators 873. Thomas D. Sims, Jr. 1275 Peachtree Street Atlanta, Georgia 30367 (404) 888-3300 The Tontine Properties, Inc. 867. Laura Kimsey 180 Northstar Drive Columbus, Georgia 31907 (404) 324-5661 Professional Association of Georgia Educators 868. Lillian D. Cantrell 2408 Henderson Mill Road Atlanta, Georgia 30345 (404) 938-5271 Professional Association of Georgia Educators 869. Wende L. Wells 180 Northstar Drive Columbus, Georgia 31907 (404) 689-7617 Professional Association of Georgia Educators 870. William J. Schedel, Jr. 539 S. Main Street Findlay, Ohio 45840 (419) 422-2121 Marathon Oil Company EMRO Marketing 871. Joseph D. Lupton 4106 Lenora Church Road Snellville, Georgia 30278 (404) 979-5556 Gwinnett Citizens Transportation Coalition 874. Pat J. Ellis 3411 Austell Road Marietta, Georgia 30060 (404) 434-3352 Rose, Russell, Ellis & Bailey 875. Martha Hutchins 1750 Merton Road, N.E. Atlanta, Georgia 30306 (404) 874-6829 Georgia Friends of Midwives Georgia Environmental Project 876. Betty Sloop 3242 Betty Circle Decatur, Georgia 30032 (404) 289-3993 Teacher Preparation Programs Georgia Supporters for the Gifted 877. John C. Mitchell 1552 Leeds Court Marietta, Georgia 30062 (404) 977-8521 Georgia Association of Media Representatives MONDAY, JANUARY 28, 1991 159 The following communication from His Excellency, Governor Zell Miller, was read by the Secretary: State of Georgia Office of the Governor Atlanta 30334 January 22, 1991 Honorable Pierre Howard Lieutenant Governor of Georgia Members of the Senate Senate Chambers Atlanta, Georgia 30334 Dear Lt. Gov. Howard and Members of the Senate: I submit to you, as provided by law, the following appointment for confirmation: Honorable Albert J. Scott of Chatham County as Commissioner of Labor to serve until the next general election and until a successor for the balance of the unexpired term shall have been elected and qualified. With kindest regards, I remain Sincerely, /si Zell Miller The President called for the morning roll call, and the following Senators answered to their names: Albert Alien Baldwin Bishop Bowen Broun Burton CC,, ooallyleimnsan Dawkins Deal Dean Echols Edge Egan English Foster Gillis Hammill Harris Hasty Henson Hill Huggins J.K.o.ihd,nd.son Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake S,,S.tteamr. rb, erg Tate Taylor Thompson Turner Tysinger Walker of 22nd Walker of 43rd White Those not answering were Senators: Garner Hooks Langford Timmons Senator Alien of the 2nd introduced the chaplain of the day, Father James M. Mayo, pastor of St. Benedict, The Moor Catholic Church, Savannah, Georgia, who offered scripture reading and prayer. 160 JOURNAL OF THE SENATE The following resolution of the Senate was read and adopted: SR 91. By Senators Kidd of the 25th, Harris of the 27th, Echols of the 6th and others: A resolution expressing regret on the passing of Mrs. Laura Jean Gillis. The following delivered eulogies for Mrs. Laura Jean Gillis, deceased wife of Senator Hugh Gillis of the 20th District: Senator Culver Kidd of the 25th District, former Senator Bill Fincher of the 54th Dis trict, former Senator Joe Kennedy of the 4th District, Governor Zell Miller, Lieutenant Governor Pierre Howard. Senator Hugh Gillis of the 20th District briefly addressed the Sen ate and thanked them. The following resolutions of the Senate and House were read and adopted: SR 8. By Senators Deal of the 49th, Dean of the 31st, Turner of the 8th and Kidd of the 25th: A resolution commending Honorable Hugh M. Gillis, Sr., Senator of the 20th District, on the occasion of the 50th anniversary of his first being elected to serve in the General Assembly. SR 77. By Senator Ragan of the 10th: A resolution commending Nikki Robinson. SR 78. By Senator Ragan of the 10th: A resolution commending the Cairo High School Syrupmakers varsity cheerleaders. SR 79. By Senator Ragan of the 10th: A resolution commending the Cairo High School Syrupmakers football team. SR 80. By Senators Baldwin of the 29th and Deal of the 49th: A resolution commending Sarah Ashmore. SR 81. By Senator Echols of the 6th: A resolution commending Tiffany Johns. SR 82. By Senator Broun of the 46th: A resolution commending Gail Wiley. SR 83. By Senator Turner of the 8th: A resolution commending Lamar Spells. SR 84. By Senator Turner of the 8th: A resolution commending Dee Staten. SR 85. By Senator Turner of the 8th: A resolution commending Kelda Lane. MONDAY, JANUARY 28, 1991 161 SR 86. By Senator Turner of the 8th: A resolution commending Jeff Bennett. SR 87. By Senator Perry of the 7th: A resolution commending Greg Moore. SR 88. By Senator Perry of the 7th: A resolution commending Annette Burnsed. SR 89. By Senators Dawkins of the 45th and Deal of the 49th: A resolution commending Christopher Eckles. SR 92. By Senator Ragan of the 10th: A resolution commending the Cairo High School Syrupmaker Band. SR 93. By Senators Coleman of the 1st, Alien of the 2nd and Hammill of the 3rd: A resolution recognizing the City of Savannah and declaring "Savannah Day at the Capitol". HR 120. By Representatives Poston of the 2nd, Murphy of the 18th, Walker of the 115th and others: A resolution commending Georgia Citizens for the Arts. HR 121. By Representatives Poston of the 2nd, Murphy of the 18th, Walker of the 115th and others: A resolution commending the Reverend Howard Finster. Senator Coleman of the 1st introduced the doctor of the day, Dr. James Metts, of Sa vannah, Georgia. The following served as doctor of the day during the recess: January 22, 1991 - Dr. Ralph Tillman of Norcross, Georgia; January 23, 1991 - Dr. James Maughon of Atlanta, Georgia; and January 24, 1991 - Dr. Charles Underwood of Marietta, Georgia. The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage: SENATE LOCAL CONSENT CALENDAR January 28, 1991 SIXTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) SB 63 Kidd, 25th Provides for the appointment of the initial chief magistrate of the Magistrate Court of Hancock County and the election of subsequent chief magistrates, approved March 14, 1983, as amended, so as to change the provisions relating to the compensation of the chief magistrate; to repeal conflicting laws; and for other purposes. 162 JOURNAL OF THE SENATE SB 64 Kidd, 25th Amend an Act establishing a new charter for the City of Milledgeville, ap proved December 15, 1900, as amended, so as to change the compensation of the mayor and aldermen of said city; to repeal conflicting laws; and for other purposes. HB 7 Bowen, 13th To amend an Act providing for the composition and membership of the Board of Education of Ben Hill County, so as to correct certain clerical errors relating to the date upon which the initial members take office; and for other purposes. HB 44 Turner, 8th To amend an Act creating the State Court of Lowndes County, as amended, so as to provide that the judge of the state court shall be a full-time judge, and may not engage in the private practice of law; and for other purposes. The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to. On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Bowen Brun Burton lay C olfllm" san DDeaawl kms j)ean Echols Edge Egan Foster Garner Harris Hasty Henson Hill Hooks Huggins Johnson KMiadrdable ,,. ye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Shumake Starr TStaetienberg _Tayl.or Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Alien Bishop English Gillis Hammill Langford Scott On the passage of all the local bills, the yeas were 49, nays 0. All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed. MONDAY, JANUARY 28, 1991 163 SENATE CALENDAR Monday, January 28, 1991 SIXTH LEGISLATIVE DAY SB 16 Compensation Resolutions--authorize introduction in Senate (Gov Op--25th) SB 17 Merit System Sick Leave--accumulation, utilization (Gov Op--25th) SB 18 Campaign Contribution Provisions--all elected public officers (Gov Op--25th) SB 20 Political Action Committees--contribution disclosure (Gov Op--25th) SB 22 Campaign Literature--regulation, identification, publishing requirements (Amendment) (Gov Op--25th) SB 23 State Officers, Employees--conditions for political activity (Gov Op--25th) SB 24 Merit System Personnel--on-call pay on weekends (Gov Op--25th) SB 25 Political Conventions--nomination petitions (Gov Op--25th) SR 18 State Employee Overtime Pay--relating to (Gov Op--25th) SB 42 Revenue Bond Law--maximum interest rate, interest payment (F&PU--40th) SR 13 Revenue Bills--may originate in either house (F&PU--25th) 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 16. By Senator Kidd of the 25th: A bill to amend Part 2 of Article 4 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to claims against the state or its departments or agencies, so as to change the procedures applicable to the processing of claims against the state; to authorize the introduction of compensation resolutions in the Senate; to change the provisions relating to hearings of the Claims Advisory Board. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan Foster Garner Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate Taylor Thompson Timmons Turner Walker of 22nd Walker of 43rd White 164 JOURNAL OF THE SENATE Voting in the negative was Senator Tysinger. Those not voting were Senators: Bishop English Gillis Hammill Langford On the passage of the bill, the yeas were 50, nays 1. The bill, having received the requisite constitutional majority, was passed. SB 17. By Senator Kidd of the 25th: A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to change the provisions relating to the accumulation and utilization of sick leave; to repeal certain provisions relating to disapproval of sick leave and proce dures for contesting disapproval. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen ^ruo,rutonn Co,l,e-man j-)eaj Dean Echols English Foster Garner Hammill Harris Hasty Henson Hill HHouoggksins J.oh, Sn8son Kidd Marable Moye Olmstead Perdue Pollard Ragan of 10th Ramsey Ray Robinson Scott STtaetienberg _T,hompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those voting in the negative were Senators: Clay Edge Egan Newbill Perry Phillips Ragan of 32nd Taylor Those not voting were Senators: Dawkins Gillis Langford Shumake Starr On the passage of the bill, the yeas were 43, nays 8. The bill, having received the requisite constitutional majority, was passed. MONDAY, JANUARY 28, 1991 165 SB 18. By Senator Kidd of the 25th: A bill to amend Article 2A of Chapter 5 of Title 21 of the Official Code of Geor gia Annotated, relating to contributions to candidates for state-wide office or the General Assembly, so as to provide that such article shall apply to all elected public officers; to provide for a definition; 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 Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan Foster Garner Gillis Hammill Harris Hasty Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 43rd White Those not voting were Senators: English Henson Langford Starr Walker of 22nd On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 20. By Senator Kidd of the 25th: A bill to amend Code Section 21-5-31 of the Official Code of Georgia Annotated, relating to disclosure requirements of certain persons accepting contributions or making expenditures on behalf of candidates, so as to provide that political ac tion committees shall be subject to the same disclosure requirements as a candi date; 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 Alien Baldwin Bishop Bowen Broun Burton Clay Coleman 166 JOURNAL OF THE SENATE Collins Dawkins Deal Dean Echols ^an 5?ngllsn Q^?er Hammill Harris Hasty Henson Hill Hooks Muggins Johnson Kidd Marable Moye Newbill Olmstead Perdue Perrv Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Voting in the negative was Senator Edge. Those not voting were Senators: Foster Langford Starr On the passage of the bill, the yeas were 52, nays 1. The bill, having received the requisite constitutional majority, was passed. Senator Newbill of the 56th gave notice that, at the proper time, she would move that the Senate reconsider its action in passing SB 20. SB 22. By Senator Kidd of the 25th: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the regulation of campaign literature under the "Ethics in Government Act"; to provide for identification requirements; to re quire certain authorization for the endorsing, circulating, or publishing of cam paign material; to repeal Code Sections 21-2-415 and 21-3-322, relating to identi fication requirements of certain campaign literature. Senator Thompson of the 33rd offered the following amendment: Amend SB 22 by striking on page 4, lines 3 and 4 of subsection (c) in its entirety and inserting in lieu thereof the following: "(c) Any person who violates any provision of this Code section shall be subject to censure and a civil fine of up to $1,000." On the adoption of the amendment, the yeas were 45, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun MONDAY, JANUARY 28, 1991 167 Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 43rd White Those not voting were Senators: Langford Shumake Walker of 22nd On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. SB 23. By Senator Kidd of the 25th: A bill to amend Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to conflicts of interest, so as to authorize officers and employ ees of the state to engage in political activities under certain conditions. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Alien Baldwin Bishop Broun Burton Coleman Collins Deal Dean Echols English Poster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Olmstead Perdue Perry Pollard Ragan of 10th Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate Taylor Thompson Timmons Turner Walker of 22nd Walker of 43rd White Those voting in the negative were Senators: Albert Clay Dawkins Edge Egan Newbill Phillips Ragan of 32nd Tysinger 168 JOURNAL OF THE SENATE Not voting were Senators Bowen and Langford. On the passage of the bill, the yeas were 45, nays 9. The bill, having received the requisite constitutional majority, was passed. SB 24. By Senator Kidd of the 25th: A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to provide for on-call pay on weekends; to provide for cash payments when the funds are available for such purpose. Senator Kidd of the 25th moved that SB 24 be placed on the Table. On the motion, the yeas were 35, nays 0; the motion prevailed, and SB 24 was placed on the Table. SB 25. By Senator Kidd of the 25th: A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Elections Code," so as to provide that certain nomination petitions and petitions to qualify political bodies to nominate certain candidates by con vention shall consist of cards each of which shall contain only one signature; to provide for information to be contained on such cards; to provide for procedures with respect to the foregoing. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Burton elf CDCnoawlfl.mmk, m-sans Dean Echols Edge English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins KM,,.iadrdab, l,e Mye Newbill Olmstead Perdue Perry Phillips Pollard Those voting in the negative were Senators: Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr mT_Staet,ien. berg Taylor Thompson Timmons Turner Tysinger Walker of 43rd White Broun Egan Johnson MONDAY, JANUARY 28, 1991 169 Those not voting were Senators: Deal Langford Shumake Walker of 22nd On the passage of the bill, the yeas were 49, nays 3. The bill, having received the requisite constitutional majority, was passed. SR 18. By Senator Kidd of the 25th: A resolution relating to overtime pay for state employees. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Alien Baldwin Bishop Broun Burton Clay Coleman Collins Deal Dean Echols Edge English Foster Garner Gillis Hammill Harris Henson Hill Hooks Huggins Kidd Marable Moye Olmstead Perdue Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate Thompson Turner Tysinger Walker of 22nd Walker of 43rd White Those voting in the negative were Senators: Dawkins Egan Johnson Newbill Perry Taylor Those not voting were Senators: Albert Bowen Hasty Langford Timmons On the adoption of the resolution, the yeas were 45, nays 6. The resolution, having received the requisite constitutional majority, was adopted. SB 42. By Senator Egan of the 40th: A bill to amend Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, the "Revenue Bond Law," so as to allow for the validation of a maxi mum interest rate and a maximum annual principal and interest payment; to provide an effective date. The report of the committee, which was favorable to the passage of the bill, was agreed to. 170 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 Alien Baldwin Bishop Broun Burton lay Coleman CDoalwliknisns Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins JKoihdndson Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Sc,.tem. b, erg ,ial* Taylor Thompson Timmons Turner Tysinger Walker of 43rd White Those not voting were Senators: Bowen Langford Walker of 22nd On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed. SR 13. By Senator Kidd of the 25th: A RESOLUTION Proposing an amendment to the Constitution so as to provide that bills for raising or reducing revenue may originate in either house of the General Assembly; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article HI, Section V of the Constitution is amended by striking Paragraph II in its entirety and inserting in lieu thereof a new Paragraph II to read as follows: "Paragraph II. Bills for revenue. All bills appropriating money shall originate in the House of Representatives. Bills for raising or reducing revenue may originate in either house of the General Assembly." 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 bills for raising or reducing revenue may originate in either house of the General Assembly?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""NYeos."." All persons desiring to vote against ratifying the proposed amendment shall vote MONDAY, JANUARY 28, 1991 171 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 Alien Baldwin Bishop Bowen Clay Coleman Collins Dawkins Deal Dean Echols Edge English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Kidd Marable Moye Newbill Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate Taylor Thompson Timmons Turner Walker of 22nd Walker of 43rd White Those voting in the negative were Senators: Broun Burton Egan Johnson Phillips Tysinger Not voting were Senators Langford and Olmstead. On the adoption of the resolution, the yeas were 48, nays 6. The resolution, having received the requisite two-thirds constitutional majority, was adopted. Senator Garner of the 30th moved that the Senate do now adjourn until 9:15 o'clock A.M. tomorrow, and the motion prevailed. At 12:11 o'clock P.M., the President announced the Senate adjourned until 9:15 o'clock A.M. tomorrow. 172 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Tuesday, January 29, 1991 Seventh Legislative Day The Senate met pursuant to adjournment at 9:15 o'clock A.M. today 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 236. By Representatives Hamilton of the 124th, Bordeaux of the 122nd, Pelote of the 127th, Merritt of the 123rd, Dixon of the 128th and others: A bill to amend an Act creating the Chatham-Savannah Youth Futures Author ity, so as to provide for additional members of the authority. HB 237. By Representatives Clark of the 20th, Post 3, Clark of the 20th, Post 4, Vaughan of the 20th, Hammond of the 20th and Mills of the 20th: A bill to amend an Act reincorporating and providing a new charter for the City of Acworth, so as to provide for special elections to approve or reject certain expenditures. HB 2. By Representatives Childers of the 15th and Redding of the 50th: A bill to amend Code Section 31-22-1 of the Official Code of Georgia Annotated, relating to definitions regarding clinical laboratories, so as to include certain tis sue banks under the definition of "clinical laboratories". HB 68. By Representatives Thomas of the 69th, Groover of the 99th and Pettit of the 19th: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated. HB 125. By Representatives Thomas of the 69th and Simpson of the 70th: A bill to amend Article 4 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to participation of probationers in community service pro grams, so as to prohibit the use for the private gain of an individual of an of fender sentenced to perform community service as a condition of probation. TUESDAY, JANUARY 29, 1991 173 '<; I HB 167. By Representatives Thomas of the 69th, Pettit of the 19th and Groover of the I 99th: A bill to amend the O.C.G.A., so as to correct typographical, stylistic, capitaliza tion, punctuation, and other errors and omissions in the O.C.G.A. and in Acts of the General Assembly amending the O.C.G.A. HB 195. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Titus of the 143rd and Holland of the 136th: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to require that all special elections and municipal special elections shall be held on certain uniform dates. HB 196. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Goodwin of the 63rd, Titus of the 143rd 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 an unopposed candidate or the campaign committee of an unopposed candi date shall not be required to file certain disclosure reports. ; HB 29. By Representatives Oliver of the 53rd, Mills of the 20th, Hamilton of the 124th j and Valenti of the 52nd: } A bill to amend Article 2 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the termination of parental rights, so as to provide that a copy of every order terminating the parental rights of a parent shall be transmit ted to the Division of Family and Children Services Adoption Unit of the De partment of Human Resources. HB 117. By Representatives Walker of the 115th, Groover of the 99th and Bostick of the 138th: A bill to amend Code Section 34-9-100 of the Official Code of Georgia Annotated, relating to procedure for filing claims with the State Board of Workers' Compen sation, so as to provide that any claim or notice required to be filed with such board shall be deemed to be filed upon actual receipt by the board or upon the date such claim or notice was mailed by certified or registered mail. HB 118. By Representatives Walker of the 115th, Groover of the 99th and Bostick of the : 138th: A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Administrative Procedure Act," so as to provide that any document required to be received by or filed with any state agency shall be deemed to be received by or filed with such agency upon the date such document is actually received or upon the official postmark date such document is mailed, properly addressed with postage prepaid, by registered or certified mail. i HB 170. By Representative Murphy of the 18th: ; A bill to amend Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to fixing of sentences, suspension or probation of sentences, and changes : in sentences, so as to provide that a sentencing court shall retain jurisdiction to shorten a period of probation. 174 JOURNAL OF THE SENATE The following bills and resolutions of the Senate were introduced, read the first time and referred to committees: SB 125. By Senator Moye of the 34th: A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to abolish the Health Planning Agency; to repeal certain laws relat ing to certificates of need and state health planning and development; to change the provisions relating to home health agencies; to provide for a definition; to change the provisions relating to hospital authorities. Referred to Committee on Health and Human Services. SB 126. By Senator English of the 21st: A bill to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to change the pro visions relating to eggs; to provide for definitions; to provide for classification of eggs. Referred to Committee on Agriculture. SB 127. By Senator Dawkins of the 45th: 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 provide for an additional judge of the Rockdale Judicial Circuit; to provide for the initial appointment and subsequent election of said judge and his successors; to provide for related matters; to provide an effective date. Referred to Committee on Special Judiciary. SB 128. By Senator Collins of the 17th: A bill to amend Article 1 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions concerning correctional institutions of the state and counties, so as to provide that notice shall be given to the officer in charge of a county jail or his designee concerning any inmate who is being trans ferred from a state or county correctional institution and who has been deter mined to have an infectious disease or to be HIV infected. Referred to Committee on Health and Human Services. SB 129. By Senator Shumake of the 39th: A bill to amend Code Section 36-30-3 of the Official Code of Georgia Annotated, relating to ordinances of a city council not being binding on succeeding councils, so as to repeal certain exceptions for municipal corporations having a population of 400,000 or more. Referred to Committee on Urban and County Affairs (General). SB 130. 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 the first Thursday in February of each year as "Girls and Women in Sports Day" in Georgia. Referred to Committee on Governmental Operations. SB 131. By Senator Burton of the 5th: A bill to amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to issuance of bad checks, so as to change the definition of the term "present consideration". Referred to Committee on Judiciary. TUESDAY, JANUARY 29, 1991 175 SB 132. By Senator Burton of the 5th: A bill to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to offenses involving theft, so as to change the provisions relating to conversion of payments for real property improvements and the pen alties therefor; to change the provisions relating to intent to defraud and evidence thereof. Referred to Committee on Judiciary. SB 133. By Senator Hasty of the 51st: 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 change the provisions re garding the continuation of such covenants. Referred to Committee on Judiciary. SB 134. By Senator Hasty of the 51st: A bill to amend Code Section 40-6-206 of the Official Code of Georgia Annotated, relating to when police officers may remove vehicles, so as to require the removal of vehicles of persons charged under Code Section 40-6-10 under certain condi tions and to prohibit the return of such vehicles without proof or evidence of insurance coverage thereon. Referred to Committee on Judiciary. SB 135. By Senators Phillips of the 9th, Clay of the 37th, Egan of the 40th and others: A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions regarding the General Assembly, so as to provide for procedures with respect to legislative and congressional redistricting; to pro vide for public hearings and meetings prior to and following the adoption of redistricting plans; to provide for alternative redistricting plans; to provide for re lated matters; to provide an effective date. Referred to Committee on Reapportionment. SB 136. By Senators Phillips of the 9th, Clay of the 37th, Newbill of the 56th and others: A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions regarding the General Assembly, so as to provide for public access to data and materials used for redistricting purposes; to provide for applicability; to provide an effective date. Referred to Committee on Reapportionment. SB 137. By Senators Phillips of the 9th, Clay of the 37th, Egan of the 40th and others: A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions regarding the General Assembly, so as to provide for procedures with respect to legislative and congressional redistricting; to pro vide for public access to redistricting plans; to provide for submission of alterna tive plans; to provide for requirements with respect to such plans; to provide an effective date. Referred to Committee on Reapportionment. SB 138. By Senators Phillips of the 9th, Clay of the 37th, Egan of the 40th and others: A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions regarding the General Assembly, so as to provide 176 JOURNAL OF THE SENATE for procedures with respect to legislative and congressional redistricting; to pro vide for criteria and specifications with respect to such redistricting; to provide for judicial review; to provide for related matters; to provide an effective date. Referred to Committee on Reapportionment. SB 139. By Senators Phillips of the 9th, Clay of the 37th, Egan of the 40th and others: A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions regarding the General Assembly, so as to provide for procedures with respect to legislative and congressional redistricting; to pro vide for public hearings and meetings prior to and following the adoption of redistricting plans; to provide for alternative redistricting plans; to provide an ef fective date. Referred to Committee on Reapportionment. SB 140. By Senator Hasty of the 51st: A bill to amend Part 1 of Article 8 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to petroleum products, so as to provide for the label ing of gasoline products containing alcohol; to provide for a definition. Referred to Committee on Consumer Affairs, SB 141. By Senator Newbill of the 56th: 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 change the manner of calculating the funds needed for the program by each school system and provide for an increase in certain amounts; to change how certain required local fair share funds will be subtracted. Referred to Committee on Education. SB 142. By Senator Ramsey of the 54th: A bill to amend Chapter 14 of Title 12 of the Official Code of Georgia Annotated, relating to oil or hazardous material spills or releases, so as to define certain terms; to provide for reporting of spills or releases of hazardous substances in certain amounts. Referred to Committee on Natural Resources. SB 143. By Senator Ramsey of the 54th: A bill to amend Code Section 31-9-2 of the Official Code of Georgia Annotated, relating to persons authorized to consent to surgical or medical treatment, so as to change which persons are authorized to consent to surgical or medical treatment. Referred to Committee on Health and Human Services. SB 144. By Senators Walker of the 22nd, Walker of the 43rd and Alien of the 2nd: 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 legislative intent; to provide definitions; to require minority business enterprises to be certified by the Department of Administrative Services before bidding on state contracts; to pro vide the requirements for certification as a minority business enterprise. Referred to Committee on Special Judiciary. SB 145. By Senators Ragan of the 32nd, Newbill of the 56th, Clay of the 37th and others: A bill to amend Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, so as to provide that it shall be unlawful TUESDAY, JANUARY 29, 1991 177 for any person to sell or offer for sale concert tickets for a price in excess of the price printed on the ticket; to provide that a service charge may be imposed; to provide that concert ticket scalping shall be a misdemeanor. Referred to Committee on Judiciary. SB 146. By Senators Newbill of the 56th and Clay of the 37th: A bill to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to exemptions from public disclosure of records, so as to change the ex emption regarding records obtained in internal investigations made by govern mental agencies. Referred to Committee on Special Judiciary. SB 147. By Senator Thompson of the 33rd: A bill to amend Code Section 16-5-1 of the Official Code of Georgia Annotated, relating to the crimes of murder and felony murder, so as to provide that a per son commits the offense of murder regardless of the length of time between the infliction of an injury and the death of the other human being; to provide for applicability. Referred to Committee on Judiciary. SR 94. By Senator Echols of the 6th: A resolution authorizing the granting of a nonexclusive easement for construc tion, operation, and maintenance of a thoroughfare in, on, over, under, upon, across, or through property owned by the State of Georgia in Wayne County, Georgia; to provide an effective date. Referred to Committee on Finance and Public Utilities. SR 95. By Senator Tysinger of the 41st; A resolution relative to granting leases on the coastal plain of the Arctic National Wildlife Refuge for exploration and development of oil and gas resources. Referred to Committee on Natural Resources. SR 96. By Senators Coleman of the 1st, Alien of the 2nd, and Hammill of the 3rd: A resolution authorizing the conveyance of certain state owned real property lo cated in Chatham County, Georgia; to provide an effective date. Referred to Committee on Finance and Public Utilities. SR 98. By Senators Coleman of the 1st, Thompson of the 33rd, Hill of the 4th and others: A resolution urging the President and the Congress of the United States to make passage of a Surface Transportation Reauthorization Act a topmost priority dur ing the first session of the 102nd Congress. Referred to Committee on Transportation. The following bills of the House were read the first time and referred to committees: HB 2. By Representatives Childers of the 15th and Redding of the 50th: A bill to amend Code Section 31-22-1 of the Official Code of Georgia Annotated, relating to definitions regarding clinical laboratories, so as to include certain tis sue banks under the definition of "clinical laboratories". Referred to Committee on Health and Human Services. 178 JOURNAL OF THE SENATE HB 29. By Representatives Oliver of the 53rd, Mills of the 20th, Hamilton of the 124th and Valenti of the 52nd: A bill to amend Article 2 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the termination of parental rights, so as to provide that a copy of every order terminating the parental rights of a parent shall be transmit ted to the Division of Family and Children Services Adoption Unit of the De partment of Human Resources. Referred to Committee on Judiciary. HB 68. By Representatives Thomas of the 69th, Groover of the 99th and Pettit of the 19th: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated. Referred to Committee on Governmental Operations. HB 117. By Representatives Walker of the 115th, Groover of the 99th and Bostick of the 138th: A bill to amend Code Section 34-9-100 of the Official Code of Georgia Annotated, relating to procedure for filing claims with the State Board of Workers' Compen sation, so as to provide that any claim or notice required to be filed with such board shall be deemed to be filed upon actual receipt by the board or upon the date such claim or notice was mailed by certified or registered mail. Referred to Committee on Insurance and Labor. HB 118. By Representatives Walker of the 115th, Groover of the 99th and Bostick of the 138th: A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Administrative Procedure Act," so as to provide that any document required to be received by or filed with any state agency shall be deemed to be received by or filed with such agency upon the date such document is actually received or upon the official postmark date such document is mailed, properly addressed with postage prepaid, by registered or certified mail. Referred to Committee on Judiciary. HB 125. By Representatives Thomas of the 69th and Simpson of the 70th: A bill to amend Article 4 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to participation of probationers in community service pro grams, so as to prohibit the use for the private gain of an individual of an of fender sentenced to perform community service as a condition of probation. Referred to Committee on Corrections. HB 167. By Representatives Thomas of the 69th, Pettit of the 19th and Groover of the 99th: A bill to amend the O.C.G.A., so as to correct typographical, stylistic, capitaliza tion, punctuation, and other errors and omissions in the O.C.G.A. and in Acts of the General Assembly amending the O.C.G.A. Referred to Committee on Judiciary. TUESDAY, JANUARY 29, 1991 179 HB 170. By Representative Murphy of the 18th: A bill to amend Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to fixing of sentences, suspension or probation of sentences, and changes in sentences, so as to provide that a sentencing court shall retain jurisdiction to shorten a period of probation. Referred to Committee on Special Judiciary. HB 195. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd and others: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to require that all special elections and municipal special elections shall be held on certain uniform dates. Referred to Committee on Governmental Operations. HB 196. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd 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 an unopposed candidate or the campaign committee of an unopposed candi date shall not be required to file certain disclosure reports. Referred to Committee on Judiciary. HB 236. By Representatives Hamilton of the 124th, Bordeaux of the 122nd, Pelote of the 127th and others: A bill to amend an Act creating the Chatham-Savannah Youth Futures Author ity, so as to provide for additional members of the authority. Referred to Committee on Urban and County Affairs. HB 237. By Representatives Clark of the 20/3, Clark of 20/4, 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 provide for special elections to approve or reject certain expenditures. Referred to Committee on Urban and County Affairs. The following reports of standing committees were read by the Secretary: Mr. President: The Committee on Appropriations has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation: HB 85. Do pass by substitute. Respectfully submitted, Senator Johnson of the 47th District, Chairman Mr. President: The Committee on Governmental Operations has had under consideration the following 180 JOURNAL OF THE SENATE resolutions and bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SR 36. Do pass. SR 66. Do pass. SB 46. Do pass. SB 62. Do pass. SB 82. Do pass. SB 98. Do pass. SB 99. Do pass. Respectfully submitted, Senator Kidd of the 25th District, Chairman Mr. President: The Committee on Insurance and Labor has had under consideration the following bill and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 66. Do pass. SR 57. Do pass. Respectfully submitted, Senator Pollard of the 24th District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following bills of the Sen ate and has instructed me to report the same back to the Senate with the following recommendations: SB 26. Do pass. SB 41. Do pass. SB 51. Do pass. SB 55. Do pass. Respectfully submitted, Senator Baldwin of the 29th District, Chairman Mr. President: The Committee on Natural Resources has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 96. Do pass. Respectfully submitted, Senator Gillis of the 20th District, Chairman Mr. President: The Committee on Special Judiciary has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 4. Do pass. SB 56. Do pass. Respectfully submitted, Senator Edge of the 28th District, Chairman TUESDAY, JANUARY 29, 1991 181 Mr. President: The Committee on Special Judiciary has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 53. Do pass by substitute. SB 57. Do pass by substitute. SB 58. Do pass by substitute. Respectfully submitted, Senator Edge of the 28th District, Chairman Mr. President: The Committee on Transportation has had under consideration the following resolu tions of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SR 15. Do pass. SR 25. Do pass. Respectfully submitted, Senator Coleman of the 1st District, Chairman The following bills and resolutions of the Senate were read the second time: SB 101. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Chapter 10 of Title 46 of the Official Code of Georgia Annotated, relating to the consumers' utility counsel, so as to change the provisions relative to the automatic repeal of said Chapter 10; to provide an effective date. SB 103. By Senator Starr of the 44th: A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization and appeals from assessments of county boards of tax assessors, so as to provide that when an appeal of an assessment is made to the county board of tax assessors and no change or correction is made by said county board of tax assessors, the notice sent to the taxpayer shall also be sent to the county board of equalization and shall constitute the taxpayer's appeal to the county board of equalization without the necessity of the tax payer's filing any additional notice of appeal. SR 39. By Senator Baldwin of the 29th: A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of an audio transmission cable in, on, over, under, upon, across, or through property owned by the State of Georgia in Troup County, Georgia; to provide an effective date. SR 40. By Senators Thompson of the 33rd and Clay of the 37th: A resolution authorizing the grant of a nonexclusive easement for construction, operation, and maintenance of a water distribution system in, on, over, under, upon, across, or through property owned by the State of Georgia in Cobb County, Georgia; to provide an effective date. 182 JOURNAL OF THE SENATE SR 41. By Senators Hasty of the 51st and Ramsey of the 54th: A resolution authorizing the grant of a nonexclusive easement for construction, operation, and maintenance of a thoroughfare known as Abutment Road and slope considerations thereto over property owned by the State of Georgia in Whitfield County, Georgia; to provide an effective date. SR 42. By Senator Foster of the 50th: A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of an electrical power transmission line in, on, over, under, upon, across, or through property owned by the State of Georgia in Dawson County, Georgia; to provide an effective date. SR 44. By Senator Timmons of the llth: A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of an underground audio transmission cable in, on, over, under, upon, across, or through property owned by the State of Georgia in Early County, Georgia; to provide an effective date. SR 45. By Senator Timmons of the llth: A resolution authorizing the conveyance of certain state owned real property lo cated in Seminole County, Georgia; to provide an effective date. SR 55. By Senator Harris of the 27th: A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of an audio transmission cable in, on, over, under, upon, across, or through property owned by the State of Georgia in Monroe County, Georgia; to provide an effective date. SR 67. By Senator Starr of the 44th: A resolution authorizing the conveyance of certain state owned real property lo cated in Fulton County, Georgia, to Georgia Power Company and the acceptance of certain real property owned by Georgia Power Company located in Fulton County, Georgia, in consideration therefor; to provide an effective date. SR 68. By Senator Starr of the 44th: A resolution authorizing the conveyance of certain state owned real property lo cated in Fulton County, Georgia, and the acceptance of certain real property in Fulton County in consideration therefor; to provide an effective date. The President called for the morning roll call, and the following Senators answered to their names: Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th TUESDAY, JANUARY 29, 1991 183 Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger White Those not answering were Senators: Albert Alien English Walker of 22nd Walker of 43rd Senator Kidd of the 25th introduced the chaplain of the day, Dr. Harold A. Lawrence, pastor of the First United Methodist Church, Milledgeville, Georgia, who oifered scripture reading and prayer. The following resolutions of the Senate were read and adopted: SR 97. By Senators Coleman of the 1st, Tysinger of the 41st, Kidd of the 25th and others: A resolution commending head football coach Bobby Ross, the Georgia Tech na tional championship football team, and athletic director Dr. Homer Rice. SR 99. By Senators Dean of the 31st and Broun of the 46th: A resolution commending Mr. Billy Payne, President, Atlanta Organizing Com mittee for the 1996 Olympic Games. SR 100. By Senator Turner of the 8th: A resolution commending Coach Nick Hyder and the Valdosta High School Wildcats football team. SR 101. By Senator Perdue of the 18th: A resolution recognizing and commending Northside Middle School. SR 102. By Senator Perdue of the 18th: A resolution recognizing and commending Bonaire Elementary School. SR 103. By Senators Phillips of the 9th and White of the 48th: A resolution commending Jeffrey L. White. SR 104. By Senators Hooks of the 14th and Olmstead of the 26th: A resolution expressing regret at the passing of James W. Alley, M.D., M.P.H. Senator Starr of the 44th introduced the doctor of the day, Dr. Robert Kaufmann, of Atlanta, Ga. Senator Shumake of the 39th moved that the following bill of the Senate be withdrawn from the Senate Committee on Finance and Public Utilities and committed to the Senate Committee on Governmental Operations: SB 10. By Senator Shumake of the 39th: A bill to amend Chapter 34 of Title 36 of the Official Code of Georgia Annotated, relating to the powers of municipal corporations, so as to provide that a munici pal water company may not deny supply to a property owner because of the 184 JOURNAL OF THE SENATE arrears of a former owner, occupant, or lessee; to require water companies to keep identifying information on any user. Senator Shumake of the 39th asked unanimous consent to withdraw the motion that SB 10 be withdrawn from the Senate Committee on Finance and Public Utilities and com mitted to the Senate Committee on Governmental Operations. The consent was granted, and the motion was withdrawn. SENATE CALENDAR Tuesday, January 29, 1991 SEVENTH LEGISLATIVE DAY SB 34 Loans by Business Development Corporations--repeal certain requirements (B&FI--8th) SB 35 Residential Finance Authority--eligible persons, families (B&FI--8th) SB 39 Credit Card Purchase--telephone number not required (B&FI--8th) The following general bills of the Senate, favorably reported by the committee, were read the third time and put upon their passage: SB 34. By Senators Turner of the 8th, Thompson of the 33rd, Broun of the 46th and others: A bill to amend Code Section 7-1-745 of the Official Code of Georgia Annotated, relating to the powers of business development corporations, so as to repeal the requirement that the corporation not approve any loan application unless the applicant has been refused a loan by at least two other financial institutions; to provide for applicability. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Not voting were Senators Bowen and Langford. TUESDAY, JANUARY 29, 1991 185 ': On the passage of the bill, the yeas were 54, nays 0. ' The bill, having received the requisite constitutional majority, was passed. SB 35. By Senators Turner of the 8th, Thompson of the 33rd, Broun of the 46th 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 change the definition of eligible persons and families; to change and clarify ; certain powers of the authority; to increase the single-family bonding cap; to pro vide an effective date. The report of the committee, which was favorable to the passage of the bill, was agreed to. ; On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert ; Alien ; Baldwin ;i Bishop '; Bowen Broun urton ^ CCoollleimnsan Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks ^ H, u,"ggsionns Kidd Langford Marable Newbill Olmstead Perdue Perry Phillips Pollard Not voting was Senator Moye. Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake ScSutteamr rbuerg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White On the passage of the bill, the yeas were 55, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 39. By Senators Turner of the 8th, Deal of the 49th, Broun of the 46th and others: ; A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code j of Georgia Annotated, known as the "Fair Business Practices Act of 1975," so as ; to prohibit merchants from requiring a purchaser's telephone number as a condi- tion of purchase when payment for the transaction is made by credit card. The report of the committee, which was favorable to the passage of the bill, was agreed to. 186 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 Alien Baldwin Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Turner Tysinger Walker of 22nd Walker of 43rd White Voting in the negative was Senator Moye. Those not voting were Senators: Bishop Langford Shumake Timmons On the passage of the bill, the yeas were 51, nays 1. The bill, having received the requisite constitutional majority, was passed. Senator Johnson of the 47th introduced Georgia Citizens for the Arts representatives, Martha Gibson, President, Lyn Hunt, Board of Directors member, Howard Finster, artist, Mrs. Don Johnson, Mr. and Mrs. G. C. Bradshaw, and Mrs. Denny Dobbs, who were com mended by SR 73 adopted previously. The President recognized Senator Hugh Gillis of the 20th, who was commended by SR 8 adopted previously. Lieutenant Governor Pierre Howard, President of the Senate, led the Senate in reciting the Pledge of Allegiance to the Flag of the United States of America. Senator Garner of the 30th moved that the Senate do now adjourn until 9:15 o'clock A.M. tomorrow, and the motion prevailed. At 11:01 o'clock A.M., the President announced the Senate adjourned until 9:15 o'clock A.M. tomorrow. WEDNESDAY, JANUARY 30, 1991 187 Senate Chamber, Atlanta, Georgia Wednesday, January 30, 1991 Eighth Legislative Day The Senate met pursuant to adjournment at 9:15 o'clock A.M. today and was called to order by the President. Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House: HB 294. By Representatives Bates of the 141st and Long of the 142nd: A bill to amend an Act abolishing the offices of Tax Receiver and Tax Collector of Decatur County and creating in lieu thereof the office of Tax Commissioner of Decatur County, so as to change the compensation of the Tax Commissioner. HB 78. By Representatives Buck of the 95th and Cummings of the 17th: A bill to amend Code Section 47-3-68 of the Official Code of Georgia Annotated, relating to members of the Teachers Retirement System of Georgia who are eligi ble to participate in the optional retirement plan of the Board of Regents of the University System of Georgia, so as to clarify the provisions relating to the accu mulated contributions of members who elect or have elected to participate in said optional retirement plan. HB 173. By Representatives Lee of the 72nd, Groover of the 99th and Walker of the 115th: A bill to amend Article 2 of Chapter 3 of Title 28 of the Official Code of Georgia Annotated, relating to the Secretary of the Senate and the Clerk of the House of Representatives, so as to change provisions relating to succession to the office of Clerk of the House. HB 47. By Representative Pinkston of the 100th: A bill to amend Code Section 10-1-7 of the Official Code of Georgia Annotated, relating to the provision for payment of delinquency charges, attorneys' fees, court costs, and check dishonor fees under "The Retail Installment and Home Solicitation Sales Act," so as to change the minimum amount of check dishonor fee; to amend Code Section 13-6-15 of the Official Code of Georgia Annotated, relating to damages for writing bad checks, so as to change the amount of the service charge. HB 218. By Representatives Alford of the 57th, Oliver of the 53rd and Lane of the 27th: A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Au thority Act of 1965," as amended, so as to provide for the preparation, filing, 188 JOURNAL OF THE SENATE availability, and public notice of the Authority's annual report and certain listings. HB 221. By Representatives Alford of the 57th, Oliver of the 53rd and Lane of the 27th: A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Au thority Act of 1965," as amended, so as to provide that the interest income from certain reserve funds may be used to pay operating costs until June 30, 1994. HB 219. By Representatives Alford of the 57th, Oliver of the 53rd and Lane of the 27th: A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Au thority Act of 1965," as amended, so as to provide clarification of the jurisdiction granted to the Authority's security and police force and to provide for qualifica tions and powers and grant immunity to officers of such force. HB 174. By Representative Reaves of the 147th: A bill to amend Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to prevention and control of disease in livestock, so as to provide for injunctions in connection with bovine diseases and swine mycobacteriosis and the practices and procedures connected therewith. HB 177. By Representative Reaves of the 147th: A bill to amend Code Section 10-2-5 of the Official Code of Georgia Annotated, relating to the powers and duties of the Commissioner of Agriculture relating to weights and measures, so as to delete certain provisions relating to packaged commodities. HB 256. By Representative Reaves of the 147th: A bill to amend Article 2 of Chapter 2 of Title 10 of the Official Code of Georgia Annotated, relating to certified public weighers, so as to repeal the provisions of Code Section 10-2-44, relating to surety bonds of certified public weighers; to amend Code Section 10-2-50, relating to weighing leaf tobacco and livestock, so as to correct a reference. HB 33. By Representative Cummings of the 17th: A bill to amend Article 4 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to procedures controlling retirement bills in the General As sembly under the "Public Retirement Systems Standards Law," so as to require certification by the state auditor as a condition precedent to the introduction of any retirement bill, including a retirement bill having a fiscal impact. HB 34. By Representative Cummings of the 17th: A bill to amend Article 6 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to miscellaneous provisions of the "Public Retirement Sys tems Standards Law," so as to provide that a certain amendment to the law au thorizing boards of trustees of retirement or pension systems to increase benefits to offset wholly or partially the taxation of such benefits under Georgia income tax laws shall not be subject to the said "Public Retirement Systems Standards Law". HB 35. By Representative Cummings of the 17th: A bill to amend Code Section 47-1-30 of the Official Code of Georgia Annotated, relating to the authority of boards of trustees of public retirement systems to WEDNESDAY, JANUARY 30, 1991 189 increase benefits to offset wholly or partially the taxation of benefits under Geor gia income tax laws, so as to provide that the authority granted by said Code section shall apply to both present and future retirees and beneficiaries. HB 40. By Representative Cummings of the 17th: A bill to amend Code Section 47-2-141 of the Official Code of Georgia Annotated, relating to employer contributions made to the Employees' Retirement System of Georgia on behalf of members while in the armed forces under certain conditions, so as to provide that such employer contributions shall be made by employers and shall be paid into the pension accumulation fund. HB 43. By Representative Cummings of the 17th: A bill to amend Code Section 47-2-222 of the Official Code of Georgia Annotated, relating to the normal and accrued liability employer contribution rates for cer tain state departments, so as to change the provisions relating to the amount of such contributions. The House has adopted by the requisite constitutional majority the following resolution of the House: HR 16. By Representative Lane of the 27th: A resolution proposing an amendment to the Constituion so as to require that when local Acts of the General Assembly repeal constitutional amendments ap plicable to particular politial subdivisions, each such local Act shall be condi tioned for its effectiveness on approval by a majority of the qualified voters vot ing thereon in the particular political subdivision or subdivisions affected by the amendment. The following bills and resolutions of the Senate were introduced, read the first time and referred to committees: SB 148. By Senators Bishop of the 15th and Tate of the 38th: A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to change the provisions relating to the definition of an employee under the Employees' Retirement System of Georgia; to change the provisions relating to the definition of a teacher under the Teachers Retire ment System of Georgia. Referred to Committee on Retirement. SB 149. By Senators Bishop of the 15th, Robinson of the 16th and Tate of the 38th: 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 prior service; to provide requirements rela tive thereto; to provide for other matters relative to the foregoing; to provide conditions for an effective date and for automatic repeal. Referred to Committee on Retirement. SB 150. By Senators Scott of the 36th, Kidd of the 25th, Egan of the 40th and others: A bill to provide for an instantaneous background check of prospective purchas ers of firearms; to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving dangerous instrumentalities and practices, so as to regulate the sale of firearms through dealers; to define certain terms; to prohibit certain individuals from purchasing or transporting firearms. Referred to Committee on Judiciary. 190 JOURNAL OF THE SENATE SB 151. By Senator Deal of the 49th: A bill to amend Code Section 16-9-31 of the Official Code of Georgia Annotated, relating to financial transaction card theft, so as to repeal the provisions that taking, obtaining, or withholding a financial transaction card without consent of the card owner or issuer is theft by taking. Referred to Committee on Banking and Financial Institutions. SB 152. By Senators Egan of the 40th, Clay of the 37th and Steinberg of the 42nd: A bill to amend Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to outdoor advertising along the state highway sys tem, so as to provide that the Department of Transportation shall not allow or undertake the removal, trimming, cutting, clearance, or alteration of any trees or vegetation on the state's rights of way to improve the visibility of any outdoor advertising sign; to provide for the revocation or withholding of permits under certain circumstances. Referred to Committee on Natural Resources. SB 153. By Senators Deal of the 49th and Garner of the 30th: A bill to amend Code Section 47-2-244 of the Official Code of Georgia Annotated, relating to retirement benefits available to appellate court judges; age, service, and contribution requirements; disability benefits; and survivors' benefits, so as to provide an exception to the provision that an appellate court judge who serves beyond a certain age shall forfeit certain benefits and contributions; to provide an effective date. Referred to Committee on Retirement. SB 154. By Senator Johnson of the 47th: A bill to amend Code Section 33-24-3 of the Official Code of Georgia Annotated, relating to the requirements for finding an insurable interest for purposes of ob taining personal insurance, so as to clarify the intent of the law that any corpora tion, foreign or domestic, shall have an insurable interest in the life or physical or mental ability of any of its directors, officers, or employees or the directors, of ficers, or employees of any of its subsidiaries. Referred to Committee on Judiciary. SB 155. By Senators Scott of the 36th, Foster of the 50th, Kidd of the 25th and others: A bill to amend Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to students and school attendance, so as to change the maxi mum age at which a child is required to be enrolled in a public school, private school, or home study program; to change the provisions relating to exemptions from compulsory attendance; to provide for an effective date. Referred to Committee on Education. SB 156. By Senators Pollard of the 24th, Taylor of the 12th and Clay of the 37th: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide that it shall be unlawful for any per son to possess an open container of an alcoholic beverage while operating a motor vehicle or while a passenger in a motor vehicle; to provide for a definition; to provide for exceptions; to provide for penalties. Referred to Committee on Judiciary. WEDNESDAY, JANUARY 30, 1991 191 SB 157. By Senators Pollard of the 24th, Taylor of the 12th and Clay of the 37th: A bill to amend Code Section 40-5-57 of the Official Code of Georgia Annotated, relating to suspension or revocation of the driver's license of habitually negligent or dangerous drivers, so as to provide for the assessment of additional points on a second or subsequent conviction of speeding. Referred to Committee on Special Judiciary. SB 158. By Senators Coleman of the 1st, Hill of the 4th and Thompson of the 33rd: A bill to amend Code Section 32-6-51 of the Official Code of Georgia Annotated, relating to the prohibition and regulation of signs, signals, devices, or structures on or near the rights of way of public roads, so as to authorize the erection and maintenance of bus shelters on rights of way of public roads; to authorize com mercial advertisements on such bus shelters. Referred to Committee on Transportation. SB 159. By Senators Olmstead of the 26th and Albert of the 23rd: A bill to amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to the Georgia Board of Dentistry and the licensed practice of dentistry, so as to change the penalty for the practice of dentistry without a license. Referred to Committee on Health and Human Services. SB 160. By Senator English of the 21st: A bill to amend Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to the licensing of auctioneers, so as to authorize the Georgia Auctioneers Commission to require continuing education; to change the provisions of reci procity; to authorize the commission to charge fees. Referred to Committee on Governmental Operations. SB 161. 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 provide for the creation of the auctioneers educa tion, research, and recovery fund; to provide for fees; to provide for the use of such fund; to provide for the administration of the fund; to provide for a mini mum balance; to provide for claims, payments, and liability. Referred to Committee on Governmental Operations. SR 105. By Senator Tysinger of the 41st: A resolution relative to the federal nonconventional fuel tax credit. Referred to Committee on Finance and Public Utilities. SR 106. By Senator Kidd of the 25th: A resolution authorizing the conveyance of certain state owned real property lo cated in Baldwin County, Georgia, to Garvis Youngblood and the acceptance of certain real property owned by Garvis Youngblood located in Baldwin County, Georgia, in consideration therefor; to provide an effective date. Referred to Committee on Finance and Public Utilities. 192 JOURNAL OF THE SENATE SR 107. By Senators Shumake of the 39th, Tate of the 38th, Alien of the 2nd and Hammill of the 3rd: A resolution urging the Board of Regents of the University System of Georgia to change the name of Atlanta Metropolitan College to King-Abernathy State College. Referred to Committee on Higher Education. The following bills and resolution of the House were read the first time and referred to committees: HB 33. By Representative Cummings of the 17th: A bill to amend Article 4 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to procedures controlling retirement bills in the General As sembly under the "Public Retirement Systems Standards Law," so as to require certification by the state auditor as a condition precedent to the introduction of any retirement bill, including a retirement bill having a fiscal impact. Referred to Committee on Retirement. HB 34. By Representative Cummings of the 17th: A bill to amend Article 6 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to miscellaneous provisions of the "Public Retirement Sys tems Standards Law," so as to provide that a certain amendment to the law au thorizing boards of trustees of retirement or pension systems to increase benefits to offset wholly or partially the taxation of such benefits under Georgia income tax laws shall not be subject to the said "Public Retirement Systems Standards Law". Referred to Committee on Retirement. HB 35. By Representative Cummings of the 17th: A bill to amend Code Section 47-1-30 of the Official Code of Georgia Annotated, relating to the authority of boards of trustees of public retirement systems to increase benefits to offset wholly or partially the taxation of benefits under Geor gia income tax laws, so as to provide that the authority granted by said Code section shall apply to both present and future retirees and beneficiaries. Referred to Committee on Retirement. HB 40. By Representative Cummings of the 17th: A bill to amend Code Section 47-2-141 of the Official Code of Georgia Annotated, relating to employer contributions made to the Employees' Retirement System of Georgia on behalf of members while in the armed forces under certain conditions, so as to provide that such employer contributions shall be made by employers and shall be paid into the pension accumulation fund. Referred to Committee on Retirement. HB 43. By Representative Cummings of the 17th: A bill to amend Code Section 47-2-222 of the Official Code of Georgia Annotated, relating to the normal and accrued liability employer contribution rates for cer tain state departments, so as to change the provisions relating to the amount of such contributions. Referred to Committee on Retirement. WEDNESDAY, JANUARY 30, 1991 193 HB 47. By Representative Pinkston of the 100th: A bill to amend Code Section 10-1-7 of the Official Code of Georgia Annotated, relating to the provision for payment of delinquency charges, attorneys' fees, court costs, and check dishonor fees under "The Retail Installment and Home Solicitation Sales Act," so as to change the minimum amount of check dishonor fee; to amend Code Section 13-6-15 of the Official Code of Georgia Annotated, relating to damages for writing bad checks, so as to change the amount of the service charge. Referred to Committee on Banking and Financial Institutions. HB 78. By Representatives Buck of the 95th and Cummings of the 17th: A bill to amend Code Section 47-3-68 of the Official Code of Georgia Annotated, relating to members of the Teachers Retirement System of Georgia who are eligi ble to participate in the optional retirement plan of the Board of Regents of the University System of Georgia, so as to clarify the provisions relating to the accu mulated contributions of members who elect or have elected to participate in said optional retirement plan. Referred to Committee on Retirement. HB 173. By Representatives Lee of the 72nd, Groover of the 99th and Walker of the 115th: A bill to amend Article 2 of Chapter 3 of Title 28 of the Official Code of Georgia Annotated, relating to the Secretary of the Senate and the Clerk of the House of Representatives, so as to change provisions relating to succession to the office of Clerk of the House. Referred to Committee on Rules. HB 174. By Representative Reaves of the 147th: A bill to amend Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to prevention and control of disease in livestock, so as to provide for injunctions in connection with bovine diseases and swine mycobacteriosis and the practices and procedures connected therewith. Referred to Committee on Agriculture. HB 177. By Representative Reaves of the 147th: A bill to amend Code Section 10-2-5 of the Official Code of Georgia Annotated, relating to the powers and duties of the Commissioner of Agriculture relating to weights and measures, so as to delete certain provisions relating to packaged commodities. Referred to Committee on Agriculture. HB 218. By Representatives Alford of the 57th, Oliver of the 53rd and Lane of the 27th: A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Au thority Act of 1965," as amended, so as to provide for the preparation, filing, availability, and public notice of the Authority's annual report and certain listings. Referred to Committee on Urban and County Affairs. HB 219. By Representatives Alford of the 57th, Oliver of the 53rd and Lane of the 27th: A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Au thority Act of 1965," as amended, so as to provide clarification of the jurisdiction 194 JOURNAL OF THE SENATE granted to the Authority's security and police force and to provide for qualifica tions and powers and grant immunity to officers of such force. Referred to Committee on Urban and County Affairs. HB 221. By Representatives Alford of the 57th, Oliver of the 53rd and Lane of the 27th: A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Au thority Act of 1965," as amended, so as to provide that the interest income from certain reserve funds may be used to pay operating costs until June 30, 1994. Referred to Committee on Urban and County Affairs. HB 256. By Representative Reaves of the 147th: A bill to amend Article 2 of Chapter 2 of Title 10 of the Official Code of Georgia Annotated, relating to certified public weighers, so as to repeal the provisions of Code Section 10-2-44, relating to surety bonds of certified public weighers; to amend Code Section 10-2-50, relating to weighing leaf tobacco and livestock, so as to correct a reference. Referred to Committee on Agriculture. HB 294. By Representatives Bates of the 141st and Long of the 142nd: A bill to amend an Act abolishing the offices of Tax Receiver and Tax Collector of Decatur County and creating in lieu thereof the office of Tax Commissioner of Decatur County, so as to change the compensation of the Tax Commissioner. Referred to Committee on Urban and County Affairs. HR 16. By Representative Lane of the 27th: A resolution proposing an amendment to the Constitution so as to require that when local Acts of the General Assembly repeal constitutional amendments ap plicable to particular political subdivisions, each such local Act shall be condi tioned for its effectiveness on approval by a majority of the qualified voters vot ing thereon in the particular political subdivision or subdivisions affected by the amendment. Referred to Committee on Urban and County Affairs (General). The following reports of standing committees were read by the Secretary: Mr. President: The Committee on Defense and Veteran Affairs has had under consideration the follow ing resolutions of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SR 31. Do pass. SR 56. Do pass. SR 60. Do pass. Respectfully submitted, Senator Perry of the 7th District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following bill of the Sen ate and has instructed me to report the same back to the Senate with the following recommendation: WEDNESDAY, JANUARY 30, 1991 195 SB 54. Do pass by substitute. Respectfully submitted, Senator Baldwin of the 29th District, Chairman Mr. President: The Committee on Public Safety has had under consideration the following bills and resolutions of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 69. Do pass. SR 32. Do pass. SB 75. Do pass. SR 69. Do pass. SB 81. Do pass. Respectfully submitted, Senator Bowen of the 13th District, Chairman Mr. President: The Committee on Special Judiciary has had under consideration the following bills and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 21. Do pass by substitute. SB 72. Do pass. SR 70. Do pass. Respectfully submitted, Senator Edge of the 28th District, Chairman Mr. President: The Committee on Urban and County Affairs has had under consideration the following bill and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following reommendations: SB 119. Do pass. HR 15. Do pass by substitute. Respectfully submitted, Senator Harris of the 27th District, Chairman Mr. President: The Committee on Youth, Aging and Human Ecology 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 87. Do pass by substitute. Respectfully submitted, Senator Scott of the 36th District, Chairman Mr. President: The Committee on Urban and County Affairs has had under consideration the following 196 JOURNAL OF THE SENATE bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SR 64. Do pass. HB 171. Do pass. HB 127. Do pass. HB 172. 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 4. By Senator Shumake of the 39th: A bill to amend Article 2A of Chapter 5 of Title 21 of the Official Code of Geor gia Annotated, relating to contributions to candidates for state-wide office or the General Assembly, so as to limit the amount of contributions which persons, cor porations, political committees, and other entities may contribute to candidates for public office; to provide for definitions; to provide for related matters; to pro vide for an effective date and applicability. SB 26. By Senator Alien of the 2nd: A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to number of judges of superior courts, so as to provide for a sixth judge of the Superior Court of the Eastern Judicial Circuit of Georgia; to provide for the appointment of such additional judge by the Governor. SB 41. By Senator Egan of the 40th: A bill to amend Article 1 of Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to probate of domestic wills, so as to provide that a will lost during the testator's lifetime may be probated in the same manner as a copy of a will which has been lost or destroyed subsequent to the death of the testator is allowed to be probated; to provide for related matters; to provide an effective date. SB 46. By Senator Kidd of the 25th: A bill to amend Article 2 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the creation, administration, and management of the as sets of the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide for an additional member on the Board of Commissioners of the Judges of the Probate Courts Retirement Fund of Georgia, which additional member shall be a member of the fund and a retired judge of the probate court. SB 51. By Senators Deal of the 49th, Baldwin of the 29th, Edge of the 28th and Johnson of the 47th: A bill to amend the Official Code of Georgia Annotated, so as to revise and su persede Title 24, relating to evidence; to provide for general provisions relating to the rules of evidence; to provide for a statement of purpose; to provide for con struction; to provide for definitions; to provide for applicability of the rules of evidence; to provide for rulings on evidence; to provide for preliminary questions. SB 53. By Senator Phillips of the 9th: A bill 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 relating to the exemption of peace officers from certain prohibitions regarding the carrying of certain weapons and firearms; to provide for a statutory cross-reference; to provide an effective date. WEDNESDAY, JANUARY 30, 1991 197 SB 55. By Senator Deal of the 49th: A bill to amend Code Section 28-7-2 of the Official Code of Georgia Annotated, relating to registration with the Secretary of State of persons representing per sons or organizations before the General Assembly, so as to require persons rep resenting state departments, agencies, boards, commissions, or authorities to reg ister; to exempt such state officials from the registration fee. SB 56. By Senator Ramsey of the 54th: A bill to amend Code Section 48-5-161 of the Official Code of Georgia Annotated, relating to issues of execution and levy administration fees, so as to provide that a levy administration fee may include reasonable attorneys' fees and shall not be less than $150.00; to provide for related matters; to provide an effective date. SB 57. By Senator Ramsey of the 54th: A bill to amend Code Section 16-6-5.1 of the Official Code of Georgia Annotated, relating to sexual assault against a person in custody, so as to provide that a person commits sexual assault when he engages in sexual contact with another person who is a probationer under the state-wide probation system and such ac cused person has supervisory or disciplinary authority over such other person; to provide a penalty. SB 58. By Senator Ramsey of the 54th: A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to define the offenses of feti cide by vehicle in the first degree and feticide by vehicle in the second degree; to provide penalties. SB 62. 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 probate courts in general, so as to provide for the nonpar tisan election of probate court judges; to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries in general, so as to provide for the procedure for qualifying for the office of probate court judge. SB 66. By Senator Pollard of the 24th: A bill to amend Code Section 33-1-9 of the Official Code of Georgia Annotated, relating to the offense of insurance fraud, so as to provide that such offense shall constitute a felony. SB 82. By Senator Kidd of the 25th: A bill to amend Chapter 39A of Title 43 of the Official Code of Georgia Anno tated, known as the "Real Estate Appraiser Licensing and Certification Act," so as to change the definition of certain terms; to change provisions relating to terms of office of members of the Georgia Real Estate Appraisers Board; to pro vide an effective date. SB 96. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Code Section 50-23-3 of the Official Code of Georgia Annotated, relating to creation of the Georgia Environmental Facilities Authority, so as to change the qualifications of certain members of the authority; to provide for re lated matters; to provide an effective date. 198 JOURNAL OF THE SENATE SB 98. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Part 4 of Article 6 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Stone Mountain Memorial Association, so as to add two members to the association; to change provisions relating to the selec tion and terms of service of members; to provide an effective date. SB 99. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Part 3 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Lake Lanier Islands Development Authority, so as to add two members to the authority; to change provisions relating to the selection and terms of service of members; to provide an effective date. SR 15. By Senator Kidd of the 25th: A resolution designating the 441 By-Pass Highway around the City of Eatonton as the J.P. Marshall By-Pass. SR 25. By Senator Kidd of the 25th: A resolution relative to the conversion of abandoned railroad rights of way into trails for public use. SR 36. By Senators Collins of the 17th, Foster of the 50th and Newbill of the 56th: A resolution commending the members and sponsors of the Georgia Chapters of the Future Homemakers of America/Home Economics Related Occupations (FHA/HERO) youth service organization and proclaiming February 7, 1991, as FHA/HERO Day at the state capitol. SR 57. By Senators Newbill of the 56th, Kidd of the 25th, Gillis of the 20th and others: A resolution urging the Commissioner of Insurance of the State of Georgia to designate a senior citizens assistance officer for the Insurance Department. SR 66. By Senators Hammill of the 3rd, Echols of the 6th, Robinson of the 16th and others: A resolution urging the Senate offices to purchase paper products manufactured from recycled paper or fiber. HB 85. By Representatives Coleman of the 118th, Walker of the 115th, Adams of the 79th and others: A bill to amend an Act providing appropriations for State Fiscal Year 1990-1991 known as the "General Appropriations Act". The President called for the morning roll call, and the following Senators answered to their names: Albert Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Huggins Kidd Langford Marable Moye Newbill Olmstead Perdue Phillips WEDNESDAY, JANUARY 30, 1991 199 I Pollard | Ragan of 10th >' R*mSey Robinson Scott Starr Steinberg Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not answering were Senators: Dean Hooks : Johnson Perry Ragan of 32nd Shumake Tate Senator Moye of the 34th introduced the chaplain of the day, Reverend D. B. Shelnutt, Jr., pastor of the North Fayette United Methodist Church, Fayetteville, Georgia, who of fered scripture reading and prayer. The following resolutions of the Senate were read and adopted: SR 108. By Senators Turner of the 8th and Dean of the 31st: A resolution endorsing and commending the Georgia Recreation Park Association. ;; SR ' 109. By Senators Hill of the 4th, Alien of the 2nd, Coleman of the 1st and Hammill of the 3rd: A resolution commending Georgia Southern University Head Coach Tim Stowers. SR 110. By Senators Hill of the 4th, Hammill of the 3rd and Alien of the 2nd: A resolution commending the Georgia Southern University football team for win- \ ning the 1990 NCAA Division I-AA national championship. SR 111. By Senators Foster of the 50th and Perry of the 7th: A resolution commending and recognizing Mr. Billy J. Clack. The following local uncontested resolution of the Senate and bills of the House, favora bly reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage: SENATE LOCAL CONSENT CALENDAR Wednesday, January 30, 1991 EIGHTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) SR : ; 64 Ragan, 32nd Clay, 37th Newbill, 56th Thompson, 33rd Urges the Senate and House Committees on Appropriations to appropriate funding for a heritage park in the Concord Historic District in Cobb County. 200 JOURNAL OF THE SENATE HB 127 Foster, 50th Provides for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of Stephens County. HB 171 Timmons, llth Create a board of commissioners of Webster County. HB 172 Johnson, 47th To amend an Act incorporating the City of Carlton, so as to change the time of election and terms of office of the mayor and councilmen and change the provisions relating to vacancies. The report of the committee, which was favorable to the passage of the bills and resolu tion as reported, was agreed to. On the passage of all the bills and resolution on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Hill Hooks Huggins Johnson Kidd Marable Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd White Those not voting were Senators: Dean Henson Langford Moye Walker of 43rd On the passage of all the local bills and resolution, the yeas were 51, nays 0. All the bills and resolution on the Senate Local Consent Calendar, having received the requisite constitutional majority, were passed. SENATE CALENDAR Wednesday, January 30, 1991 EIGHTH LEGISLATIVE DAY SB 101 Consumers' Utility Counsel--repeal automatic repeal in Code (F&PU--45th) SB 103 Property Assessment Appeal--when no change by board of tax assessors (F&PU--44th) WEDNESDAY, JANUARY 30, 1991 201 ; SR I SR SR SR SR SR SR SR SR 39 Troup County--easement for audio transmission cable on State property (F&PU--29th) 40 Cobb County--easement for water system on State property (F&PU--33rd) 41 Whitfield County--easement for certain thoroughfare on State property (F&PU--51st) 42 Dawson County--easement for electrical line on State property (F&PU--50th) 44 Early County--easement for audio transmission cable on State property (F&PU--llth) 45 Seminole County--conveyance of certain State property (F&PU--llth) 55 Monroe County--easement for audio transmission cable on State property (F&PU--27th) 67 Fulton County--exchange of property with Georgia Power Company (F&PU--39th) 68 Fulton County--conveyance and acceptance of certain property (F&PU--39th) The following general bills of the Senate, favorably reported by the committee, were read the third time and put upon their passage: SB 101. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: ; A bill to amend Chapter 10 of Title 46 of the Official Code of Georgia Annotated, i' relating to the consumers' utility counsel, so as to change the provisions relative I to the automatic repeal of said Chapter 10; 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 Alien Baldwin Bowen Burton Clay Coleman Collins Dawkins Deal Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Johnson Kidd Marable Newbill Olms tead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Bishop Broun Dean Huggins Langford Moye On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. 202 JOURNAL OF THE SENATE SB 103. By Senator Starr of the 44th: A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization and appeals from asssessments of county boards of tax assessors, so as to provide that when an appeal of an assess ment is made to the county board of tax assessors and no change or correction is made by said county board of tax assessors, the notice sent to the taxpayer shall also be sent to the county board of equalization and shall constitute the tax payer's appeal to the county board of equalization without the necessity of the taxpayer's filing any additional notice of appeal. Senator Collins of the 17th offered the following amendment: Amend SB 103 by inserting on page 3, line 1, after "written notice thereof the following: "by certified mail return receipt". On the adoption of the amendment, the yeas were 25, nays 12, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Baldwin Bishop Bowen Broun B urton C ,y. DrD;eaawl,km? s Dean Echols Edge Egan English Foster Garner Gillis Harris Henson Hill Hooks Huggins JTKo^lhd-Jnd,son Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Shumake Starr mTStaetienberg Taylor Thompson Timmons Turner Tysinger Walker of 22nd White Those voting in the negative were Senators: Albert Alien Coleman Hasty Marable Walker of 43rd Those not voting were Senators: Hammill Langford Moye Scott On the passage of the bill, the yeas were 46, nays 6. WEDNESDAY, JANUARY 30, 1991 203 The bill, having received the requisite constitutional majority, was passed as amended. Senator Broun of the 46th introduced the University of Georgia baseball team, who were commended by SR 28, adopted previously, as the 1990 NCAA Division I National Champions, and Head Coach Steve Webber briefly addressed the Senate. The following general resolutions of the Senate, favorably reported by the committee, were read the third time and put upon their adoption: SR 39. By Senator Baldwin of the 29th: A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of an audio transmission cable in, on, over, under, upon, across, or through property owned by the State of Georgia in Troup County, Georgia; to provide an effective date. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Hammill Harris Hasty Henson Hill Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Gillis Hooks Shumake On the adoption of the resolution, the yeas were 53, nays 0. The resolution, having received the requisite constitutional majority, was adopted. SR 40. By Senators Thompson of the 33rd and Clay of the 37th: A resolution authorizing the grant of a nonexclusive easement for construction, operation, and maintenance of a water distribution system in, on, over, under, upon, across, or through property owned by the State of Georgia in Cobb County, Georgia; to provide an effective date. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. 204 JOURNAL OF THE SENATE On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun C._,l. ay CCoollelimnsan Dean Echols Edge Egan Foster Garner Gillis Hammill Harris Hasty Henson Hm Hooks _H_uggm. s JKoihdndson Langford Marable Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Rav Robinson a-ntt Q gtLaUrtrt S,, tei.nb, erg *?te Thompson Timmons Turner Tysinger Walker of 43rd White Those not voting were Senators: Burton Dawkins Deal English Moye Ramsey Shumake Taylor Walker of 22nd On the adoption of the resolution, the yeas were 47, nays 0. The resolution, having received the requisite constitutional majority, was adopted. SR 41. By Senators Hasty of the 51st and Ramsey of the 54th: A resolution authorizing the grant of a nonexclusive easement for construction, operation, and maintenance of a thoroughfare known as Abutment Road and slope considerations thereto over property owned by the State of Georgia in Whitfield County, Georgia; to provide an effective date. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bowen Broun Burton Clay Collins Dawkins Deal Dean Echols Edge Egan Foster Garner Gillis Hammill Harris Hasty Hill Hooks Huggins Johnson Kidd Langford Marable Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott WEDNESDAY, JANUARY 30, 1991 205 Shumake Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 43rd White Those not voting were Senators: Bishop Coleman English Henson Moye Walker of 22nd On the adoption of the resolution, the yeas were 50, nays 0. The resolution, having received the requisite constitutional majority, was adopted. SR 42. By Senator Foster of the 50th: A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of an electrical power transmission line in, on, over, under, upon, across, or through property owned by the State of Georgia in Dawson County, Georgia; to provide an effective date. Senator Foster of the 50th offered the following amendment: Amend SR 42 by striking on page 3, line 21, the following: ", Company". On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the adoption of the resolution, 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 Alien Baldwin Bishop Broun Burton ~ lay LCDoalwfh.mknisanns Deal J^aWIVIlJO Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Hill Huggins JK,o,l.hd,nd,son _Langf-ord. Marable Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 32nd Ramsey Ray Robinson Scott Shumake S aewali kins DEcehaonls Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins JVKoAihdAndson MMoayraeble Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr eTot.em b. erg T* ayl,or Thompson Timmons Turner Tysinger Walker of 22nd White Those not voting were Senators: Bishop Bowen Broun Langford Shumake Walker of 43rd On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. SB 62. 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 probate courts in general, so as to provide for the nonpartisan election of probate court judges; to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries in general, so as to provide for the procedure for qualifying for the office of probate court judge. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan THURSDAY, JANUARY 31, 1991 233 English Foster Garner Gillis Hammill Hast'8 Henson pjjjj Hooks Muggins Johnson Kidd Marable Moye Newbill Olmstead Perdue Perr? TMP? Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Steinberg Tate Taylr Thompson Timmons Turner Tysinger Walker of 22nd White Voting in the negative was Senator Starr. Those not voting were Senators: Bowen Langford Walker of 43rd On the passage of the bill, the yeas were 52, nays 1. The bill, having received the requisite constitutional majority, was passed. SB 66. By Senator Pollard of the 24th: A bill to amend Code Section 33-1-9 of the Official Code of Georgia Annotated, relating to the offense of insurance fraud, so as to provide that such offense shall constitute a felony. Senator Pollard of the 24th moved that SB 66 be committed to the Senate Committee on Insurance and Labor. On the motion, the yeas were 38, nays 0; the motion prevailed, and SB 66 was commit ted to the Senate Committee on Insurance and Labor. Senator Edge of the 28th moved that the following bill of the Senate, having been placed on the Table previously today, be taken from the Table: SB 57. By Senator Ramsey of the 54th: A bill to amend Code Section 16-6-5.1 of the Official Code of Georgia Annotated, relating to sexual assault against a person in custody, so as to provide that a person commits sexual assault when he engages in sexual contact with another person who is a probationer under the state-wide probation system and such ac cused person has supervisory or disciplinary authority over such other person; to provide a penalty. On the motion, the yeas were 43, nays 0; the motion prevailed, and SB 57 was taken from the Table and placed at the bottom of the Calendar for today. The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage: SB 82. By Senator Kidd of the 25th: A bill to amend Chapter 39A of Title 43 of the Official Code of Georgia Anno tated, known as the "Real Estate Appraiser Licensing and Certification Act," so as to change the definition of certain terms; to change provisions relating to 234 JOURNAL OF THE SENATE terms of office of members of the Georgia Real Estate Appraisers Board; to pro vide an effective date. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton CC~;oo,llyleimnsan Dawkins Deal j)ean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill H.H,ouogkgsm. s J*"\son Kldd Marable Move Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson S0Sctaortrt Steinberg Tate Taylor Thompson Timmons Turner Tysinger White Those not voting were Senators: Langford Shumake Walker of 22nd Walker of 43rd On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Deal of the 49th introduced twenty 4-H Club National Winners who were com mended individually by resolutions adopted previously. Lieutenant Governor Howard introduced Honorable Barry Holmes of the British Con sulate and Honorable Andrew Wood, Deputy Head of the Consulate in Washington, D. C. 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 96. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Code Section 50-23-3 of the Official Code of Georgia Annotated, relating to creation of the Georgia Environmental Facilities Authority, so as to change the qualifications of certain members of the authority; to provide for re lated matters; to provide an effective date. The report of the committee, which was favorable to the passage of the bill, was agreed to. THURSDAY, JANUARY 31, 1991 235 On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Tate Taylor Thompson Turner Tysinger Walker of 22nd White Those not voting were Senators: Bishop Langford Starr Steinberg Timmons Walker of 43rd On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 98. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Part 4 of Article 6 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Stone Mountain Memorial Association, so as to add two members to the association; to change provisions relating to the selec tion and terms of service of members; 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 Alien Baldwin Bishop Bowen Broun Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott 236 JOURNAL OF THE SENATE Shumake Steinberg Tate Thompson Turner Tysinger White Voting in the negative was Senator Burton. Those not voting were Senators: Langford Starr Taylor Timmons Walker of 22nd Walker of 43rd On the passage of the bill, the yeas were 49, nays 1. The bill, having received the requisite constitutional majority, was passed. SB 99. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Part 3 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Lake Lanier Islands Development Authority, so as to add two members to the authority; to change provisions relating to the selection and terms of service of members; 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 Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Olmstead Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate Thompson Turner Tysinger White Those not voting were Senators: Langford Phillips Taylor Timmons Walker of 22nd Walker of 43rd On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. SR 15. By Senator Kidd of the 25th: A resolution designating the 441 By-Pass Highway around the City of Eatonton as the J. P. Marshall By-Pass. THURSDAY, JANUARY 31, 1991 237 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 Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge English Foster Garner Hammill Harris Hasty Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate Taylor Thompson Turner Tysinger White Those not voting were Senators: Egan Gillis Henson Langford Timmons Walker of 22nd Walker of 43rd On the adoption of the resolution, the yeas were 49, nays 0. The resolution, having received the requisite constitutional majority, was adopted. SR 25. By Senator Kidd of the 25th: A resolution relative to the conversion of abandoned railroad rights of way into trails for public use. 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 Alien Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Olmstead Perdue Perry 238 JOURNAL OF THE SENATE Phillips Pollard Ragan of 10th Ragan of 32nd Ray Robinson Scott Shumake Steinberg Tate Taylor Thompson Turner Tysinger White Voting in the negative was Senator Baldwin. Those not voting were Senators: Egan Langford Ramsey Starr Timmons Walker of 22nd Walker of 43rd On the adoption of the resolution, the yeas were 48, nays 1. The resolution, having received the requisite constitutional majority, was adopted. SR 36. By Senators Collins of the 17th, Foster of the 50th and Newbill of the 56th: A resolution commending the members and sponsors of the Georgia Chapters of the Future Homemakers of America/Home Economics Related Occupations (FHA/HERO) youth service organizations and proclaiming February 7, 1991, as FHA/HERO Day at the state capitol. 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 Alien Baldwin Bishop Bowen Burton CCx--,,.loa,lyeman DCoalwliknisns Dean Echols Edge English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks JHTTTouhi gngsmons KMiadrdable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Rav Robinson ,,,,** O So,,,fhCluuOmmtl aaKkpe ^Steinb, erg Tate Taylor Thompson Turner Tysinger White Those not voting were Senators: Deal Egan Langford Timmons Walker of 22nd Walker of 43rd On the adoption of the resolution, the yeas were 50, nays 0. The resolution, having received the requisite constitutional majority, was adopted. THURSDAY, JANUARY 31, 1991 239 Senator Garner of the 30th moved that Senator Langford of the 35th be excused from the Senate today in order that he might attend a funeral. On the motion, the yeas were 42, nays 0; the motion prevailed, and Senator Langford of the 35th was excused from the Senate today. The following resolutions of the Senate, favorably reported by the committees, were read the third time and put upon their adoption: SR 57. By Senators Newbill of the 56th, Kidd of the 25th, Gillis of the 20th and others: A resolution urging the Commissioner of Insurance of the State of Georgia to designate a senior citizens assistance officer for the Insurance 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 Alien Baldwin Bishop Bowen Broun Burton Clay C/-, o-li eman CDoalwliknisns Deal Dean Echols Edge English Foster Gillis Hammill Harris Hasty Henson Hil1 Hooks Huggins JTohi nson KMiadrdable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Hay Robinson Scott Shumake ,,OIlUIIlaKt? ^Stemb, erg Iate Taylor Thompson Turner Tysinger White Those not voting were Senators: Egan Garner Langford (excused) Timmons Walker of 22nd Walker of 43rd On the adoption of the resolution, the yeas were 50, nays 0. The resolution, having received the requisite constitutional majority, was adopted. SR 66. By Senators Hammill of the 3rd, Echols of the 6th, Robinson of the 16th and others: A resolution urging the Senate offices to purchase paper products manufactured from recycled paper or fiber. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. 240 JOURNAL OF THE SENATE On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate Taylor Thompson Turner Tysinger White Those not voting were Senators: Egan Langford (excused) Timmons Walker of 22nd Walker of 43rd On the adoption of the resolution, the yeas were 51, nays 0. The resolution, having received the requisite constitutional majority, was adopted. Senator Garner of the 30th moved that the Senate do now adjourn until 9:15 o'clock A.M. tomorrow, and the motion prevailed. At 12:20 o'clock P.M., the President announced the Senate adjourned until 9:15 o'clock A.M. tomorrow. FRIDAY, FEBRUARY 1, 1991 241 Senate Chamber, Atlanta, Georgia Friday, February 1, 1991 Tenth Legislative Day The Senate met pursuant to adjournment at 9:15 o'clock A.M. today and was called to order by the President. Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House: HB 326. By Representatives Dobbs of the 74th and Stancil of the 66th: A bill to amend an Act to provide additional powers, duties, rights, obligations, and responsibilities for the Newton County Industrial Development Authority, so as to provide for additional authority with respect to the issuance of revenue bonds. HB 327. By Representatives Dobbs of the 74th and Stancil of the 66th: A bill to amend an Act providing for a new board of education of Newton County, as amended, so as to change the provisions relative to the compensation of the members and the chairman of the board. HB 330. By Representatives Clark of the 20th, Post 3, Aiken of the 21st, Wilder of the 21st, Clark of the 20th, Post 4, Klein of the 21st and others: A bill to provide for the determination of the millage rate by the governing au thorities of Cobb County and the Cobb County School District. HB 355. By Representative Skipper of the 116th: A bill to abolish the elected office of treasurer of Sumter County; to authorize the Board of Commissioners of Sumter County to designate an employee of the county or some other person or entity to perform the duties of treasurer and prescribe the powers and duties of such person or entity. HB 356. By Representatives Poston of the 2nd and Poag of the 3rd: A bill placing the judge of the Probate Court of Catoosa County and the clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees, so as to authorize the judge of the probate court to employ part-time clerical assistance. HB 359. By Representative Skipper of the 116th: A bill to provide for the creation of one or more community improvement dis tricts in Sumter County and in each municipality therein; to provide for a short title; to provide for the purposes of said districts; to provide for definitions; to provide for boards to administer said districts; to provide for taxes, fees and as sessments; to provide for the boundaries of said districts. 242 JOURNAL OF THE SENATE HB 361. By Representative Barnett of the 10th: A bill to create the Cumming-Forsyth County Unification Commission. HB 362. By Representative Royal of the 144th: A bill to provide for the creation of the office of county administrator of Mitchell County; to provide for the appointment of the administrator; to provide for the powers, duties, and responsibilities of the administrator; to provide for an acting county administrator. The House has agreed to the Senate substitute to the following bill of the House: HB 85. By Representatives Coleman of the 118th, Walker of the 115th, Adams of the 79th and Parrish of the 109th: A bill to amend an Act providing appropriations for State Fiscal Year 1990-1991 known as the "General Appropriations Act". The following bills and resolution of the Senate were introduced, read the first time and referred to committees: SB 177. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, known as the "State-wide Probation Act," so as to provide that as a condition of probation, certain probationers may be required to complete satis factorily a program of incarceration or confinement in a "special alternative in carceration--probation boot camp" unit of the Department of Corrections for a period of 90 days from the time of initial confinement in the unit. Referred to Committee on Special Judiciary. SB 178. By Senators Thompson of the 33rd, Newbill of the 56th, Dean of the 31st and Garner of the 30th: A bill to amend Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to criminal trial proceedings, so as to change the provisions regarding closed circuit television testimony by certain children who are victims or witnesses of certain crimes; to provide an effective date. Referred to Committee on Youth, Aging and Human Ecology. SB 179. By Senators Coleman of the 1st, Alien of the 2nd and Hammill of t'ie 3rd: A bill to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to provide for limited immunity from liability for persons responding to an oil spill or threat of an oil spill; to provide for defi nitions; to provide for applicability; to provide for certain liability regarding re moval costs and damages; to provide for liability with respect to certain responsi ble parties. Referred to Committee on Natural Resources. SB 180. By Senators Ragan of the 10th, Foster of the 50th, Hasty of the 51st and others: A bill to amend Code Section 45-20-51 of the Official Code of Georgia Annotated, relating to definitions applicable to allowing voluntary deductions from wages or salaries of state employees for the benefit of certain charitable organizations, so as to change the definition of an eligible voluntary charitable organization to in clude the Georgia Fund for Technical and Adult Education, Inc. Referred to Committee on Education. FRIDAY, FEBRUARY 1, 1991 243 SB 181. By Senator Garner of the 30th: A bill to amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, so as to provide for continuing education for certain holders of certificates of registration; to provide for revocation and reinstatement of certificates. Referred to Committee on Governmental Operations. SB 182. By Senator Garner of the 30th: A bill to amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fire and other hazards, so as to require that nursing homes be equipped with certain sprinkler systems. Referred to Committee on Youth, Aging and Human Ecology. SB 183. By Senators Garner of the 30th and Olmstead of the 26th: 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 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 this Act shall be liable for the cost thereof; to provide an effective date. Referred to Committee on Governmental Operations. SB 184. By Senator Johnson of the 47th: A bill to amend Code Section 51-10-6 of the Official Code of Georgia Annotated, relating to the owner's right of action for damage to or theft involving personal property, so as to provide for the recovery of compensatory damages, minimum liquidated exemplary damages, reasonable attorney's fees, and costs in actions pursuant to this Code section in which the claim value does not exceed $5,000.00 and to provide for the recovery of damages from the parents or legal guardian of certain unemancipated minors liable under this Code section. Referred to Committee on Judiciary. SB 185. By Senator Kidd of the 25th: A bill to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions concerning solid waste manage ment, so as to change the provisions relating to the issuance of a permit for a municipal solid waste landfill within two miles of a significant ground-water recharge area. Referred to Committee on Natural Resources. SB 186. By Senators Steinberg of the 42nd, Scott of the 36th and Henson of the 55th: A bill to amend Code Section 31-8-115 of the Official Code of Georgia Annotated, relating to use of payments made on behalf of residents of long-term care facili ties, so as to provide for irrevocable letters of credit instead of bonds for certain purposes. Referred to Committee on Youth, Aging and Human Ecology. SB 187. By Senators Ray of the 19th, Kidd of the 25th, Perry of the 7th 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 employees of the Department of Corrections may retire at 55 years of age, 244 JOURNAL OF THE SENATE with at least ten years of creditable service, and may receive benefits accrued to such time. Referred to Committee on Retirement. SB 188. By Senators Hammill of the 3rd, Hill of the 4th and Tysinger of the 41st: A bill to amend Chapter 19 of Title 43 of the Official Code of Georgia Annotated, relating to geologists, so as to change certain provisions; to provide that the board may accept supervision by certain individuals; to change the provisions relating to certification in a specialty; to delete board approval of sources for seals. Referred to Committee on Governmental Operations. SB 189. By Senators Deal of the 49th and Garner of the 30th: A bill to amend Code Section 28-4-1, relating to the Legislative Services Commit tee of the General Assembly, so as to change the composition of the committee; to provide for related matters; to provide an effective date. Referred to Committee on Governmental Operations. SR 122. By Senators Collins of the 17th, Perry of the 7th and Burton of the 5th: A resolution designating the "Raymond G. Davis Medal of Honor Highway". Referred to Committee on Transportation. The following bills of the House were read the first time and referred to committees: HB 326. By Representatives Dobbs of the 74th and Stancil of the 66th: A bill to amend an Act to provide additional powers, duties, rights, obligations, and responsibilities for the Newton County Industrial Development Authority, so as to provide for additional authority with respect to the issuance of revenue bonds. Referred to Committee on Urban and County Affairs. HB 327. By Representatives Dobbs of the 74th and Stancil of the 66th: A bill to amend an Act providing for a new board of education of Newton County, as amended, so as to change the provisions relative to the compensation of the members and the chairman of the board. Referred to Committee on Urban and County Affairs. HB 330. By Representatives Clark of the 20/3, Aiken of the 21st, Wilder of the 21st and others: A bill to provide for the determination of the millage rate by the governing au thorities of Cobb County and the Cobb County School District. Referred to Committee on Urban and County Affairs. HB 355. By Representative Skipper of the 116th: A bill to abolish the elected office of treasurer of Sumter County; to authorize the Board of Commissioners of Sumter County to designate an employee of the county or some other person or entity to perform the duties of treasurer and prescribe the powers and duties of such person or entity. Referred to Committee on Urban and County Affairs. FRIDAY, FEBRUARY 1, 1991 245 HB 356. By Representatives Poston of the 2nd and Poag of the 3rd: A bill placing the judge of the Probate Court of Catoosa County and the clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees, so as to authorize the judge of the probate court to employ part-time clerical assistance. Referred to Committee on Urban and County Affairs. HB 359. By Representative Skipper of the 116th: A bill to provide for the creation of one or more community improvement dis tricts in Sumter County and in each municipality therein; to provide for a short title; to provide for the purposes of said districts; to provide for definitions; to provide for boards to administer said districts; to provide for taxes, fees and as sessments; to provide for the boundaries of said districts. Referred to Committee on Urban and County Affairs. HB 361. By Representative Barnett of the 10th: A bill to create the Cumming-Forsyth County Unification Commission. Referred to Committee on Urban and County Affairs. HB 362. By Representative Royal of the 144th: A bill to provide for the creation of the office of county administrator of Mitchell County; to provide for the appointment of the administrator; to provide for the powers, duties, and responsibilities of the administrator; to provide for an acting county administrator. Referred to Committee on Urban and County Affairs. The following reports of standing committees were read by the Secretary: Mr. President: The Committee on Governmental Operations has had under consideration the following 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 10. Do pass by substitute. HB 68. Do pass. SB 33. Do pass by substitute. HB 195. Do pass. SB 130. Do pass. Respectfully submitted, Senator Kidd of the 25th District, Chairman Mr. President: The Committee on Health and Human Services has had under consideration the follow ing bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 107. Do pass by substitute. SB 143. Do pass by substitute. SB 128. Do pass. SB 159. Do pass. Respectfully submitted, Senator Olmstead of the 26th District, Chairman Mr. President: The Committee on Higher Education has had under consideration the following resolu- 246 JOURNAL OF THE SENATE j tion of the House and has instructed me to report the same back to the Senate with the jj following recommendation: HR 131. Do pass. Respectfully submitted, Senator Hammill of the 3rd District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following bills of the Sen ate and has instructed me to report the same back to the Senate with the following recommendations: SB 112. Do pass. SB 113. Do pass. SB 120. Do pass. Respectfully submitted, Senator Baldwin of the 29th District, Chairman ; Mr. President: ' The Committee on Natural Resources has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 94. Do pass by substitute. Respectfully submitted, Senator Gillis of the 20th 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 follow ing recommendation: SR 98. 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 83. Do pass. i HB 94. Do pass. HB 237. Do pass. HB 294. Do pass. '. HB 236. Do pass. Respectfully submitted, Senator Harris of the 27th District, Chairman FRIDAY, FEBRUARY 1, 1991 247 The following bills and resolutions of the Senate were read the second time: SB 48. By Senator Kidd of the 25th: A bill to amend Article 1 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to the Department of Veterans Service, so as to provide that the appointment of the administrator of the Georgia War Veterans Nursing Home in Augusta, Georgia, and the director of the Georgia State War Veterans' Home in Milledgeville, Georgia, shall be subject to approval by the Veterans Ser vice Board. SB 68. By Senators Hammill of the 3rd, Coleman of the 1st, English of the 21st and Hill of the 4th: A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to change certain language in reference to personal attendant care programs; to change a short title; to change a purpose; to change a definition; to change the authority of the Division of Rehabilitation Services of the Department of Human Resources; to change standards and guidelines. SB 85. By Senator Ramsey of the 54th: A bill to amend Part 1 of Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to grand juries in general, so as to provide that an additional grand jury panel may be summoned upon application by the district attorney to the chief judge; to provide the procedures for impaneling the addi tional grand jury; to provide the period that a second grand jury may serve. SB 97. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to enact the "Environmental Policy Act"; to provide for a short title; to provide for findings; to provide for defini tions; to provide for the disclosure of the environmental impacts of proposed state programs and projects. SB 102. By Senators Dawkins of the 45th, Taylor of the 12th, Robinson of the 16th and Thompson of the 33rd: A bill to amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to general matters relating to the Environmental Protection Division of the Department of Natural Resources, so as to provide for the appointment and removal of the director of such division; to create an Environmental Advisory Council; to provide for the composition of such council. SR 19. By Senator Kidd of the 25th: A resolution urging the United States Congress to adopt appropriate legislation which would require the states to use a portion of federal funds received for transportation purposes for the construction of trails for recreational and trans portation use. SR 95. By Senator Tysinger of the 41st: A resolution relative to granting leases on the coastal plain of the Arctic National Wildlife Refuge for exploration and development of oil and gas resources. The President called for the morning roll call, and the following Senators answered to their names: Albert Alien Baldwin Bishop Bowen Broun 248 JOURNAL OF THE SENATE Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ray Robinson Shumake Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger White Those not answering were Senators: Huggins Phillips Ramsey Scott Walker of 22nd Walker of 43rd Senator Coleman of the 1st introduced the chaplain of the day, Reverend Larry D. Wilson, pastor of Wilmington Island Baptist Church, Savannah, Georgia, who offered scrip ture reading and prayer. The following resolution of the Senate was read and adopted: SR 123. By Senator Johnson of the 47th: A resolution proclaiming Elbert County as the Purple Martin Capital of Georgia. Senator Starr of the 44th moved that the following bill of the House be withdrawn from the Senate Committee on Consumer Affairs and committed to the Senate Committee on Finance and Public Utilities: HB 32. By Representatives Parham of the 105th, Barnett of the 10th, Harris of the 84th and Bostick of the 138th: A bill to amend Article 28 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Motor Vehicle Warranty Rights Act," so as to provide that all persons who paid or should have paid the fee provided for under said Act shall receive the protections provided for under said "Motor Vehicle Warranty Rights Act". On the motion, the yeas were 32, nays 4; the motion prevailed, and HB 32 was with drawn from the Senate Committee on Consumer Affairs and committed to the Senate Com mittee on Finance and Public Utilities. 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 February 1, 1991 TENTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) FRIDAY, FEBRUARY 1, 1991 249 SB 83 Thompson, 33rd Clay, 37th Newbill, 56th Ragan, 32nd Provides that the board of commissioners of Cobb County shall site no new landfill until it enacts a local waste disposal plan. HB 94 Coleman, 1st Alien, 2nd Hammill, 3rd Changes the provisions relating to the time of election, taking of office of the mayor and councilpersons of the City of Tybee Island. HB 236 Coleman, 1st Alien, 2nd Hammill, 3rd Provides for additional members of the Chatham-Savannah Youth Futures Authority. HB 237 Clay, 37th Ragan, 32nd Thompson, 33rd Newbill, 56th Provides for special elections to approve or reject certain expenditures for the City of Acworth. HB 294 Ragan, 10th Changes the compensation for the tax commissioner of Decatur County. The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to. On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bowen Broun Burton ~ lay Coeman CTDi--),oawlh1,knms s Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks J,,H,ouh, g6n6esm.ons Kidd Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 32nd Ramsey Ray Robinson Shumake 0o,,I t,aat,rer Thompson Turner Tysinger Walker of 22nd White 250 JOURNAL OF THE SENATE Those not voting were Senators: Bishop Langford Ragan of 10th Scott Steinberg Timmons Walker of 43rd On the passage of all the local bills, the yeas were 49, nays 0. All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed. SENATE CALENDAR Friday, February 1, 1991 TENTH LEGISLATIVE DAY SB 51 Rules of Evidence--general provisions (Amendment) (Judy--49th) SB 57 Sexual Contact with Probationer--sexual assault if supervisory (Substitute) (Amendment) (S Judy--54th) SB 21 Reptiles in Religious Services--unlawful (Substitute) (S Judy--25th) SB 54 General Assembly Members--expense reimbursement (Substitute) (Judy--49th) SB 69 Veterans' Drivers' Licenses--change veterans qualifying (Pub S--51st) SB 72 Extortion by Public Office--criminal offense (S Judy--45th) SB 75 Crime Information Center--duties (Pub S--51st) SB 81 Driver's License--vision standards (Pub S--25th) SB 87 Long-Term Care Ombudsman, Department of Human Resources--access to medical records (Substitute) (YA&HE--42nd) SB 119 City Boundaries--certain exceptions on minimum distance (U&CA G--56th) SR 31 State Agencies, Departments--inform of rights of certain military (D&VA--25th) SR 32 Motorcycle Awareness and You Month--recognize May, 1991 (Pub S--25th) SR 56 Honorable George Bush--invite to attend certain Veteran's Day celebration (D&VA--4th) SR 60 State Department Personnel Offices--inform of rights of certain military (D&VA--25th) SR 69 Automobile Tags for 1995--request design commemorating Olympics (Pub S--31st) SR 70 Special Judicial Circuits--establishment (S Judy--45th) HR 15 Community Affairs Board--alteration of regional development center boundaries (Substitute) (U&CA G--27th) The following general bill of the Senate, having been read the third time on January 31 and Tabled, and taken from the Table on January 31, was put upon its passage: SB 57. By Senator Ramsey of the 54th: A bill to amend Code Section 16-6-5.1 of the Official Code of Georgia Annotated, relating to sexual assault against a person in custody, so as to provide that a person commits sexual assault when he engages in sexual contact with another person who is a probationer under the state-wide probation system and such ac cused person has supervisory or disciplinary authority over such other person; to provide a penalty. FRIDAY, FEBRUARY 1, 1991 251 The Senate Committee on Special Judiciary offered the following substitute to SB 57: A BILL To be entitled an Act to amend Code Section 16-6-5.1 of the Official Code of Georgia Annotated, relating to sexual assault against a person in custody, so as to provide that a person commits sexual assault when he engages in sexual contact with another person who is a probationer or parolee under the supervision of a probation/parole officer, court official, or other governmental officer and such accused person has supervisory or disciplinary author ity over such other person; to provide a penalty; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 16-6-5.1 of the Official Code of Georgia Annotated, relating to sexual assault against a person in custody, is amended by striking subsection (b) in its en tirety and inserting in lieu thereof a new subsection (b) to read as follows: "(b) A person commits sexual assault when he engages in sexual contact with another person who is a probationer or parolee under the supervision of a probation/parole officer, court official, or other governmental officer or who is in the custody of law or who is enrolled in a school or who is detained in or is a patient in a hospital or other institution and such actor has supervisory or disciplinary authority over such other person. A person convicted of sexual assault shall be punished by imprisonment for not less than one nor more than three years." Section 2. All laws and parts of laws in conflict with this Act are repealed. Senators Edge of the 28th, Alien of the 2nd and Bishop of the 15th offered the follow ing amendment: Amend the substitute to SB 57 offered by the Senate Committee on Special Judiciary by striking on page 1, line 17, the word: "person", and inserting in lieu thereof: "probation officer/parole officer, court official, or other governmental officer"; and by striking on page 1, line 19, the word: "a", and inserting in lieu thereof the word: "said". On the adoption of the amendment, the yeas were 39, nays 2, and the amendment was adopted. On the adoption of the substitute, the yeas were 40, 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 Alien Baldwin Bishop Bowen Broun Burton Clay Coleman 252 JOURNAL OF THE SENATE P Collins | Dean I Echols Edge E&an EnSlish FGoasrtneerr GjHig Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye XNIewb, i.l..l Olmstead Perdue pe"y Phillips Pollard Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Sct. em. b, erg Tate Thompson Turner Tysinger Walker of 22nd White Those not voting were Senators: Dawkins Deal Langford Ragan of 10th Taylor Timmons Walker of 43rd On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage: SB 21. By Senator Kidd of the 25th: A bill to amend Part 1 of Article 4 of Chapter 11 of Title 16 of the Official Code : of Georgia Annotated, relating to general provisions regarding dangerous instru mentalities and practices, so as to make it unlawful for any person to display, handle, or use any kind of reptile in connection with any religious service or gathering; to provide a penalty. The Senate Committee on Special Judiciary offered the following substitute to SB 21: A BILL To be entitled an Act to amend Part 1 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding dangerous in strumentalities and practices, so as to make it unlawful for any person to display, exhibit, handle, or use a poisonous or dangerous snake or reptile in such manner as to endanger the life or health of any person; to provide a penalty; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 1 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding dangerous instrumentalities and prac tices, is amended by adding following Code Section 16-11-110 a new Code Section 16-11-111 ; to read as follows: : "16-11-111. It shall be a misdemeanor for a person to display, exhibit, handle, or use a poisonous or dangerous snake or reptile in such manner as to endanger the life or health of any person." Section 2. All laws and parts of laws in conflict with this Act are repealed. FRIDAY, FEBRUARY 1, 1991 253 Senator Egan of the 40th offered the following amendment: Amend SB 21 by adding on page 1, line 15, after the word "of and before the word "reptile" the following: "poisonous". On the adoption of the amendment, the yeas were 44, nays 0, and the amendment was adopted. Senator Shumake of the 39th moved that SB 21 be placed on the Table. On the motion, the yeas were 16, nays 29; the motion was lost, and SB 21 was not placed on the Table. On the adoption of the substitute, the yeas were 0, nays 39, and the substitute was lost. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to 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: Alien Baldwin Bishop Bowen Burton Clay Coleman Edge Egan Garner Gillis Hammill Harris Hasty Hill Hooks Kidd Olmstead Ragan of 32nd Robinson Scott Tate Timmons Tysinger Those voting in the negative were Senators: Albert Broun Collins Dawkins Deal Dean Echols Foster Henson Muggins Johnson Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ramsey Ray Shumake Starr Steinberg Taylor Thompson Turner Walker of 22nd White Those not voting were Senators: English Langford Walker of 43rd On the passage of the bill, the yeas were 24, nays 29. The bill, having failed to receive the requisite constitutional majority, was lost. Senator Kidd of the 25th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SB 21. 254 JOURNAL OF THE SENATE The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has adopted by the requisite constitutional majority the following resolu tions of the House: HR 7. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st: A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may by law provide for a lottery or lotteries run by or on behalf of the state. HR 186. By Representatives King of the 72nd, Lee of the 72nd, Benefield of the 72nd, Chafin of the 72nd and Buckner of the 72nd: A resolution proclaiming February 4, 1991, as "Mental Health Day" in Georgia. Senator Ray of the 19th moved that Senator English of the 21st be excused from the Senate today due to a death in his family. On the motion, the yeas were 45, nays 0; the motion prevailed, and Senator English of the 21st was excused from the Senate today. The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage: SB 54. By Senators Deal of the 49th and Garner of the 30th: A bill to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to compensation of certain state officials, so as to change provisions re lating to the reimbursable expense account of members of the General Assembly; to provide for additional documentation requirements for expense reimburse ment; to provide for related matters; to provide an effective date. The Senate Committee on Judiciary offered the following substitute to SB 54: A BILL To be entitled an Act to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to compensation of certain state officials, so as to change provisions relating to the reimbursable expense account of members of the General Assembly; to pro vide for additional documentation requirements for certain expense reimbursements; to pro vide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to compensation of certain state officials, is amended by striking the third undesignated subparagraph of paragraph (22) of subsection (a) and inserting in its place a new undesignated subparagraph to read as follows: "In addition to any other compensation and allowances authorized for members of the General Assembly, each member shall be reimbursed for actual expenses incurred in the performance of duties within the state as a member of the General Assembly in an amount not to exceed $4,800.00 per year. For the purposes of this paragraph, a year shall begin on the convening date of the General Assembly in regular session each year and end on the day prior to the convening of the General Assembly in the next calendar year. Expenses shall be FRIDAY, FEBRUARY 1, 1991 255 limited to one or more of the following purposes: per diem differential, lodging, meals, office equipment, postage, personal services, printing and publications, rents, supplies, telecom munications, transportation, and utilities. No reimbursement shall be made for any postage which is used for a political newsletter. Per diem differential shall be the difference between the daily expense allowance authorized for members of the General Assembly and the fed eral per diem rate in effect for the state capital as specified by the General Services Admin istration. Such expenses shall be reimbursed upon the submission of sworn vouchers to the legislative fiscal office. Such sworn vouchers shall be accompanied by a supporting document or documents showing payment for each expense claimed or an explanation of the absence of such documentation. No supporting document or documents shall be required for the per diem differential. Any voucher for any expense incurred in any year as defined in this para graph shall be submitted no later than the fifteenth of April immediately following the end of such year. No reimbursement shall be made on any voucher submitted after that date. No reimbursement shall be paid for lodging or meals for any day for which a member receives the daily expense allowance as provided in this paragraph (22). Any former member of the General Assembly may be reimbursed for expenses incurred while a member of the General Assembly upon compliance with the provisions of this paragraph. The Legislative Services Committee is empowered to provide such procedures as it deems advisable to administer the provisions of this paragraph including, but not limited to, definitions of the above list of items for which reimbursement may be made and the form of the voucher which must be submitted to the legislative fiscal office. In the event of any disagreement as to whether any reimbursement shall be made, the Legislative Services Committee shall make the final de termination. In the event any reimbursement is made and it is later determined that such reimbursement was made in error, the person to whom such reimbursement was made shall remit to the legislative fiscal office the amount of money involved. In the event any such person refuses to make such remittance, the legislative fiscal office is authorized to withhold the payment of any other moneys to which such person is entitled until the amount of such reimbursement which was made in error shall be realized." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply with respect to claims for expense reimbursement submitted on or after that effective date. Section 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Clay Collins Dawkins Deal Dean Echols Edge Egan Foster Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson 256 JOURNAL OF THE SENATE Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd White Those not voting were Senators: Coleman English (excused) Garner Langford Shumake Walker of 43rd On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Timmons of the llth introduced the doctor of the day, Dr. A. A. McNeill, Jr., of Camilla, Georgia. 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 69. By Senators Hasty of the 51st, Garner of the 30th, Kidd of the 25th and others: A bill to amend Code Section 40-5-36 of the Official Code of Georgia Annotated, relating to veterans' drivers' licenses, so as to change which veterans qualify for veterans' drivers' licenses. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun B_,,urton SLan Dawkins Deal Dean Echols Edge Egan Garner Gillis Hammill Harris Hasty Henson Hill H,,ooks. JHoKn Kidd Marable Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey pay Scott S0(t. arr teinberg * ate Taylor Thompson Timmons Turner Tysinger White Those not voting were Senators: Collins English (excused) Foster Langford Moye Robinson Shumake Walker of 22nd Walker of 43rd On the passage of the bill, the yeas were 47, nays 0. FRIDAY, FEBRUARY 1, 1991 257 | The bill, having received the requisite constitutional majority, was passed. I SB 72. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Article 1 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to criminal abuse of governmental office, so as to provide for the criminal offense of extortion by public office; to state legislative intent; to provide for definitions; to provide for penalties; to provide an effective date. Senator Johnson of the 47th offered the following amendment: Amend SB 72 by deleting the words "attempts, threatens, or" from line 14 of page 2. On the adoption of the amendment, Senator Dawkins of the 45th called for the yeas and nays; the call was sustained, and the vote was as follows: Those voting in the affirmative were Senators: Albert Bishop Broun Deal Dean Garner Gillis Johnson Kidd Pollard Ray Shumake Those voting in the negative were Senators: J Alien $ Baldwin f- Bowen Burton Clay : Co?man CollinS Dawkins Edge Egan Foster Hammill Harris Hasty Henson Hill Hooks Muggins Marable ,. . JNJeowybei11 Olmstead Perdue Perry Phillips Ragan of 10th Ragan of 32nd Ramsey Robinson Scott Starr Steinberg rr, Tate Thompson Turner Tysinger Walker of 43rd White Those not voting were Senators: English (excused) Langford Timmons Walker of 22nd On the adoption of the amendment, the yeas were 12, nays 40, and the amendment offered by Senator Johnson of the 47th was lost. Senator Baldwin of the 29th offered the following amendment: Amend SB 72 by deleting paragraph (b) (2) in its entirety and substitute in lieu thereof the following: "(2) Such property is not legally due or payable to the public official in his official capacity or in his capacity as a candidate for public office or is not legally due or payable to a part time public official in his vocation." On the adoption of the amendment, Senator Dawkins of the 45th called for the yeas and nays; the call was sustained, and the vote was as follows: 258 JOURNAL OF THE SENATE Those voting in the affirmative were Senators: Alien Baldwin Bishop Deal Garner Hammill Kidd Moye Perdue Shumake Tate Those voting in the negative were Senators: Albert Bowen Broun Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan Foster Gillis Harris Hasty Henson Hill Hooks Huggins Johnson Marable Newbill Olmstead Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Taylor Thompson Turner Tysinger Walker of 43rd White Those not voting were Senators: English (excused) Langford Timmons Walker of 22nd On the adoption of the amendment, the yeas were 11, nays 41, and the amendment offered by Senator Baldwin of the 29th 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 Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate Taylor Thompson Turner Tysinger White Voting in the negative was Senator Walker of the 43rd. FRIDAY, FEBRUARY 1, 1991 259 I Those not voting were Senators: !* | English (excused) Timmons Langford Walker of 22nd On the passage of the bill, the yeas were 51, nays 1. : The bill, having received the requisite constitutional majority, was passed, SB : 75. By Senators Hasty of the 51st, Bowen of the 13th, Hooks of the 14th and others: A bill to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to change a definition and change the duties of the center; to amend Article 1 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions regarding drivers' licenses, so as to provide for the dissemination of certain infor mation by the Department of Public Safety to the Georgia Crime Information Center. Senator Hasty of the 51st moved that SB 75 be committed to the Senate Committee on Public Safety. On the motion, the yeas were 37, nays 0; the motion prevailed, and SB 75 was commit ted to the Senate Committee on Public Safety. I SB 81. By Senator Kidd of the 25th: A bill to amend Code Section 40-5-27 of the Official Code of Georgia Annotated, relating to examination of applicants for drivers' licenses, so as to prohibit the issuance of a driver's license to any person who does not meet certain vision stan dards; to provide an exception. Senator Kidd of the 25th moved that SB 81 be postponed until Tuesday, February 5, 1991. On the motion, the yeas were 39, nays 0; the motion prevailed, and SB 81 was post poned until Tuesday, February 5, 1991. SB 87. By Senator Steinberg of the 42nd: A bill to amend Code Section 31-33-2 of the Official Code of Georgia Annotated, relating to furnishing a patient's medical records, so as to provide for access to a patient's medical records by the state long-term care ombudsman or the Depart ment of Human Resources under certain conditions. The Senate Committee on Youth, Aging and Human Ecology offered the following sub stitute to SB 87: A BILL To be entitled an Act to amend Code Section 31-33-2 of the Official Code of Georgia Annotated, relating to furnishing a patient's medical records, so as to provide for access to a '. patient's medical records by the state long-term care ombudsman or the Department of ' Human Resources under certain conditions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 31-33-2 of the Official Code of Georgia Annotated, relating to 260 JOURNAL OF THE SENATE furnishing a patient's medical records, is amended by striking subsection (a) of said Code section in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: "(a) Upon written request from the patient, the provider having custody and control of the patient's record shall furnish a complete and current copy of that record, in accordance with the provisions of this Code section. If a patient is unable to request or to consent to such review and has no legal guardian, then, representatives of the office of the state longterm care ombudsman, which shall include community long-term care ombudsman pro grams, shall have appropriate access to the patient's medical and social records." Section 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 40, nays 0, and the substitute was adopted. 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 Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate Taylor Thompson Turner Tysinger Walker of 43rd White Those not voting were Senators: English (excused) Langford Timmons Walker of 22nd On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. SB 119. By Senator Newbill of the 56th: 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; to provide an effective date. The report of the committee, which was favorable to the passage of the bill, was agreed to. FRIDAY, FEBRUARY 1, 1991 261 On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Olmstead Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson Scott Shumake Starr Steinberg Taylor Thompson Turner Tysinger Walker of 43rd White Those not voting were Senators: English (excused) Ray Langford Tate Perdue Timmons Walker of 22nd On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed. SR 31. By Senator Kidd of the 25th: A resolution informing personnel offices of agencies and departments of the state regarding the rights of certain military personnel who are on ordered military duty. 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 Alien Baldwin Bishop Bowen Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson 262 JOURNAL OF THE SENATE Scott Shumake Starr Steinberg Tate Taylor Thompson Turner Tysinger Walker of 43rd White Those not voting were Senators: Broun English (excused) Langford Moye Timmons Walker of 22nd On the adoption of the resolution, the yeas were 50, nays 0. The resolution, having received the requisite constitutional majority, was adopted. SR 32. By Senator Kidd of the 25th: A resolution recognizing the month of May, 1991, as "Motorcycle Awareness and You Month" in Georgia. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun ^Cluaryton CCoollleimnsan Dawkins Deal Dean Echols Edge Egan Foster Garner Gillis Hammill Harris Hasty Hill H"uogogksms JKoihdndson Marable Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Sgthaurmr ake S_ tei.nb, erg l ate Tavlor Thompson Turner Tysinger Walker of 43rd White Those not voting were Senators: English (excused) Henson Langford Moye Timmons Walker of 22nd On the adoption of the resolution, the yeas were 50, nays 0. The resolution, having received the requisite constitutional majority, was adopted. SR 56. By Senators Hill of the 4th and Phillips of the 9th: A resolution inviting Honorable George Bush, President of the United States, to attend the Southeast Georgia Veteran's Day Celebration. FRIDAY, FEBRUARY 1, 1991 263 jj 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 ; Alien Baldwin ;. Bishop Bowen Broun Burton C-ITlay CCoollleimnsan Dawkins Deal Dean Echols Edge Egan j, Foster Garner Gillis Harris Hasty Henson Hil1 Hooks TH_uggm. s JKoihdndson Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson c,,ntt O SCtaOrLrt ,,S.tei.nb, erg i,a , Taylor Thompson Turner Tysinger Walker of 43rd White ; Voting in the negative was Senator Shumake. Those not voting were Senators: English (excused) Hammill Langford Timmons Walker of 22nd On the adoption of the resolution, the yeas were 50, nays 1. The resolution, having received the requisite constitutional majority, was adopted. The following resolutions of the Senate, favorably reported by the committees, were read the third time and put upon their adoption: SR 60. By Senator Kidd of the 25th: A resolution informing personnel offices of agencies and departments of the state regarding the rights of certain military personnel who are on ordered military duty. 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 ? Alien ; Baldwin Bishop ' Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan Foster Garner 264 JOURNAL OF THE SENATE Gillis Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg ^. T. **y Thompson Turner Tysinger Walker of 43rd White Voting in the negative was Senator Shumake. Those not voting were Senators: English (excused) Hammill Langford Timmons Walker of 22nd On the adoption of the resolution, the yeas were 50, nays 1. The resolution, having received the requisite constitutional majority, was adopted. SR 69. By Senator Dean of the 31st: A resolution requesting the Department of Revenue to consider the design of Georgia motor vehicle license plates for issuance in 1995 and thereafter to com memorate the 1996 Olympic Games. 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 Alien Baldwin Bishop Bowen Broun Burton CfC~, oo,,,llyleimnsan Dawkins jjeaj Dean Echols Edge Egan Foster Garner Gillis Harris Hasty Henson Hill Hooks JHTouh, g6n6g,sionns Kldd Marable Mye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson SS_,hcoutmt ak. e Starr Steinberg Tate Thompson Turner Walker of 43rd White Those not voting were Senators: English (excused) Hammill Langford Taylor Timmons Tysinger FRIDAY, FEBRUARY 1, 1991 265 | Walker of 22nd :? On the adoption of the resolution, the yeas were 49, nays 0. The resolution, having received the requisite constitutional majority, was adopted. The following general resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption: SR 70. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A RESOLUTION Proposing an amendment to the Constitution so as to provide for the establishment of special judicial circuits; to provide for the establishment, jurisdiction, operation, and financ ing of investigative grand juries, trial juries, courts, and personnel in the special judicial circuits; to provide for procedures and other matters related thereto; to provide for submis sion 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 I, Paragraph XI of the Constitution is amended by adding : at the end thereof a new subparagraph (d) to read as follows: j "(d) There are created special judicial circuits. Each special judicial circuit is composed \ as follows: each multicounty judicial circuit is a special judicial circuit and each single- 'i county judicial circuit plus each county immediately adjacent to that circuit is a special judicial circuit. There shall be established in each special judicial circuit upon the petition, granted by a judge of a superior court in the special judicial circuit, of the Attorney General or a district attorney serving within such special judicial circuit, an investigative grand jury, trial juries, superior court and judge thereof, all of which shall have jurisdiction over all felony criminal offenses committed within the special judicial circuit. The official whose pe tition is granted shall represent the state in the special judicial circuit and for that purpose shall have all the powers, duties, and immunities of the district attorneys of the regular judicial circuits. The General Assembly shall provide by law for the operation and financing of the work and entities authorized by this subparagraph." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "[ ] YES [ ] NO Shall the Constitution be amended so as to provide for the establishment, jurisdiction, operation, and financing of investigative grand juries and trial juries and other matters relative thereto in special judicial circuits?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""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. Senator Dawkins of the 45th moved that SR 70 be placed on the Table. On the motion, the yeas were 44, nays 1; the motion prevailed, and SR 70 was placed on the Table. 266 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 bill of the House: HB 284. By Representatives Murphy of the 18th, Coleman of the 118th, Walker of the 115th, Porter of the 119th, Jamieson of the llth and others: A bill to amend an Act providing appropriations for the State Fiscal Year 19901991 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1990-1991. The following resolution and bill of the House were read the first time and referred to committees: HR 7. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st: A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may by law provide for a lottery or lotteries run by or on behalf of the state. Referred to Committee on Finance and Public Utilities. HB 284. By Representatives Murphy of the 18th, Coleman of the 118th, Walker of the 115th and others: A bill to amend an Act providing appropriations for the State Fiscal Year 19901991 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1990-1991. Referred to Committee on Appropriations. The following resolution of the House was read and adopted: HR 186. By Representatives King of the 72nd, Lee of the 72nd, Benefield of the 72nd and others: A resolution proclaiming February 4, 1991, as "Mental Health Day" in Georgia. The following general resolution of the House and bill of the Senate, favorably reported by the committees, were read the third time and put upon their passage: HR 15. By Representative Lane of the 27th: A resolution ratifying the alteration of regional development center boundaries established by the Board of Community Affairs. Senate Sponsor: Senator Harris of the 27th. The Senate Committee on Urban and County Affairs offered the following substitute to HR 15: A RESOLUTION Ratifying the alteration of regional development center boundaries established by the Board of Community Affairs; to provide an effective date; and for other purposes. WHEREAS, subsection (f) of Code Section 50-8-4 of the Official Code of Georgia Anno- FRIDAY, FEBRUARY 1, 1991 267 tated authorizes the Board of Community Affairs to determine and establish, from time to time, the territorial boundaries for the region of operation by each regional development center and provides that any action of the board altering the boundaries of a regional devel opment center shall not become effective until approved by the General Assembly at the next regular session following such action by the board; and WHEREAS, Fayette County has petitioned the Board of Community Affairs to transfer from the Mclntosh Trail regional development center to the Atlanta Regional Commission; and WHEREAS, on September 12, 1990, the Board of Community Affairs adopted a resolu tion granting formal approval to Fayette County's transfer into the Atlanta Regional Com mission and providing for such transfer to become effective on July 1, 1991, if approved by the General Assembly; and WHEREAS, the request for legislative approval of said transfer has been submitted to the General Assembly in accordance with subsection (f) of Code Section 50-8-4 and it is the desire of this General Assembly to ratify and approve said transfer. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the transfer of Fayette County from the Mclntosh Trail regional develop ment center to the Atlanta Regional Commission, to become effective on July 1, 1991, and alteration of the territorial boundaries, to become effective on July 1, 1991, for the region of operation by such regional development centers adopted and approved by the Board of Community Affairs on September 12, 1990, is ratified and approved. BE IT FURTHER RESOLVED that this resolution shall become effective upon its ap proval by the Governor or upon its becoming law without such approval. On the adoption of the substitute, the yeas were 40, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun ^urton ^Coa?leman CDoalwliknisns rj ea j Dean Echols Edge Egan Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Hug6g6ins Kldd Marable Move Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Stemberg Tate Taylor Thompson Turner Tysinger Walker of 43rd White 268 JOURNAL OF THE SENATE Those not voting were Senators: English (excused) Langford Timmons Walker of 22nd On the adoption of the resolution, the yeas were 52, nays 0. The resolution, having received the requisite constitutional majority, was adopted by substitute. SB 51. By Senators Deal of the 49th, Baldwin of the 29th, Edge of the 28th and Johnson of the 47th: A bill to amend the Official Code of Georgia Annotated, so as to revise and su persede Title 24, relating to evidence; to provide for general provisions relating to the rules of evidence; to provide for a statement of purpose; to provide for con struction; to provide for definitions; to provide for applicability of the rules of evidence; to provide for rulings on evidence; to provide for preliminary questions. Senator Deal of the 49th moved that SB 51 be postponed until Tuesday, February 5, 1991. On the motion, the yeas were 38, nays 0; the motion prevailed, and SB 51 was post poned until Tuesday, February 5, 1991. ji Senator Garner of the 30th moved that the Senate do now adjourn until 9:30 o'clock j A.M. Monday, February 4, 1991, and the motion prevailed. At 12:55 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. Monday, February 4, 1991. MONDAY, FEBRUARY 4, 1991 269 Senate Chamber, Atlanta, Georgia Monday, February 4, 1991 Thirteenth Legislative Day The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President. Senator Huggins of the 53rd reported that the Journal of the proceedings of Friday, February 1, had been read and found correct. Senator Kidd of the 25th moved that the Senate reconsider its action on Friday, Febru ary 1, in defeating the following bill of the Senate: SB 21. By Senator Kidd of the 25th: A bill to amend Part 1 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding dangerous instru mentalities and practices, so as to make it unlawful for any person to display, handle, or use any kind of reptile in connection with any religious service or gathering; to provide a penalty. On the motion, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien . Baldwin Bowen Burton CD/-tllaawykins Echols Edge Egan Foster Garner Gillis Hammill Harris Hill Hooks THKTuidgdgm* s Langford Marable Moye Olmstead Perry Pollard Ragan of 32nd Ramsey jjay e^tt O SbhhliO uummtt aakkee Stemberg Timmons Tysmger Walker of 22nd Walker of 43rd Those voting in the negative were Senators: Broun Collins Perdue Starr White Those not voting were Senators: Bishop Coleman Dean English Hasty Henson Johnson Newbi11 Phillips Ragan of 10th Robinson Tate Taylor Thompson Turner On the motion, the yeas were 35, nays 5; the motion prevailed, and SB 21 was reconsid ered and placed at the foot of the Senate Calendar for today. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed. 270 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 377. By Representatives Mueller of the 126th, Dixon of the 128th, Hamilton of the 124th, Pelote of the 127th, Bordeaux of the 122nd and others: A bill to amend an Act creating the Board of Elections of Chatham County, so as to change the time period during which the chairman is appointed by the mem bers of the board. HB 378. By Representatives Milam of the 81st and Ware of the 77th: A bill to repeal an Act creating a board of elections and registration in Troup County. HB 386. By Representatives Stancil of the 8th, Pinholster of the 8th and Barnett of the 10th: A bill to amend an Act creating a new charter for the City of Holly Springs, as amended, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmembers. HB 388. By Representatives Stancil of the 8th, Pinholster of the 8th and Barnett of the 10th: A bill to amend an Act providing for the membership of the Cherokee County Board of Education, as amended, so as to provide that a vacancy shall immedi ately exist in the office of any member of the board of education who moves his or her residence out of the education district such member was elected to represent. HB 395. By Representative Royal of the 144th: A bill to provide that, within the limits specified by general law, the Board of Commissioners of Mitchell County may, by resolution, change from time to time the number of members of the Mitchell County Hospital Authority, their terms of office, the manner of appointment, the method of filling vacancies, and all other matters relative to the membership of said authority. HB 397. By Representative Beatty of the 12th: A bill to amend an Act to create a board of county commissioners for the County of Jackson, as amended, so as to provide that vacancies on the board of commis sioners shall be filled as provided by general law. HB 223. By Representatives Campbell of the 23rd, Williams of the 90th, Hammond of the 20th, Stephens of the 68th, Hightower of the 36th and others: A bill to amend Code Section 44-14-361.1 of the Official Code of Georgia Anno tated, relating to how materialmen's and mechanics' liens are declared and cre ated, so as to provide that a party claiming a lien shall file a notice with the clerk of the superior court of the county wherein the subject lien was filed within 14 days after the filing of such action. MONDAY, FEBRUARY 4, 1991 271 HB 42. By Representative Cummings of the 17th: A hill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement, so as to change the provisions relating to the membership of the boards of directors or boards of commissioners of certain retirement systems and the State Employees' Assurance Department. HB 215. By Representatives Thomas of the 69th, Chambless of the 133rd and Groover of the 99th: A bill to amend Chapter 5 of Title 15 of the Official Code of Georgia Annotated, relating to the administration of courts of record, so as to permanently create the Georgia Courts Automation Commission. HB 122. By Representatives Parham of the 105th, Barnett of the 10th and Harris of the 84th: A bill to amend Article 2 of Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to reporting of motor vehicle accidents, so as to provide for the fee which shall be charged for accident reports from the Department of Pub lic Safety. HB 145. By Representatives Ware of the 77th, Dunn of the 73rd, Groover of the 99th, Griffin of the 6th, Ricketson of the 82nd and others: A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of rates, underwriting rules, and related organizations, and Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to relocate and redesignate certain provisions granting premium discounts to defensive drivers or drivers who are honor students. HB 231. By Representatives Davis of the 29th and McKinney of the 35th: A bill to amend Part 2 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the powers of housing authorities to employ se curity personnel, to be known as housing authority police. HB 274. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st, Patten of the 149th, Poston of the 2nd and others: A bill to amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to general matters relating to the Environmental Protection Division of the Department of Natural Resources, so as to provide for the appointment and removal of the director of such division; to create an Environmental Advisory Council. HB 3. By Representative Childers of the 15th: A bill to amend Code Section 43-11-73 of the Official Code of Georgia Annotated, relating to renewal of licenses to practice dental hygiene, so as to provide for continuing education requirements. HB 199. By Representatives Irwin of the 57th and Oliver of the 53rd: 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 add to the Council of Juve nile Court Judges associate juvenile court judges; to change certain procedures regarding associate judges of the juvenile courts; to provide that associate juve nile court judges may perform marriage ceremonies. 272 JOURNAL OF THE SENATE HB 291. By Representatives Dover of the llth, Jamieson of the llth, Twiggs of the 4th and Irwin of the 57th: A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to change the conditions under which volunteers of fire departments, law enforcement agencies, emergency manage ment or civil defense organizations, emergency medical services, or rescue organi zations and persons certified as medical first responders may be covered employees. HB 263. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st: A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of Georgia income taxa tion, so as to provide a credit against income taxes otherwise due to certain em ployers who provide certain basic skills education to certain employees. HB 84. By Representatives Coleman of the 118th, Smyre of the 92nd and Parrish of the 109th: A bill to provide for the Department of Labor a supplemental appropriation, pursuant to and in accordance with provisions of Code Section 34-8-81 of the Official Code of Georgia Annotated, relating to the creation and purposes of the Employment Security Administration Fund, and Code Section 34-8-102 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Un employment Trust Fund, of additional funds which are otherwise available to the Department of Labor out of funds credited to and held in this state's account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States pursuant to Section 903 of the Social Security Act, as amended. The House has adopted by the requisite constitutional majority the following resolu tions of the House: HR 110. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st: A resolution urging the United States Department of the Interior, through the National Park Service rivers and trails conservation assistance program, to assist in the completion of a comprehensive assessment of Georgia's rivers. HR 156. By Representatives Watts of the 41st and Murphy of the 18th: A resolution designating the Jimmy Lee Campbell Memorial Highway. The following bills of the Senate were introduced, read the first time and referred to committees: SB 190. 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, so as to change the provisions relating to the establishment of such plans; to provide for the State Personnel Board to estab lish a schedule of fees for hospitals, practitioners of the healing arts, and pharmacists. Referred to Committee on Insurance and Labor. MONDAY, FEBRUARY 4, 1991 273 SB 191. By Senator Starr of the 44th: A bill to amend Code Section 40-5-56 of the Official Code of Georgia Annotated, relating to suspension of a driver's license for failure to respond to citation, so as to provide for suspension of a driver's license for failure to timely pay a fine ordered by the sentence of a court of competent jurisdiction; to provide an effec tive date. Referred to Committee on Public Safety. SB 192. By Senators Olmstead of the 26th, Taylor of the 12th and Harris of the 27th: A bill to amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning, so as to abolish the Health Policy Council and create in its place the Health Strategies Council and provide for the composition and functions thereof; to provide for appointment and confirmation of members; to provide for member's terms, qualifications, removal, vacancies, and compensa tion; to provide for organization of the council; to provide for effective dates. Referred to Committee on Health and Human Services. SB 193. By Senators Clay of the 37th, Newbill of the 56th, Ragan of the 32nd and Thompson of the 33rd: A bill to amend Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to education in general, so as to provide that any person who is hearing impaired, visually impaired, dyslexic, or who has a specific learning disability, shall be eligible for substitution of any requirements for admission to or gradua tion from a state university, college, or postsecondary vocational institution. Referred to Committee on Higher Education. SB 194. By Senators Thompson of the 33rd and Garner of the 30th: A bill to amend Chapter 26 of Title 31 of the Official Code of Georgia Annotated, relating to the practice of midwifery, so as to provide a penalty for the practice of midwifery for consideration without a certificate of authority. Referred to Committee on Youth, Aging and Human Ecology. SB 195. By Senator Ramsey of the 54th: A bill to amend Code Section 48-14-2 of the Official Code of Georgia Annotated, relating to apportionment of payments by the TVA in lieu of taxes, so as to provide for definitions; to change the method of apportioning such payments. Referred to Committee on Finance and Public Utilities. SB 196. By Senators Edge of the 28th, Robinson of the 16th, Dean of the 31st and others: 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 certain persons owning or operating a combined sewer overflow to sub mit to the director of the Environmental Protection Division of the Department of Natural Resources a plan to eliminate or treat sewage overflow; to provide for certain contents of such plan. Referred to Committee on Natural Resources. SB 197. By Senator Shumake of the 39th: A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to create the Georgia Board of Power Engineers; to provide definitions; to provide for the appointment of members of the board; 274 JOURNAL OF THE SENATE to provide for members' terms, qualifications, compensation, and removal; to pro vide for meetings and quorums. Referred to Committee on Governmental Operations. SB 198. By Senator Shumake of the 39th: A bill to amend Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Student Finance Authority, so as to enact the "Georgia Educational Reinvestment Act for Aid to Families with De pendent Children"; to provide for the assignment of public assistance benefits. Referred to Committee on Governmental Operations. SB 199. By Senators Olmstead of the 26th, Kidd of the 25th and Perry of the 7th: A bill to amend Code Section 40-5-36 of the Official Code of Georgia Annotated, relating to veterans' drivers' licenses. Referred to Committee on Defense and Veterans Affairs. SB 200. By Senator Harris of the 27th: A bill to amend Article 2 of Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to county governing authorities, so as to provide minimum salaries for full-time chairmen of county governing authorities and elected chief executive officers; to provide for cost-of-living adjustments and other adjust ments to salaries of members of the county governing authorities and elected chief executive officers; to provide exceptions. Referred to Committee on Urban and County Affairs (General). SB 201. By Senators Deal of the 49th and Foster of the 50th: A bill to amend Code Section 48-5-274 of the Official Code of Georgia Annotated, relating to the establishment of equalized adjusted school property tax digest by the state auditor, the establishment and use of average ratio, and the furnishing of information to the State Board of Education, so as to provide that the ratio shall be determined by establishing the ratio of assessed value to sales price for a representative number of parcels of real property title to which was transferred during the two preceding calendar years and by establishing the median ratio of assessed value to sales price for the county as a whole based upon a representa tive number of usable transactions studied. Referred to Committee on Finance and Public Utilities. SB 202. By Senator Baldwin of the 29th: A bill to amend Code Section 46-4-25 of the Official Code of Georgia Annotated, relating to factors to be considered by the Public Service Commission in granting certificates of public convenience and necessity, so as to provide that the com mission shall also consider whether the purchase price is reasonable in light of the present value of the system to be acquired when an applicant seeks to ac quire a gas pipeline or distribution system of a municipal corporation; to provide that the purchase price is the measure of value of the system to be included in the applicant's rate base for rate-making purposes subject to the depreciation thereafter allowed upon such system. Referred to Committee on Finance and Public Utilities. MONDAY, FEBRUARY 4, 1991 275 The following bills and resolutions of the House were read the first time and referred to committees: HB 3. By Representative Childers of the 15th: A bill to amend Code Section 43-11-73 of the Official Code of Georgia Annotated, relating to renewal of licenses to practice dental hygiene, so as to provide for continuing education requirements. Referred to Committee on Health and Human Services. HB 42. By Representative Cummings of the 17th: A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement, so as to change the provisions relating to the membership of the boards of directors or boards of commissioners of certain retirement systems and the State Employees' Assurance Department. Referred to Committee on Retirement. HB 84. By Representatives Coleman of the 118th, Smyre of the 92nd and Parrish of the 109th: A bill to provide for the Department of Labor a supplemental appropriation, pursuant to and in accordance with provisions of Code Section 34-8-81 of the Official Code of Georgia Annotated, relating to the creation and purposes of the Employment Security Administration Fund, and Code Section 34-8-102 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Un employment Trust Fund, of additional funds which are otherwise available to the Department of Labor out of funds credited to and held in this state's account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States pursuant to Section 903 of the Social Security Act, as amended. Referred to Committee on Appropriations. HB 122. By Representatives Parham of the 105th, Barnett of the 10th and Harris of the 84th: A bill to amend Article 2 of Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to reporting of motor vehicle accidents, so as to provide for the fee which shall be charged for accident reports from the Department of Pub lic Safety. Referred to Committee on Public Safety. HB 145. By Representatives Ware of the 77th, Dunn of the 73rd, Groover of the 99th and others: A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of rates, underwriting rules, and related organizations, and Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to relocate and redesignate certain provisions granting premium discounts to defensive drivers or drivers who are honor students. Referred to Committee on Insurance and Labor. HB 199. By Representatives Irwin of the 57th and Oliver of the 53rd: 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 add to the Council of Juve nile Court Judges associate juvenile court judges; to change certain procedures 276 JOURNAL OF THE SENATE regarding associate judges of the juvenile courts; to provide that associate juve nile court judges may perform marriage ceremonies. Referred to Committee on Judiciary. HB 215. By Representatives Thomas of the 69th, Chambless of the 133rd and Groover of the 99th: A bill to amend Chapter 5 of Title 15 of the Official Code of Georgia Annotated, relating to the administration of courts of record, so as to permanently create the Georgia Courts Automation Commission. Referred to Committee on Special Judiciary. HB 223. By Representatives Campbell of the 23rd, Williams of the 90th, Hammond of the 20th and others: A bill to amend Code Section 44-14-361.1 of the Official Code of Georgia Anno tated, relating to how materialmen's and mechanics' liens are declared and cre ated, so as to provide that a party claiming a lien shall file a notice with the clerk of the superior court of the county wherein the subject lien was filed within 14 days after the filing of such action. Referred to Committee on Special Judiciary. HB 231. By Representatives Davis of the 29th and McKinney of the 35th: A bill to amend Part 2 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the powers of housing authorities to employ se curity personnel, to be known as housing authority police. Referred to Committee on Urban and County Affairs (General). HB 263. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st: A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of Georgia income taxa tion, so as to provide a credit against income taxes otherwise due to certain em ployees who provide certain basic skills education to certain employers. Referred to Committee on Finance and Public Utilities. HB 274. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and others: A bill to amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to general matters relating to the Environmental Protection Division of the Department of Natural Resources, so as to provide for the appointment and removal of the director of such division; to create an Environmental Advisory Council. Referred to Committee on Natural Resources. HB 291. By Representatives Dover of the llth, Jamieson of the llth, Twiggs of the 4th and Irwin of the 57th: A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to change the conditions under which volunteers of fire departments, law enforcement agencies, emergency manage ment or civil defense organizations, emergency medical services, or rescue organi zations and persons certified as medical first responders may be covered employees. Referred to Committee on Insurance and Labor. MONDAY, FEBRUARY 4, 1991 277 HB 377. By Representatives Mueller of the 126th, Dixon of the 128th, Hamilton of the 124th and others: A bill to amend an Act creating the Board of Elections of Chatham County, so as to change the time period during which the chairman is appointed by the mem bers of the board. Referred to Committee on Urban and County Affairs. HB 378. By Representatives Milam of the 81st and Ware of the 77th: A bill to repeal an Act creating a board of elections and registration in Troup County. Referred to Committee on Urban and County Affairs. HB 386. By Representatives Stancil of the 8th, Pinholster of the 8th and Barnett of the 10th: A bill to amend an Act creating a new charter for the City of Holly Springs, as amended, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmembers. Referred to Committee on Urban and County Affairs. HB 388. By Representatives Stancil of the 8th, Pinholster of the 8th and Barnett of the 10th: A bill to amend an Act providing for the membership of the Cherokee County Board of Education, as amended, so as to provide that a vacancy shall immedi ately exist in the office of any member of the board of education who moves his or her residence out of the education district such member was elected to represent. Referred to Committee on Urban and County Affairs. HB 395. By Representative Royal of the 144th: A bill to provide that, within the limits specified by general law, the Board of Commissioners of Mitchell County may, by resolution, change from time to time the number of members of the Mitchell County Hospital Authority, their terms of office, the manner of appointment, the method of filling vacancies, and all other matters relative to the membership of said authority. Referred to Committee on Urban and County Affairs. HB 397. By Representative Beatty of the 12th: A bill to amend an Act to create a board of county commissioners for the County of Jackson, as amended, so as to provide that vacancies on the board of commis sioners shall be filled as provided by general law. Referred to Committee on Urban and County Affairs. HR 110. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st: A resolution urging the United States Department of the Interior, through the National Park Service rivers and trails conservation assistance program, to assist in the completion of a comprehensive assessment of Georgia's rivers. Referred to Committee on Natural Resources. HR 156. By Representatives Watts of the 41st and Murphy of the 18th: A resolution designating the Jimmy Lee Campbell Memorial Highway. Referred to Committee on Transportation. 278 JOURNAL OF THE SENATE The following report of a standing committee was read by the Secretary: Mr. President: The Committee on Special Judiciary has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 59. Do pass by substitute. SB 74. Do pass by substitute. SB 73. Do pass by substitute. SB 89. Do pass by substitute. Respectfully submitted, Senator Edge of the 28th District, Chairman The following bills and resolutions of the Senate and House were read the second time: SB 33. By Senators Kidd of the 25th and Garner of the 30th: A bill to amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to require coroners and deputy coroners to take an annual training course approved by the Georgia Coroner's Training Council; to provide that under certain conditions the Georgia Coroner's Training Council may waive such training for a coroner or deputy coroner during any given year. SB 94. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Code Section 12-8-102 of the Official Code of Georgia Annotated, relating to the Georgia Hazardous Waste Management Authority, so as to change the composition of such authority; to provide for the appointment of an execu tive director of such authority; to provide for related matters; to provide an effec tive date. SB 107. By Senator Kidd of the 25th: A bill to amend Chapter 41 of Title 43 of the Official Code of Georgia Annotated, relating to the State Board of Recreation Examiners, so as to provide for the mandatory licensure of therapeutic recreation personnel in medically based set tings and the permissive certification of recreation personnel; to define minimum qualifications for licensure or certification; to provide for the composition of the board. SB 112. By Senators Ramsey of the 54th and Hasty of the 51st: A bill to amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to district attorneys generally, so as to provide that a district attorney who is performing ordered military duty shall be eligible for reelection to such office; to provide procedures for such officer to qualify for reelection for such office; to provide for an effective date. SB 113. By Senators Clay of the 37th, Newbill of the 56th, Ragan of the 32nd and others: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the alcohol concentration level that constitutes driving under the influence; to change the presumptions which rise from certain alcohol concentrations. SB 120. 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 MONDAY, FEBRUARY 4, 1991 279 required to submit fingerprints or photographs in connection with obtaining and holding a license; to provide for other matters relative thereto; to provide an ef fective date. SB 128. By Senator Collins of the 17th: A bill to amend Article 1 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions concerning correctional institutions of the state and counties, so as to provide that notice shall be given to the officer in charge of a county jail or his designee concerning any inmate who is being trans ferred from a state or county correctional institution and who has been deter mined to have an infectious disease or to be HIV infected. SB 130. 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 the first Thursday in February of each year as "Girls and Women in Sports Day" in Georgia. SB 143. By Senator Ramsey of the 54th: A bill to amend Code Section 31-9-2 of the Official Code of Georgia Annotated, relating to persons authorized to consent to surgical or medical treatment, so as to change which persons are authorized to consent to surgical or medical treatment. SB 159. By Senators Olmstead of the 26th and Albert of the 23rd: A bill to amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to the Georgia Board of Dentistry and the licensed practice of dentistry, so as to change the penalty for the practice of dentistry without a license. SR 10. By Senator Thompson of the 33rd: A resolution proposing an amendment to the Constitution so as to provide that each state agency shall be abolished after four years unless continued by law; to provide for certain initial extensions of time; to provide for a review and public hearings by the General Assembly to determine whether a public need exists for the continuation of the agency; to provide for the submission of this amendment for ratification or rejection. SR 98. By Senators Coleman of the 1st, Thompson of the 33rd, Hill of the 4th and others: A resolution urging the President and the Congress of the United States to make passage of a Surface Transportation Reauthorization Act a topmost priority dur ing the first session of the 102nd Congress. HB 68. By Representatives Thomas of the 69th, Groover of the 99th and Pettit of the 19th: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated. 280 JOURNAL OF THE SENATE HB 195. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd and others: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to require that all special elections and municipal special elections shall be held on certain uniform dates. HR 131. By Representatives Poston of the 2nd, Murphy of the 18th, Snow of the 1st and others: A resolution urging the Governor and the General Assembly of the State of Ten nessee to permit certain Georgia residents to attend the University of Tennessee at Chattanooga without payment of out-of-state fees. The following communication from Honorable Max Cleland, Secretary of State, was received and read by the Secretary: STATE OF GEORGIA Office of Secretary of State I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of persons numbered 878 through 917, who have registered in the Docket of Legislative Appearance as of February 1, 1991, 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 1st day of February, in the year of our Lord One Thousand Nine Hundred and Ninety-One and of the Independence of the United States of America the Two Hundred and Fifteenth. /s/ Max Cleland Secretary of State (SEAL) 878. William B. Hankinson, III 172 Powell Street S. E. Atlanta, Georgia 30316 (404)681-4304 Georgia Friends of Midwives 879. Nadine Lawson 1422 Sandy Lane Decatur, Georgia 30032 (404)288-8460 Georgia Healthcare Association 880. Brooke Doan 2121 Buckley Trail Snellville, Georgia 30278 (404)985-0214 Georgia National Association for Women Georgia Privacy Coalition 881. Leigh Anne Griggers 1995 Azalea Circle Decatur, Georgia 30033 (404)522-8688 Georgia League of Women Voters 882. Walter J. Cleveland, Jr. 5064 Singleton Rd. Norcross, Georgia 30093 (404)923-5580 Communication Workers of America 883. Gerald H. Lynch 5064 Singleton Rd. Norcross, Georgia 30093 (404)923-5580 Communications Workers of America Local 3263 884. Danny A. Toth P.O. Box 972 LaGrange, Georgia 30241 (404)884-7301 Georgia Pharmaceutical Association 885. Richard B. Smith 1143 Alpharetta Street Roswell, Georgia 30075 (404)252-4663 Georgia Pharmaceutical Association MONDAY, FEBRUARY 4, 1991 281 886. Karen L. McLoughlin 127 Peachtree Street N.E. Atlanta, Georgia 30303 (404)658-8312 Turner Broadcasting System, Inc. Atlanta Coliseum, Inc. Seats, Inc. The Omni Promotions Management Company 887. Norman Underwood 1400 Candler Bldg. Atlanta, Georgia 30043 (404)658-8108 Turner Broadcasting System, Inc. 888. Laura L. Taylor 127 Peachtree Street N.E. Suite 1400 Atlanta, Georgia 30303 (404)658-8000 Turner Broadcasting System, Inc. 889. William R. McBroom 190 Grandchester Way Fayetteville, Georgia 30214 (404)460-9726 McBroom and Associates 890. Larry G. Landers 1000 Circle 75 Parkway Suite 060 Atlanta, Georgia 30039 (404)955-4522 Georgia Manufactured Housing Association 891. Lou B. Holdsworth 1617 Bryn Mawr Circle Marietta, Georgia 30068 (404)973-4355 Walton High School Mt. Bethel Elementary School Dickerson Middle School PTSA 892. Tony Hightower 2720 Lochraven Court Suite 1 Snellville, Georgia 30278 (404)985-2913 Georgia Lottery Association, Inc. 893. Dallas F. Whaley 3580 Yarmouth Hill Lawrenceville, Georgia 30244 (404)923-9518 Towing and Recovery Association of Georgia Georgia Professional Towing and Recovery Association 894. Patricia F. Carriere 3627 LaVista Road Decatur, Georgia 30033 (404)761-2507 Right to Bite Coalition 895. James Howard 75 Piedmont Avenue N.E. #342 Atlanta, Georgia 30303 (404)522-6164 A.F.S.C.M.E. AFL-CIO 896. Stan Jones 285 Peachtree Center Avenue NW Atlanta, Georgia 30303-1257 (404)527-4000 Kaiser Foundation Health Plan of Georgia, Inc. SE Permanente Medical Group Healthmaster, Inc. 897. Richard H. Stancil 100 Galleria Parkway Suite 1500 Atlanta, Georgia 30339 (404)984-1600 Cauthorn and Phillips 898. Angie Daniels 2 Peachtree Street Suite 1800 Atlanta, Georgia 30383 (404)668-9653 Southeast Toyota Distributors World Omni Financial North Georgia Apple Growers Northside Hospital Motorcycle Industry Council 899. Adele Cohen 1575 Northside Drive 200 ATC Suite 250 Atlanta, Georgia 30318 (404)350-4300 Atlanta Healthcare Alliance 900. Thomas D. Walker 575 Market Street San Francisco, California 94105 (415)894-2206 The Chevron Companies 901. Jimmy Yearwood 460 South Main Street Dallas, Georgia 30132 (404)445-6160 United Transportation Union 282 JOURNAL OK THK SKNATK 902. Andrew G. Martinez 1311 Executive Center Drive Suite 121 Tallahassee, Florida 32301 (904)878-0939 Nationwide Insurance Companies 903. Gary C. Humphrey 2935 Moreland Avenue Conley, Georgia 30027 (404)363-0808 Towing and Recovery Association of Georgia 904. John Wilhelm 6051 Millstone Run Stone Mountain, Georgia 30087 (404)921-4333 Georgia Association of Media Representatives 905. Les Schneider 969 Castle Falls Drive NE Atlanta, Georgia 30329 (404)329-0452 Thompson, Gann & Hutson Georgia Amusement & Education Committee 906. Betty S. Leathers P. 0. Box 33129 Decatur, Georgia 30033 (404)493-7213 State Farm Agents Assoc. Agents Political Action Committee 907. Ronnie Simmons P. 0. Box 339 Stockbridge, Georgia 30281 (404)474-3306 State Farm Agent Assoc. Agents Political Action Comm. 908. Jack H. Smith, III P. 0. Box 52903 Atlanta, Georgia 30355 (404)261-0612 Georgians for Horse Racing 909. Michael Streetman 148 State Street Macon, Georgia 31206 (912)746-0211 Georgia Oilman's Association 910. Rosalie Kit/.ptilrick 2M,r> International Hlvtl., NW Atlanta, Georgia M.'WH (404)586-8410 Atlanta Chamber of Commerce 911. Roger J. Trueba, Jr. University Plaza Box 456 Atlanta, Georgia 30269 (404)651-2235 Georgia State University Student Government Association 912. Diane Woods Cauthorn & Phillips Ste. 1500 100 Galleria Parkway Atlanta, Georgia 30339 (404)984-1600 Cauthorn & Phillips Junior Leagues of Georgia Junior Leagues of Cobb-Marietta 913. Frank Weltz One Shell Square P. 0. Box 60193 New Orleans, Louisiana 70160 (504)588-8001 Shell Oil Company Shell Chemical Company 914. James T. Roberts 24 Ollie Street Atlanta, Georgia 30314 (404)758-9184 Strebor, Inc. 915. William H. Lee 142 S. Par Square Marietta, Georgia 30080 (404)424-9597 ABATE of Georgia Law Firm of William H. Lee C. M. Lee Company, Inc. 916. Jonathan B. Dodd 55 Trinity Avenue Atlanta, Georgia 30335 (404)330-6028 City of Atlanta 917. Karen N. Agan 2555 Stewart Avenue SW Atlanta, Georgia 30315 (404)766-1661 Nalley Chevrolet MONDAY, FEBRUARY 4, 1991 283 The President called for the morning roll call, and the following Senators answered to their names: Albert Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not answering were Senators: Edge Tate Johnson Taylor Senator Newbill of the 56th introduced the chaplain of the day, Reverend Cy Mallard, pastor of Roswell Presybterian Church, Roswell, Georgia, who offered scripture reading and prayer. The following resolutions of the Senate were read and adopted: SR 124. By Senators Starr of the 44th and Deal of the 49th: A resolution expressing regret at the passing of Mr. Joel Christopher "Chris" Perrin. SR 125. By Senators Bowen of the 13th, Hooks of the 14th, Edge of the 28th and others: A resolution commending the firefighters of Georgia on their 19th Annual Firelighter's Recognition Day. SR 126. By Senator Marable of the 52nd: A resolution recognizing and congratulating the 1990 Georgia School for the Deaf football team. SR 127. By Senators Foster of the 50th and Deal of the 49th: A resolution recognizing and commending the Georgia poultry industry for its importance to the economic well-being of this state. SR 128. By Senators Garner of the 30th, Kidd of the 25th, Walker of the 43rd and others: A resolution congratulating Lieutenant Governor Pierre Howard on the occasion of his birthday. Senator Ray of the 19th introduced Alan Bittaker, who was commended by SR 34, adopted previously, and Joe Louis Reliford, who was commended by SR 35, adopted previously. 284 JOURNAL OF THE SENATE SENATE CALENDAR Monday, February 4, 1991 THIRTEENTH LEGISLATIVE DAY SB 48 War Veterans' Homes, Augusta, Milledgeville--appointment of Administrator, Director (Substitute) (D&VA--25th) SB 68 Assistance Program for Persons with Disabilities (YA&HE--3rd) SB 85 Additional Grand Jury Panels--upon application chief judge may summon (Amendment) (Judy--54th) SB 97 Environmental Policy Act--enact (Amendment) (Nat R--45th) SB 102 Environmental Protection Division Director--appointment, removal (Substitute) (Nat R--45th) SR 19 Trail Construction--urge use portion of transportation funds (Substitute) (Nat R--25th) SR 95 Arctic National Wildlife Refuge--leases for development of oil resources (Nat R--41st) SB 21 Reptiles in Religious Services--unlawful (Amendment) (S Judy--25th) The following general bill of the Senate, favorably reported by the committee was read the third time and put upon its passage: SB 48. By Senator Kidd of the 25th: A bill to amend Article 1 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to the Department of Veterans Service, so as to provide that the appointment of the administrator of the Georgia War Veterans Nursing Home in Augusta, Georgia, and the director of the Georgia State War Veterans' Home in Milledgeville, Georgia, shall be subject to approval by the Veterans Ser vice Board. The Senate Committee on Defense and Veterans Affairs offered the following substitute to SB 48: A BILL To be entitled an Act to amend Article 1 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to the Department of Veterans Service, so as to provide that the appointment of the administrator of the Georgia War Veterans Nursing Home in Au gusta, Georgia, and the director of the Georgia State War Veterans' Home in Milledgeville, Georgia, shall be subject to approval by the Veterans Service Board; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to the Department of Veterans Service, is amended by striking in its entirety Code Section 38-4-2, relating to the powers of the Department of Veterans Service and the Veter ans Service Board, and inserting in lieu thereof a new Code Section 38-4-2 to read as follows: "38-4-2. (a) The Department of Veterans Service and the Veterans Service Board are authorized: (1) To apply for and to accept gifts, grants, and other contributions from the federal government or from any other governmental unit; (2) To use the funds received from the federal government or from any other govern- MONDAY, FEBRUARY 4, 1991 285 mental unit for the purposes authorized and directed by the federal government or such other governmental unit in making the funds available; (3) To accept and use gifts, grants, donations, and contributions of real estate, both vacant and improved, facilities, moneys, services or other property from individuals, firms, corporations, organizations, and associations and from county and municipal corporations and their subdivisions, in addition to any funds appropriated by the state; and (4) To construct and operate hospitals, nursing homes, nursing care homes, and per sonal care homes for the use and care of war veterans discharged under other than dishonor able conditions and to pay the cost of construction of the hospitals, nursing homes, nursing care homes, and personal care homes. The term 'cost of the construction' as used in this paragraph shall embrace the cost of construction; the cost of all lands, properties, rights, and easements acquired; the cost of all machinery and equipment; and the cost of engineer ing, architectural, and legal expenses and of plans and specifications and other expenses necessary or incident to determining the feasilibity or practicability of the construction of any hospitals, nursing homes, nursing care homes, and personal care homes. The term shall also include administrative expense and such other expenses as may be necessary or inci dent to the construction of any hospitals, nursing homes, nursing care homes, and personal care homes; the placing of the same in operation; and the condemnation of property neces sary for such construction and operation. (b) (1) The administrator of the Georgia War Veterans Nursing Home in Augusta, Georgia, shall be appointed by the president of the Medical College of Georgia or his ap pointed designee, subject to the approval of the Veterans Service Board. (2) The director of the Georgia State War Veterans' Home in Milledgeville, Georgia, shall be appointed by the superintendent of Central State Hospital in Milledgeville, Geor gia, subject to the approval of the Veterans Service Board." Section 2. All laws and part 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 Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 43rd White 286 JOURNAL OF THE SENATE Not voting were Senators Shumake and Walker of the 22nd. On the passage of the bill, the yeas were 54, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Turner of the 8th introduced the Valdosta High School Wildcats football team, who were commended by SR 100, adopted previously, and Coach Nick Hyder briefly ad dressed 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 68. By Senators Hammill of the 3rd, Coleman of the 1st, English of the 21st and Hill of the 4th: A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to change certain language in reference to personal attendant care programs; to change a short title; to change a purpose; to change a definition; to change the authority of the Division of Rehabilitation Services of the Department of Human Resources; to change standards and guidelines. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen B roun urton ^Cloalyeman DDeaawikins Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks JH,ouh, g8nBgsionns T^-'J I KMladrdable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake S0Stt. eamr. rb, erg rn TTaaytelor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Not voting was Senator Langford. On the passage of the bill, the yeas were 55, nays 0. The bill, having received the requisite constitutional majority, was passed. MONDAY, FEBRUARY 4, 1991 287 SB 85. By Senator Ramsey of the 54th: A bill to amend Part 1 of Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to grand juries in general, so as to provide that an additional grand jury panel may be summoned upon application by the district attorney to the chief judge; to provide the procedures for impaneling the addi tional grand jury; to provide the period that a second grand jury may serve. The Senate Committee on Judiciary offered the following amendment: Amend SB 85 by inserting between lines 7 and 8 of page 1 the following: "provide that the same matter shall not be presented to separate regular grand juries during the same term of court; to". By striking the quotes at the end of line 12 of page 2 and inserting between lines 12 and 13 the following: "(d) The same matter shall not be presented to separate regular grand juries during the same term of court.' ". 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 Alien Baldwin Bishop Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 43rd White Those not voting were Senators: Bowen English Foster Moye Shumake Starr Walker of 22nd On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. Senator Garner of the 30th moved that the Senate recess at 10:55 o'clock A.M. to at- 288 JOURNAL OF THE SENATE tend the Joint Session of the Senate and the House of Representatives called for the pur pose of hearing a message from Honorable Harold G. Clarke, Chief Justice of the Supreme Court of Georgia, at 11:00 o'clock A.M., and that the Senate reconvene immediately upon dissolution of the Joint Session. The motion prevailed. The hour for convening the Joint Session of the Senate and House of Representatives under the provisions of HR 9 having arrived, the President, accompanied by the Secretary and the Senators, proceeded to the Hall of the House of Representatives, and the Joint Session, called for the purpose of hearing a message from the Chief Justice of the Supreme Court of Georgia, was called to order by the President of the Senate. HR 9, authorizing the Joint Session of the Senate and House, was read by the Clerk of the House. The Honorable Harold G. Clarke, Chief Justice of the Supreme Court, addressed the Joint Session of the Senate and House of Representatives as follows: Lt. Governor Howard, Mr. Speaker Murphy, members of the General Assembly, fellow members of the judiciary and friends. I thank you for the very considerable honor and privilege of reporting to you on the state of the judicial branch. Last year when I made my first State of the Judiciary report, I pointed out that the then-Lieutenant Governor, the Speaker and I all came to the legisla ture at the same time. We came thirty years ago last month. The Speaker and I stand again in this chamber today. But last year's Lieutenant Governor has moved on to higher things--as the Governor of our great state. Mr. Speaker, we cannot claim that the present distinguished Lieutenant Governor served with us in 1961, but we can remember with pride and fondness that his distinguished father, who bore the same name, was our fellow member of the House back then. This stands as a reminder of how much time has passed. Mr. Speaker, it gets a little depressing when you start measuring your service in generations instead of years. But then, experience amounts to a whole lot. Much has changed in all those years. The General Assembly acts with more dignity and a more serious mindset than thirty years ago. Early in 1961, Rep. Arthur Funk of Chatham County rose from his seat on the right-hand side of this chamber to make a point of personal privilege. He stated his point in one sentence. "Mr. Speaker," he said, in this best Geechee accent, "this is the first place I've ever been where I could not add to the confusion." Under the leadership of able presiding officers and with the dedication of its member ship, the old legislature has taken on a serious approach to the people's business. I must mention another change. In those days, the Chief Justice never gave a State of the Judiciary report. He never made the report because we never invited him. Whether he would have accepted the invitation, I do not know. I stand here today happily accepting your invitation. This invitation and my presence results from the mutual recognition of the common obligations we all bear to the people. I report to you that the state of the Georgia judiciary is good. Its state remains high in spite of numerous problems. Its state remains high because of the tireless work of those extremely able and deeply dedicated men and women of the judicial branch. Its state re mains high because of the public respect for and support of the judicial branch. And yes, ladies and gentlemen, its state remains high because of the interest, cooperation and sup port of you members of the Georgia General Assembly. The business of the judiciary is justice. Justice is its only product. This proposition leads to the obvious fact that the courts have no capacity to control the volume of justice sought by the people, and they should not have. The courts cannot control quantity of jus- MONDAY, FEBRUARY 4, 1991 289 tice, they can only control the quality of justice. This last duty deeply concerns not only those who sit upon the bench but those who come before it. So, ladies and gentlemen, allow me to point out to you some problems, some accom plishments and some suggestions for future action bearing directly upon the quality of justice. First to some of the problems. A rising caseload casts upon the courts a heavy burden which it presently bears with an uneasy yoke. In just one year the average number of case filings per superior court judge increased by 152. Felony filings increased 18.5% last year. I have little doubt that this comes as a direct product of the drug business. In the Court of Appeals, drug cases rose by 77% between 1986 and 1989. Our citizens expect and they are entitled to, efficient law enforcement, expeditious pros ecution and the imposition of stringent penalties for major drug cases. Yet the frightening overload threatens the whole system. To compensate for these problems, the courts cast about for and adopt new techniques. Techniques such as fast track case processing for serious felony or drug cases and the use of technology such as video arraignments, improved case processing through automation and electronic monitoring in place of incarceration for pre-trial detention. We need to remember that it doesn't make any difference how comprehensive and facially effective the statutes you pass may be if we lack an adequate and well-trained law enforcement establishment. It doesn't make any difference how many arrests the law en forcement people make if we lack the adequate personnel, equipment and procedures within the judicial branch to try the offenders brought before it. And yes, ladies and gentlemen, it doesn't matter how many serious offenders the courts try and sentences if we lack the jail space to ensure that those sentences are carried out. But even if we could wave a magic wand and have the perfect laws, the ideal law en forcement establishment, the perfect court and unlimited jail space, it takes more than this to solve the problem. Speaking in Atlanta recently, the Attorney General of the United States said that if we fight the war against drugs solely on the law enforcement front, we face certain defeat. I concur in that sentiment. Although the court system pledges to you its best effort to deal with the drug problem, I also appeal to you for stepped-up efforts in the areas of treatment, education and general community improvement. Without these we head toward a society with more offenders than it can afford to incarcerate, and the monetary cost is exceeded by the human cost. Let me move to another problem facing the courts and the public. Most often the public views the duty to provide effective assistance of counsel to indi gent criminal defendants as a constitutional duty imposed to accomplish a social purpose. I do not quarrel with that view as far as it goes. Certainly the constitution requires adequate indigent defense. Certainly we ought to offer it anyway because it is the right thing to do. But other reasons exist. Ineffective assistance of counsel makes a problem for the courts as surely as it does for the defendant. Cases move through the courts quicker and more smoothly and produce better results when good lawyers represent the parties. Claims of ineffectiveness of counsel play a more and more troublesome part in criminal appeals. Effective representation substantially reduces the retrial of cases. I urge your support of adequate funding for the Indigent Defense Council and the Ap pellate Resource Center. We hear a continued criticism of both the state and federal court system for what the public views as inordinate delays and protraction of proceedings in death penalty cases. Some of this criticism is justified. I say this even though I recognize the solemnity of the subject matter and the terrible burden resting upon the courts which must make the deci- 290 JOURNAL OF THE SENATE sion. I believe, however, that delay caused by confusion does not necessarily lighten that burden. Our law requires the Supreme Court of Georgia to review and decide all issues in death penalty cases. We can decide with finality issues of state law. Not so with federal issues. In fact, we often can't even know how the federal courts will resolve those questions when the case gets to them. So, we end up attempting to predict what the federal courts will say. I suggest this does not serve the ends of justice. In 1977, the General Assembly authorized the Georgia Supreme Court to receive and answer certified questions from the United States Court of Appeals. This allows us to re solve state law questions arising in federal courts. We do that frequently. It saves time. It removes uncertainty and it fixes uniformity in the law. Why cannot the same thing be done in reverse? I suggest that the Georgia Supreme Court ought to decide all state issues in death pen alty cases. It ought to decide the federal issues which have a clear answer. It ought not to attempt to predict what the federal courts will do with unclear issues. So I propose that the Congress of the United States authorize the Circuit Courts of Appeals to entertain certified questions on federal law from the state courts of last resort in death penalty cases. This comports in all respects to the best traditions of federalism. The state courts decide state questions and the federal courts decide federal questions. If a de fendant's rights have been violated, we find that out quickly and he gets the protection he deserves. If no rights have been violated, that too is decided more quickly. I hope you will join with me in urging the Congress to adopt this procedure. So far I have talked about the criminal caseload problem. Civil cases present a like dilemma. We are trying to lessen the problem. Effective administration of justice depends on competent judges. Virtually all of the judges in Georgia now face mandatory continuing judicial education. The General Assembly has generously provided for the needs of the In stitute of Continuing Judicial Education. The funding of this project is a cheap price for improved justice. As surely as justice depends on the competence of judges, it also depends upon the fairness and good management of the jury system. We are moving quickly toward auto mated jury selection, management and training. Additionally, the Judicial Council endorsed jury standards for the state patterned after the American Bar Association standards. The courts must not resist technical modernization of its operations. The Georgia Courts Automation Commission published a report setting out a comprehensive plan for computerized information reporting between local courts and various state agencies. The Commission now suggests that a permanent commission be established to guide and direct the complete automation of the court system. House Bill 215 would do just this. If the courts aim at justifying their existence, they can hit the target only by serving the purpose for which they were created -- to resolve disputes. Simple solutions don't always work. Modern problems sometimes require creative remedies. Some of our sister states, and particularly our neighbors Florida and North Carolina, make use of what we call alternative dispute resolution mechanisms. That's a high sounding phrase simply meaning things like mediation and arbitration. We're doing some of that. Particularly in the Metropolitan At lanta area and in Savannah. The time has come to look at the issue in a comprehensive way. With this in mind, the Supreme Court has joined with the State Bar of Georgia to create a blue ribbon commission on alternative dispute resolutions. This commission, com posed of lawyers, judges, legislators and public members, will weigh the needs and look for means of meeting those needs. They will make recommendations as to how we can better carry out the duty the constitution imposes upon us. I remind you again of that duty. It is to ensure the speedy, efficient and inexpensive resolution of disputes and prosecution of criminal cases. I expect to have a detailed report from the ADR Commission at your next session. MONDAY, FEBRUARY 4, 1991 291 Let me assure you that we are not unmindful of the broader picture. A group within the judiciary is exploring the broad subject of where we're going and where we ought to go. They have submitted an application for a grant to the State Justice Institute to create an education program on planning for the future. They plan to use the Governor's Georgia Growth Strategies Commission 1990 report and "Georgia/2000" to identify trends and fu ture prospects in population composition, commercial climate, social services, transporta tion, and agriculture. Professional forecasters will assist the task force to explore alternative futures for the courts. Your Supreme Court faces the duty to assure that the judiciary maintains the capacity to deal with the challenges of today. We also recognize that things do not remain the same and todays do not last forever. It is for this reason that the judicial branch undertakes the activities I have outlined to you so that the people of Georgia may be assured that the resolution of their disputes will not be mired deep in the mud of yesterday's failure to prepare. I thank you for your help in the past. I solicit your cooperation and assistance in the future. Senator Garner of the 30th moved that the Joint Session be now dissolved, and the motion prevailed. The President of the Senate announced the Joint Session dissolved. At 11:45 o'clock A.M., pursuant to the provisions of a previously adopted motion, the President called the Senate to order. The following general bills of the Senate, favorably reported by the committee, were read the third time and put upon their passage: SB 97. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to enact the "Environmental Policy Act"; to provide for a short title; to provide for findings; to provide for defini tions; to provide for the disclosure of the environmental impacts of proposed state programs and projects. The Senate Committee on Natural Resources offered the following amendment: Amend SB 97 by adding on line 22 of page 5 after the period a new sentence to read as follows: "Provided further, that a government agency shall be deemed to have complied with the requirements of this chapter for a proposed governmental action that requires and has received federal approval of an environmental document prepared in accordance with the National Environmental Policy Act of 1969, as amended, and implementing regulations." On the adoption of the amendment, the yeas were 47, nays 3, and the amendment was adopted. The Senate Committee on Natural Resources offered the following amendment: Amend SB 97 by adding immediately before the period on line 6 of page 3 the following: "; but the term 'governmental action' does not include, among other things, any project or undertaking of a nongovernmental entity, even if that project or undertaking requires a permit or other approval by a governmental agency". 292 JOURNAL OF THE SENATE On the adoption of the amendment, the yeas were 47, nays 0, and the amendment was adopted. Senator Dawkins of the 45th offered the following amendment: Amend SB 97 by adding the word "or" between the words "agency" and "which" on page 3, line 1. On the adoption of the amendment offered by Senator Dawkins of the 45th, 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 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 Alien Baldwin Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Not voting were Senators Bishop and Shumake. On the passage of the bill, the yeas were 54, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. SB 102. By Senators Dawkins of the 45th, Taylor of the 12th, Robinson of the 16th and Thompson of the 33rd: A bill to amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to general matters relating to the Environmental Protection Division of the Department of Natural Resources, so as to provide for the appointment and removal of the director of such division; to create an Environmental Advisory Council; to provide for the composition of such council. The Senate Committee on Natural Resources offered the following substitute to SB 102: A BILL To be entitled an Act to amend Code Section 12-2-2 of the Official Code of Georgia MONDAY, FEBRUARY 4, 1991 293 Annotated, relating to general matters relating to the Environmental Protection Division of the Department of Natural Resources, so as to provide for the appointment and removal of the director of such division; to provide for a limitation on the salary of the director of such division; to create an Environmental Advisory Council; to provide for the composition of such council; to provide for appointment and terms of the members of such council; to pro vide for the duties and responsibilities of the council; to provide an expense allowance for such members; to provide for related matters; to repeal conflicting laws; and for other purposes. Section 1. Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to general matters pertaining to the Environmental Protection Division of the Department of Natural Resources, is amended by striking subsection (b) and inserting in lieu thereof a new subsection (b) to read as follows: "(b) (1) The division shall have a director who shall be both appointed and removed by the Board of Natural Resources with the approval of the Governor. The salary of the direc tor shall not exceed the salary of the commissioner of natural resources. The director shall appoint an assistant director of the division. The director and the assistant director shall be qualified professionals, competent in the field of environmental protection. The director and the assistant director shall be in the unclassified service. In the event of a vacancy in the office of the director or in his absence or if he is disabled, the assistant director shall per form all the duties of the director. The director shall be responsible for enforcing the envi ronmental protection laws of Georgia. The director shall hire the personnel for the division and shall supervise, direct, account for, organize, plan, and execute the functions vested in the division. (2) (A) The Governor shall appoint an Environmental Advisory Council. The council shall consist of 15 members who shall be representative of professional and lay individuals, organizations, and governmental agencies associated or involved with environmental mat ters. The term of each member of the council shall be for two years, provided that of the members first appointed, seven shall be appointed for terms of one year and eight for terms of two years. Vacancies shall be filled by similar appointment for unexpired terms. (B) The council shall advise the Governor, the board, and the director as to the efficacy of the state's environmental protection programs, the need for legislation relating to the environment, the need for expansion or reduction of specific environmental programs, and the need for specific changes in the state's environmental protection programs. The council may review and prepare written comments on proposed state plans and on standards, rules, and regulations proposed by the division. Such comments may be submitted to the director, the board, and any other individual or agency deemed appropriate. (C) Members of the council shall serve without compensation but shall receive the same expense allowance as that received by members of the General Assembly and the same mile age allowance for the use of a personal car or a travel allowance of actual transportation cost if traveling by public carrier as that received by all other state officials and employees." Section 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 41, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Alien Baldwin Bishop Bowen Broun Burton 294 JOURNAL OF THE SENATE Clay Coleman Collins Dawkins Deal Dean ^hols ^dge EpOngggat"leisrh, Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate TTahyJolmorpson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Not voting was Senator Albert. On the passage of the bill, the yeas were 55, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Baldwin of the 29th introduced the doctor of the day, Dr. Kathryn Hoffman, of LaGrange, Georgia. The following general resolutions of the Senate, favorably reported by the committees, were read the third time and put upon their adoption: SR 19. By Senator Kidd of the 25th: A resolution urging the United States Congress to adopt appropriate legislation which would require the states to use a portion of federal funds received for transportation purposes for the construction of trails for recreational and trans portation use. The Senate Committee on Natural Resources offered the following substitute to SR 19: A RESOLUTION Urging the Department of Transportation to apply for federal funds for the construc tion of trails for recreational and transportation use; and for other purposes. WHEREAS, under the Surface Transportation Assistance Act of 1982, P.L. 97-424, fed eral funds are available for bicycle trails and pedestrian walkways; and WHEREAS, at the present time $45 million is available annually from the federal gov ernment for such purpose, provided that no state shall receive an amount in excess of $4.5 million per year; and WHEREAS, these federal funds are particularly attractive because matching state funds are not necessary; and WHEREAS, the people of the State of Georgia consider walking and cycling alternate modes of transportation that play major roles in energy conservation; and WHEREAS, there is a need to provide additional bicycle trails and pedestrian walk ways for the citizens of this state and country and to provide alternatives to the use of automobiles. MONDAY, FEBRUARY 4, 1991 295 NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that this body urges the Department of Transportation to apply for federal funds under the Surface Transportation Assistance Act of 1982 to construct trails for transportation purposes to be used by bikers, hikers, and other interested parties. 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 the Depart ment of Transportation. On the adoption of the substitute, the yeas were 42, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the 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 Alien Baldwin Bishop Broun Burton X ,y CCpoelfhjmnsan Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins JiKovihdjndjson Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott SoS*htaurmr ake Tate Taylor Thompson Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Bowen Dawkins Steinberg Timmons On the adoption of the resolution, the yeas were 52, nays 0. The resolution, having received the requisite constitutional majority, was adopted by substitute. SR 95. By Senator Tysinger of the 41st: A resolution relative to granting leases on the coastal plain of the Arctic National Wildlife Refuge for exploration and development of oil and gas resources. Senator Tysinger of the 41st moved that SR 95 be postponed until Friday, February 8. On the motion, the yeas were 41, nays 0; the motion prevailed, and SR 95 was post poned until Friday, February 8. 296 JOURNAL OF THE SENATE The following general bill of the Senate, having been read the third time on February 1 and lost, and reconsidered on February 4 and placed at the foot of the Senate Calendar for today, was put upon its passage: SB 21. By Senator Kidd of the 25th: A bill to amend Part 1 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding dangerous instru mentalities and practices, so as to make it unlawful for any person to display, handle, or use any kind of reptile in connection with any religious service or gathering; to provide a penalty. Senator Kidd of the 25th moved that SB 21 be postponed until Friday, February 8. On the motion, the yeas were 43, nays 0; the motion prevailed, and SB 21 was post poned until Friday, February 8. Senator Garner of the 30th moved that the Senate do now adjourn until 9:15 o'clock A.M. tomorrow, and the motion prevailed. At 12:15 o'clock P.M., the President announced the Senate adjourned until 9:15 o'clock A.M. tomorrow. TUESDAY, FEBRUARY 5, 1991 297 Senate Chamber, Atlanta, Georgia Tuesday, February 5, 1991 Fourteenth Legislative Day The Senate met pursuant to adjournment at 9:15 o'clock A.M. today and was called to order by the President. Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House: HB 462. By Representative Harris of the 84th: A bill to amend an Act placing the county officers of McDuffie County on an annual salary, so as to provide for appointment of a deputy coroner by the coro ner; to provide for the salary of the deputy coroner. HB 4. By Representative Childers of the 15th: A bill to amend Article 3 of Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dental hygienists, so as to provide for temporary licenses. HB 5. By Representative Childers of the 15th: A bill to amend Code Section 31-11-30 of the Official Code of Georgia Annotated, relating to license requirements for an ambulance service, so as to provide that no person shall make use of the word "ambulance" or otherwise hold oneself out to be an ambulance service without having a valid license. HB 269. By Representative Childers of the 15th: A bill to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to change the provisions relating to certificates of birth for adoptees born outside the state; to change the provisions relating to new certificates of birth following adoption or legitimation. HB 201. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Goodwin of the 63rd, Titus of the 143rd and others: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to require all write-in candidates to designate the specific office sought where an office has multiple office holders. HB 202. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Goodwin of the 63rd, Titus of the 143rd and others: A bill to amend Code Section 15-6-56 of the Official Code of Georgia Annotated, relating to filling vacancies in the office of clerk of superior court in counties with a chief deputy clerk, so as to change the time period during which the chief dep uty clerk shall serve as clerk of the superior court. 298 JOURNAL OF THE SENATE HB 204. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Goodwin of the 63rd, Titus of the 143rd and others: A bill to amend Code Section 21-3-91 of the Official Code of Georgia Annotated, relating to filing notice of candidacy in municipal elections, so as to revise the time period for filing such notice with respect to certain municipal general or special elections. HB 209. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Goodwin of the 63rd, Titus of the 143rd and others: A bill to amend Part 5 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to election and qualification of county tax officials, so as to change certain provisions regarding the conducting of a special election to fill certain vacancies in the office of tax receiver, tax collector, or tax commissioner. HB 86. By Representatives Twiggs of the 4th, Colwell of the 4th, Dover of the llth and Barnett of the 10th: 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 72. By Representatives Twiggs of the 4th, Murphy of the 18th, Coleman of the 118th, Colwell of the 4th, Dover of the llth and others: A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia Controlled Substances Act," so as to compre hensively change the provisions relating to forfeitures of real or personal prop erty acquired with proceeds from the manufacture, distribution, or sale of a con trolled substance or marijuana or exchanged for a controlled substance or marijuana or used to facilitate a violation of said "Georgia Controlled Substances Act". HB 276. By Representatives Abernathy of the 39th, Childers of the 15th, Groover of the 99th, Lee of the 72nd, Redding of the 50th and others: A bill to amend Chapter 5 of Title 26 of the Official Code of Georgia Annotated, relating to drug abuse treatment and education programs, so as to provide that the Department of Human Resources shall develop criteria for assuring priority in admissions to drug dependent pregnant females. The House has agreed to the Senate substitute to the following resolution of the House: HR 15. By Representative Lane of the 27th: A resolution ratifying the alteration of regional development center boundaries established by the Board of Community Affairs. The following bills and resolution of the Senate were introduced, read the first time and referred to committees: SB 203. By Senators Bowen of the 13th, Hill of the 4th, Ray of the 19th and others: A bill to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to establish professional criteria for TUESDAY, FEBRUARY 5, 1991 299 the receipt and processing of complaints against law enforcement officers; to de fine certain terms; to provide procedures; to provide that certain information shall be provided to a law enforcement officer under investigation. Referred to Committee on Judiciary. SB 204. By Senator Shumake of the 39th: A bill to provide that a reversionary interest within a contract of conveyance of real property to the Board of Education of Fulton County shall be canceled auto matically after 50 years. Referred to Committee on Urban and County Affairs. SB 205. By Senator Shumake of the 39th: A bill to repeal that constitutional amendment providing a procedure whereby the City of Atlanta may issue a total of $4 million in bonds in any fiscal year for school purposes without a referendum which was continued in force and effect by an Act approved March 26, 1986, and that Act continuing such amendment; to provide for legislative construction and constitutional authority. Referred to Committee on Urban and County Affairs. SB 206. By Senator Langford of the 35th: 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 provide that any emergency call from a public pay telephone shall be free of charge. Referred to Committee on Finance and Public Utilities. SB 207. By Senator Edge of the 28th: A bill to amend an Act which provides a homestead exemption for each resident of Spalding County who is totally disabled or 62 years of age or older and who has less than $12,500.00 per year of specified income so as to provide that such disabled persons will have to substantiate their eligibility for the exemption on a yearly basis. Referred to Committee on Urban and County Affairs. SB 208. By Senator Edge of the 28th: A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings, so as to provide that state pol icy shall be that a minor child has frequent and continuing contact with parents that show the ability to act in the best interest of the child and to encourage parents to share in the rights and responsibilities of raising their children after separation and divorce. Referred to Committee on Youth, Aging and Human Ecology. SB 209. By Senators Taylor of the 12th, Olmstead of the 26th and Harris of the 27th: A bill to amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning, so as to require notification of certain acquisi tions and provide fines relating thereto; to provide for limitations upon the times when applications for certificates of need for certain facilities may be made and provide for notifications and determinations relating thereto; to provide for agreements to provide clinical health services to indigent persons and provide penalties relating thereto. Referred to Committee on Health and Human Services. 300 JOURNAL OF THE SENATE SB 210. By Senator Edge of the 28th: 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 cri teria for determining the best interest of the child or children. Referred to Committee on Special Judiciary. SB 211. By Senators Steinberg of the 42nd, Deal of the 49th, Johnson of the 47th and others: A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation and construction of hospitals and other health care fa cilities, so as to provide for a legislative purpose; to provide for definitions; to provide that the department or other petitioner may seek appointment of a re ceiver for a facility upon a rinding of certain circumstances. Referred to Committee on Judiciary. SB 212. By Senators Steinberg of the 42nd, Garner of the 30th, Johnson of the 47th and Scott of the 36th: 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; to change the provision relating to confidentiality; to provide for legisla tive intent and for rules to prevent certain conflicts or loss of funds. Referred to Committee on Youth, Aging and Human Ecology. SB 213. By Senators Steinberg of the 42nd, Johnson of the 47th, Deal of the 49th and others: 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 the Department of Human Resources shall provide lists of nursing homes determined to have certain deficiencies and include sanctions and remedies therefor and to require such nursing homes to provide notices of such deficiencies and other matters to certain persons and entities; to provide for fines. Referred to Committee on Youth, Aging and Human Ecology. SB 214. By Senators Thompson of the 33rd and Clay of the 37th: A bill to amend an Act creating the Cobb County Commission on Children and Youth, as amended, so as to make additional provisions to allow said Commission to qualify for tax-exempt treatment under the United States Internal Revenue Code; to change the date upon which said Commission will be abolished. Referred to Committee on Urban and County Affairs. SB 215. By Senators Hasty of the 51st, Clay of the 37th, Ramsey of the 54th and Marable of the 52nd: A bill to amend Part 1 of Article 2 of Chapter 8 of Title 12, the "Georgia Com prehensive Solid Waste Management Act," so as to prohibit the issuance of per mits for municipal solid waste landfills located within a specified distance of cer tain rivers; to provide a definition. Referred to Committee on Natural Resources. SB 216. By Senators White of the 48th, Phillips of the 9th, Perry of the 7th and Burton of the 5th: 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 create the student TUESDAY, FEBRUARY 5, 1991 301 tutors often prevent dropouts (STOP) program; to provide for grants of state funds to local school systems for the employment of certain secondary school honor students as student tutors for students in grades seven, eight, and nine who are eligible for remedial education program services. Referred to Committee on Education. SB 217. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: 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 provide that the high school general education program shall be the base program against which the cost of all other instructional programs shall be compared; to modify the program weights assigned to instructional programs under the Quality Basic Education Formula. Referred to Committee on Education. SB 218. By Senator Hasty of the 51st: A bill to amend Article 14 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the powers of local authorities to enforce the Uniform Rules of the Road, so as to prohibit law enforcement officers of certain munici palities from enforcing or making arrests for violations of Title 40 and local laws or ordinances relating to motor vehicles upon certain roads. Referred to Committee on Judiciary. SB 219. By Senators Ragan of the 32nd, Clay of the 37th and Edge of the 28th: A bill to amend Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling offenses, so as to provide for a felony offense of cockfighting; to provide for a definition; to provide for penalties. Referred to Committee on Judiciary. SB 220. By Senators Ragan of the 32nd, Clay of the 37th and Edge of the 28th: A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly in general, so as to provide for personal identifi cation cards for former members of the General Assembly; to provide for an ex ception; to provide that the cards shall be issued by the Georgia Building Authority. Referred to Committee on Governmental Operations. SB 221. By Senator Olmstead of the 26th: A bill to amend an Act entitled "Macon-Water Commissioners Pension Plan", as amended, so as to change certain provisions relating to employer contributions; to provide an effective date. Referred to Committee on Urban and County Affairs. SB 222. By Senators Kidd of the 25th, Harris of the 27th, Hammill of the 3rd and others: A bill to amend Chapter 20 of Title 43 of the Official Code of Georgia Annotated, known as the "Georgia Hearing Aid Dealers and Dispensers Act," so as to change the composition of the State Board of Hearing Aid Dealers; to change the provi sions relating to the issuance of dispensers' licenses; to change certain provisions relating to examination of applicants for a license. Referred to Committee on Governmental Operations. 302 JOURNAL OF THE SENATE SR 129. By Senator Broun of the 46th: A resolution designating the Thomson Mills Forest of the University of Georgia as the State Arboretum of Georgia. Referred to Committee on Higher Education. The following bills of the House were read the first time and referred to committees: HB 4. By Representative Childers of the 15th: A bill to amend Article 3 of Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dental hygienists, so as to provide for temporary licenses. Referred to Committee on Health and Human Services. HB 5. By Representative Childers of the 15th: A bill to amend Code Section 31-11-30 of the Official Code of Georgia Annotated, relating to license requirements for an ambulance service, so as to provide that no person shall make use of the word "ambulance" or otherwise hold oneself out to be an ambulance service without having a valid license. Referred to Committee on Health and Human Services. HB 72. By Representatives Twiggs of the 4th, Murphy of the 18th, Coleman of the 118th and others: A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia Controlled Substances Act," so as to compre hensively change the provisions relating to forfeitures of real or personal prop erty acquired with proceeds from the manufacture, distribution, or sale of a con trolled substance or marijuana or exchanged for a controlled substance or marijuana or used to facilitate a violation of said "Georgia Controlled Substances Act". Referred to Committee on Judiciary. HB 86. By Representatives Twiggs of the 4th, Colwell of the 4th, Dover of the llth and Barnett of the 10th: A bill to amend Code Section 16-13-31 of the Official Code of Georgia Annotated, relating to the criminal offense of trafficking in cocaine, illegal drugs, or mari juana, so as to change the elements of and punishment for the offense of traffick ing in marijuana. Referred to Committee on Special Judiciary. HB 201. By Representatives Holmes of the 28th, Greene of the 130th, 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 all write-in candidates to designate the specific office sought where an office has multiple officeholders. Referred to Committee on Governmental Operations. HB 202. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd and others: A bill to amend Code Section 15-6-56 of the Official Code of Georgia Annotated, relating to filling vacancies in the office of clerk of superior court in counties with a chief deputy clerk, so as to change the time period during which the chief dep uty clerk shall serve as clerk of the superior court. Referred to Committee on Governmental Operations. TUESDAY, FEBRUARY 5, 1991 303 HB 204. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd and others: A bill to amend Code Section 21-3-91 of the Official Code of Georgia Annotated, relating to filing notice of candidacy in municipal elections, so as to revise the time period for filing such notice with respect to certain municipal general or special elections. Referred to Committee on Governmental Operations. HB 209. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd and others: A bill to amend Part 5 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to election and qualification of county tax officials, so as to change certain provisions regarding the conducting of a special election to fill certain vacancies in the office of tax receiver, tax collector, or tax commissioner. Referred to Committee on Governmental Operations. HB 269. By Representative Childers of the 15th: A bill to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to change the provisions relating to certificates of birth for adoptees born outside the state; to change the provisions relating to new certificates of birth following adoption or legitimation. Referred to Committee on Health and Human Services. HB 276. By Representatives Abernathy of the 39th, Childers of the 15th, Groover of the 99th and others: A bill to amend Chapter 5 of Title 26 of the Official Code of Georgia Annotated, relating to drug abuse treatment and education programs, so as to provide that the Department of Human Resources shall develop criteria for assuring priority in admissions to drug dependent pregnant females. Referred to Committee on Youth, Aging and Human Ecology. HB 462. By Representative Harris of the 84th: A bill to amend an Act placing the county officers of McDuffie County on an annual salary, so as to provide for appointment of a deputy coroner by the coro ner; to provide for the salary of the deputy coroner. Referred to Committee on Urban and County Affairs. The following reports of standing committees were read by the Secretary: Mr. President: The Committee on Banking and Financial Institutions 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 162. Do pass. SB 163. Do pass as amended. SB 175. Do pass by substitute. HB 47. Do pass. Respectfully submitted, Senator Turner of the 8th District, Chairman 304 JOURNAL OF THE SENATE Mr. President: The Committee on Economic Development and Tourism 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 100. Do pass. Respectfully submitted, Senator Broun of the 46th District, Chairman Mr. President: The Committee on Education has had under consideration the following bill of the Sen ate and has instructed me to report the same back to the Senate with the following recommendation: SB 71. Do pass by substitute. Respectfully submitted, Senator Foster of the 50th District, Chairman Mr. President: The Committee on Education has had under consideration the following bill of the Sen ate and has instructed me to report the same back to the Senate with the following recommendation: SB 32. Do pass. Respectfully submitted, Senator Foster of the 50th District, Chairman Mr. President: The Committee on Finance and Public Utilities has had under consideration the follow ing bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 169. Do pass. SR 90. Do pass. SR 94. Do pass. SR 96. SR 106. HB 32. Do pass. Do pass. Do pass. Respectfully submitted, Senator Starr of the 44th District, Chairman Mr. President: The Committee on Higher Education has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 167. Do pass. Respectfully submitted, Senator Hammill of the 3rd District, Chairman TUESDAY, FEBRUARY 5, 1991 305 Mr. President: The Committee on Retirement 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 153. Do pass by substitute. Respectfully submitted, Senator Tate of the 38th District, Chairman Mr. President: The Committee on Special Judiciary has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 127. Do pass. HB 168. Do pass. SB 177. Do pass. HB 170. Do pass. Respectfully submitted, Senator Edge of the 28th 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 43. Do pass by substitute. HB 356. Do pass. SB 90. Do pass. HB 359. Do pass. HB 355. Do pass. HB 362. Do pass. Respectfully submitted, Senator Harris of the 27th District, Chairman Mr. President: The Committee on Urban and County Affairs has had under consideration the following bill and resolution of the House and has instructed me to report the same back to the Sen ate with the following recommendations: HB 231. Do pass. HR 16. Do pass. Respectfully submitted Senator Harris of the 27th District, Chairman The following bills of the Senate were read the second time: SB 59. By Senators Collins of the 17th, Starr of the 44th, Edge of the 28th and Newbill of the 56th: A bill to amend Code Section 17-7-211 of the Official Code of Georgia Annotated, relating to the right of defendant to copies of written scientific reports which will be introduced in evidence, so as to provide that certain written scientific reports from the Georgia Bureau of Investigation shall be admissible as evidence of the truth of the test results, notwithstanding any objections on the grounds of hear say, authenticity, or foundation. 306 JOURNAL OF THE SENATE SB 73. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, the "Georgia Controlled Substances Act," so as to change provisions relating to contraband, seizure, and forfeitures under said article; to provide what property shall be subject to seizure and forfeiture; to provide procedures for seizure and forfeiture; to provide for the distribution of proceeds of forfeitures. SB 74. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend numerous provisions of the Official Code of Georgia Annotated so as to create a new Department of Public Safety and to change the administra tion and provision of law enforcement services at the state level; to amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to delete a provision relating to the Department of Public Safety. SB 89. By Senator Edge of the 28th: A bill to amend Code Section 40-8-71 of the Official Code of Georgia Annotated, relating to motor vehicle exhaust systems, so as to provide that certain motor vehicles operated on racetracks shall be equipped with mufflers. The President called for the morning roll call, and the following Senators answered to their names: Albert Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Not answering were Senators Phillips and Tate. Senator Olmstead of the 26th introduced the chaplain of the day, Reverend Ronald Terry, Sr., pastor of the New Fellowship Missionary Baptist Church, Macon, Georgia, who offered scripture reading and prayer. The following resolutions of the Senate were read and adopted: SR 130. By Senators Bowen of the 13th, Ragan of the 10th, Turner of the 8th and others: A resolution commending Chief Warrant Officer Guy Hunter, Jr. SR 131. By Senator Bowen of the 13th: A resolution recognizing the Slosheye Trail Big Pig Jig as the state's Official Bar becue Cooking Contest. TUESDAY, FEBRUARY 5, 1991 307 SR 132. By Senator Hill of the 4th: A resolution recognizing Ben Nessmith. Senator Kidd of the 25th moved that the following bill of the Senate be withdrawn from the Senate Committee on Insurance and Labor and committed to the Senate Commit tee on Governmental Operations: SB 190. 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, so as to change the provisions relating to the establishment of such plans; to provide for the State Personnel Board to estab lish a schedule of fees for hospitals, practitioners of the healing arts, and pharmacists. On the motion, the yeas were 34, nays 0; the motion prevailed, and SB 190 was with drawn from the Senate Committee on Insurance and Labor and committed to the Senate Committee on Governmental Operations. 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 5, 1991 FOURTEENTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) *SB 43 Egan, 40th Newbill, 56th Moye, 34th Langford, 35th Scott, 36th Tate, 38th Shumake, 39th Provides for the determination of millage rate, procedures, and notices thereof for Fulton County and Municipalities located within. (SUBSTITUTE) SB 90 Newbill, 56th Egan, 40th Moye, 34th Langford, 35th Scott, 36th Tate, 38th Shumake, 39th Provides for the incorporation, charter, boundaries, powers, revenue sharing, referendum of the City of Sandy Springs. HB 355 Hooks, 14th Abolishes the elected office of Treasurer of Sumter County. Authorizes the Board of Commissioners to designate a county employee to perform the du ties. 308 JOURNAL OF THE SENATE HB 356 Muggins, 53rd Ramsey, 54th Places the Judge of the Probate Court of Catoosa County and the Clerk of the Superior Court on annual salaries in lieu of fees, so as to authorize the Judge of the Probate Court to employ parttime clerical assistance. HB 359 Hooks, 14th Provides for the creation of one or more community improvement districts in Sumter County and in each municipality therein. Also provides for purposes, definitions, titles, and boards to administer districts. Provides also for taxes, fees, assessments, boundaries. HB 362 Timmons, llth Provides for the creation of the office of county administrator of Mitchell County. Provides for the appointment of, power, duties, and responsibilities of the administrator. Provides for acting county administrator. The substitute to the following bill was put upon its adoption: *SB 43: The Senate Committee on Urban and County Affairs offered the following substitute to SB 43: A BILL To be entitled an Act to provide for the determination of the millage rate by the gov erning authorities of Fulton County, the City of Atlanta, any municipality wholly or par tially located in Fulton County, the school systems of Fulton County, the City of Atlanta, and any other municipalities wholly or partially located in Fulton County, and any special tax district in Fulton County; to provide for definitions; to provide for certification of taxa ble values and millage rates by the tax commissioner of Fulton County; to provide for the adoption of millage rate resolutions and ordinances; to provide procedures for the adoption of a millage rate; to provide for the publication of notices; to provide for the form of notices; to provide the procedure for adopting the ordinance or resolution; to provide for other mat ters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. As used in this Act, the term: (1) "Ad valorem tax" or "property tax" means a tax imposed upon the assessed value of property. (2) "Certified tax digest" means that annual property tax digest certified by the tax commissioner of Fulton County to the Georgia Department of Revenue and approved by the state revenue commissioner. (3) "Governing authority" means that official or group of officials responsible for gov ernance of a taxing jurisdiction. (4) "Local fair share" means the amount of funds that each local school system shall be required to spend each fiscal year to support the Quality Basic Education Program pursuant to Code Section 20-2-164. (5) "Mill" means one one-thousandth of a United States dollar. (6) "Millage" or "millage rate" means the levy, in mills, which is established by the governing authority for purposes of financing, in whole or in part, the county's, municipali ties', or school systems' expenses for their fiscal years. TUESDAY, FEBRUARY 5, 1991 309 (7) "Roll-back rate" means the millage rate levied in the fiscal year immediately pre ceding the new fiscal year minus the millage equivalent of the values added by reassessment of real property certified by the chief assessor of Fulton County; provided, however, that the five mills local fair share shall be excluded from the millage rate levied in the fiscal year immediately preceding the new fiscal year for purposes of rollback and that local school systems be authorized to levy the millage required to raise the local fair share required to support the Quality Basic Education Program pursuant to Code Section 20-2-164. (8) "Taxing jurisdiction" means Fulton County, the City of Atlanta, any municipality located wholly or partially in Fulton County, the school systems of the county and any such cities, and any special tax district of Fulton County. (9) "Values added by reassessments" means all taxable assessed values added to the certified tax digest as a result of revaluation of existing real property, not including taxable values added as a result of new construction or additions or deletions of structures from the most recent certified tax digest or additions or deletions in the aggregate taxable value of property other than real property. Section 2. On or before June 1, 1991, and on or before such date each year thereafter, the chief tax assessor of Fulton County shall certify to the governing authority: (1) The assessed taxable value of all property, by class of property and in total, which is subject to taxation for that fiscal year within the county; (2) The assessed taxable value contained in the certified tax digest for that fiscal year which was added by reassessment of existing properties; and (3) Instructions describing the method to compute a millage rate for the next fiscal year which, exclusive of values added by new construction, additions, deletions, and property added or deleted due to geographic boundary changes but inclusive of values added by reas sessments, will provide the same ad valorem tax revenue for the taxing jurisdiction's next fiscal year as was levied during the current fiscal year; provided, however, that the millage rate for local school systems shall be computed pursuant to paragraph (7) of Section 1 of this Act. Section 3. (a) No millage for the calendar year beginning in 1991 and any year thereaf ter may be levied until the governing authority adopts a resolution or ordinance which spec ifies the millage rate. The resolution or ordinance shall be adopted at an advertised public meeting and at a time and place which is convenient to the taxpayers of the taxing jurisdic tion and shall be adopted only after the governing authority of the taxing jurisdiction has complied with the provisions of this section. Whenever the governing authority shall pro pose to adopt a millage rate which does not exceed the roll-back rate, it may establish its millage rate pursuant to this subsection. (b) In those instances in which the governing authority proposes to establish any mil lage rate which would require increases beyond the roll-back rate, the governing authority shall advertise its intent to do so and meet again to adopt its ordinance or resolution estab lishing a millage rate in excess of the roll-back rate. The meeting shall be held not earlier than three weeks following the date when the proposed millage rate was determined. (c) Not later than one week prior to final consideration of the proposed millage rate, the governing authority shall place an advertisement in a newspaper of general circulation serv ing the residents, which shall read as follows: NOTICE OF PROPERTY TAX INCREASE The (name of governing authority) has tentatively adopted a millage rate which will require an increase in property taxes of (percentage increase over roll-back rate) percent. All concerned citizens are invited to the public hearing on this tax increase to be held at (place of meeting) on (date and time). A FINAL DECISION on the proposed tax increase will be made only after this hearing. 310 JOURNAL OF THE SENATE (d) The advertisement shall be prominently displayed and shall not be placed in that section of the newspaper where legal notices appear. (e) After the final hearing, the millage rate shall be adopted. The ordinance or resolu tion shall specify the roll-back rate and the final millage rate. (f) Any notice or hearing required under this section may be combined with any notice or hearing required under Article 1 of Chapter 81 of Title 36 of the O.C.G.A. Nothing in this section shall be deemed to preclude the conduct of further hearings, if the governing author ity deems such hearings necessary and complies with the general notice requirements of subsections (a) and (c) of this section. (g) A subsequent adjustment in the millage rate for the then current tax year made by the governing authority of any taxing jurisdiction to effect the adjustments required by Ar ticle 5A of Chapter 5 of Title 48 of the O.C.G.A. shall not require new advertisement and hearings as required in this section. Section 4. Nothing contained in this Act shall serve to extend or authorize any millage rate in excess of the maximum millage rate permitted by law or to prevent the reduction of the millage rate. Section 5. Failure of a taxing jurisdiction to comply with the requirements of this bill shall not invalidate any tax bill. Section 6. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 52, nays 0, and the substitute was adopted. 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 Alien Baldwin Bishop Bowen roun B Cf^ man Gillis Hammill Harris Henson Hm Hooks JHouhgngsionns nDj-)aewalkmfns, Dean Echols Edge Egan English Foster Garner Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson SSctaortrt Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Clay Hasty Shumake Steinberg On the passage of all the local bills, the yeas were 52, nays 0. TUESDAY, FEBRUARY 5, 1991 311 All the bills on the Senate Local Consent Calendar, except SB 43, having received the requisite constitutional majority, were passed. SB 43, having received the requisite constitutional majority, was passed by substitute. SENATE CALENDAR Tuesday, February 5, 1991 FOURTEENTH LEGISLATIVE DAY SB 33 Coroners--annual training course (Substitute) (Gov Op--25th) SB 94 Hazardous Waste Management Authority--appointment of executive director (Substitute) (Nat R--45th) SB 107 Therapeutic Recreation Personnel--licensure (Substitute) (H&HS--25th) SB 112 District Attorney Performing Military Duty--eligible for reelection (Judy--54th) SB 113 Driving Under the Influence--change level to .10 and certain presumptions (Judy--37th) SB 120 Bingo License--no fingerprinting certain applicants (Judy--40th) SB 128 Institution Transporting Inmate with Certain Disease--notify jail officer (H&HS--17th) SB 130 Girls and Women in Sports Day--designate first Thursday, each February (Gov Op--5th) SB 143 Consent to Medical Treatment--persons authorized (Substitute) (H&HS--54th) SB 159 Practice of Dentistry Without License--change penalty (H&HS--26th) SR 10 State Agency--abolishment after four years unless continued (Substitute) (Gov Op--33rd) SR 98 Surface Transportation Reauthorization Act--urge President, Congress pass (Trans--1st) HB 68 Elections--correct errors in Official Code of Georgia Annotated (Gov Op--49th) HB 195 Special Elections--held on uniform dates (Gov Op--25th) HR 131 University of Tennessee--urge certain Georgians attend without out-of-state fee (H Ed--3rd) SB 81 Driver's License--vision standards (Pub S--25th) SB 51 Rules of Evidence--general provisions (Amendment) (Judy--49th) The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage: SB 33. By Senators Kidd of the 25th and Garner of the 30th: A bill to amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to require coroners and deputy coroners to take an annual training course approved by the Georgia Coroner's Training Council; to provide that under certain conditions the Georgia Coroner's Training Council may waive such training for a coroner or deputy coroner during any given year. The Senate Committee on Governmental Operations offered the following substitute to SB 33: A BILL To be entitled an Act to amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to require coroners and deputy coroners to take an 312 JOURNAL OF THE SENATE annual training course approved by the Georgia Coroner's Training Council; to provide that under certain conditions the Georgia Coroner's Training Council may waive such training for a coroner or deputy coroner during any given year; to change the definition of certain terms used in the "Georgia Death Investigation Act"; to define an additional term under said Act; to change the provisions relating to when an inquest is not required; to change the provisions relating to the duties and jurisdiction of coroners; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, is amended by striking in its entirety Code Section 45-16-6, relating to participa tion by coroners in a training course, and inserting in lieu thereof a new Code Section 45-166 to read as follows: "45-16-6. During every calendar year they are in office, every coroner and deputy coro ner shall be required, as a condition of continuing to serve as coroner, to take the training course of at least 24 hours approved by the Georgia Coroner's Training Council. Any coro ner or deputy coroner on a fee system of compensation taking the training course required by this Code section shall receive the same expense allowance per day as that received by a member of the General Assembly, plus reimbursement of actual transportation costs while traveling by public carrier or the legal mileage rate for the use of a personal automobile and registration fees for such training course. Any coroner or deputy coroner on a salary system of compensation taking the training course required by this Code section shall be reim bursed for actual expenses incurred to include registration fees, food, lodging, and travel expenses. Such expense allowance and reimbursements shall be paid by the county gov erning authority from county funds. In the event, however, that a coroner or deputy is pre vented in any calendar year from taking such training by sickness or other providential cause, the requirement of training for that year may be waived by the Georgia Coroner's Training Council." Section 2. Said chapter is further amended by striking in its entirety Code Section 4516-21, relating to definitions under the "Georgia Death Investigation Act," and inserting in lieu thereof a new Code Section 45-16-21 to read as follows: "45-16-21. As used in this article, the term: (1) 'Autopsy' means the dissection of a dead body and the examination of bone, tissue, organs, and foreign objects for the purpose of determining the cause of death and circum stances surrounding the same, which procedure shall include as a minimum an external ex amination and the examination of the brain, neck and thoracic organs, and abdominal organs. (2) 'County medical examiner' means that office established in lieu of the office of coro ner pursuant to Code Section 45-16-80 or any amendment to the Constitution continued pursuant to the authority of Article XI, Section I, Paragraph IV of the Constitution. (3) 'Division' means the Division of Forensic Sciences of the Georgia Bureau of Investigation. (4) 'External examination' means an external examination of a dead body but shall not include dissection of the body for any purpose except dissection which is necessary for and limited to procurement of blood or body fluids for toxicological or other analysis. (5) 'Forensic consultant' means a person meeting the requirements and authorized to perform the duties specified in subsection (c) of Code Section 45-16-23. (6) 'Inquest' means an official judicial inquiry before a coroner and coroner's jury for the purpose of determining the cause of death. (7) 'Limited dissection' means the incision into or dissection of a dead body for diagno- TUESDAY, FEBRUARY 5, 1991 313 sis or evidence collection and the term includes without being limited to an external exami nation but does not include an individual examination of the: (A) Brain; (B) Neck organs; (C) Thoracic organs; and (D) Abdominal organs but may include an examination of any but not all of the categories of organs specified in subparagraphs (A) through (D) of this paragraph. (8) 'Local medical examiner' means a person meeting the requirements and authorized to perform the duties specified in subsection (b) of Code Section 45-16-23. (9) 'Medical examiner' means: (A) The state medical examiner; (B) A regional medical examiner; (C) A county medical examiner; (D) A local medical examiner; or (E) Any person who is employed by the state and appointed as a medical examiner as of December 1, 1989, who continues to perform the duties and exercise the powers of a medical examiner under this article when such performance and exercise is within the scope of such employment. (10) 'Medical examiner's inquiry' means an inquiry made by a medical examiner into the circumstances surrounding a death which is required to be reported under the provi sions of Code Section 45-16-24, which inquiry may include, but is not required to include, a scene investigation, an external examination, a limited dissection, an autopsy, or any combi nation thereof. (11) 'Medical examiner's investigator' means a person meeting the requirements and authorized to perform the duties specified in subsection (d) of Code Section 45-16-23. (12) 'Peace officer in charge' means any peace officer of the Georgia State Patrol or agent of the Georgia Bureau of Investigation, sheriff or sheriffs deputy, peace officer as signed to the coroner's office, county policeman, city policeman, or city detective who may be in charge of the investigation of any case involving a death covered by Code Sections 4516-27 and 45-16-32. (13) 'Regional medical examiner' means a medical examiner appointed by the state medical examiner who is a pathologist certified in forensic pathology by the American Board of Pathology. (14) 'Scene investigation' means an examination by the county medical examiner, coro ner, peace officer in charge, medical examiner, or medical examiner's investigator of the area surrounding a dead body or area where a death or agonal event occurred. (15) 'State medical examiner' means a medical examiner whose office is created by Code Section 45-16-92. (16) 'Unattended death,' 'died unattended,' or 'died unattended by a physician' means a death where a person dies of apparent natural causes and has no physician who can certify the death as being due to natural causes. If the suspected cause of death directly involves any trauma or complication of such trauma, the death must be reported to the coroner or county medical examiner. An unattended death also occurs when a person is admitted unre sponsive to a hospital and dies within 24 hours of admission." Section 3. Said chapter is further amended by striking in its entirety paragraph (1) of 314 JOURNAL OF THE SENATE subsection (a) of Code Section 45-16-27, relating to when an examination is to be performed and inquest to be held, and inserting in lieu thereof a new paragraph (1) to read as follows: "(1) When any person dies under any circumstances specified in paragraphs (1) through (8) of subsection (a) of Code Section 45-16-24; provided, however, that an inquest is not required to be held, although the coroner is authorized to hold an inquest, under the follow ing circumstances: (A) When upon the completion of the medical examiner's inquiry the peace officer in charge, coroner, and the medical examiner are satisfied that, even though death resulted from violence, no foul play was involved. In this event, the coroner and the medical exam iner shall make a written report of their investigation and findings to the division as set forth in Code Section 45-16-32 and upon their recommendation, the coroner may make and file a proper death certificate; (B) When there is sufficient evidence to establish the cause and manner of death, even though the medical examiner's inquiry revealed that death resulted from foul play; (C) When no demand for an inquest is made within 30 days after the filing of the death certificate. However, if such demand is made by the party or parties affected by the death, the coroner is authorized to hold the inquest; (D) When upon the completion of the medical examiner's inquiry the medical examiner, peace officer in charge, and coroner are sufficiently satisfied that death resulted from natural causes, and that medical examiner or coroner is willing to and does sign and file a proper death certificate, and no demand for an inquest is made within 30 days thereafter; (E) When after full and complete investigation no evidence of foul play is found in cases of hidden cause of death which fall under the jurisdiction of the coroner. The coroner shall be authorized to sign the death certificate on the basis of the information given to him in the reports of the peace officer in charge and the medical examiner, provided that, in such hidden causes of death, after a complete investigation, if sufficient medical history is obtained by the coroner, the peace officer in charge, or the medical examiner to disclose the cause of death and if the attending physician will sign the death certificate, such cases shall not come under the jurisdiction of the coroner; or (F) In cases of deaths of personnel in the armed forces of the United States government resulting from airplane disasters involving airplanes of the armed forces, including crashes or explosions, which deaths shall not come under the jurisdiction of the coroner. It shall be the responsibility of the peace officer in charge to notify the proper armed forces of the United States government immediately of such airplane crashes or explosions in order that they may send their trained forces to the scene for investigation. It shall be the duty of the peace officer in charge, when notified of such crashes or explosions, to proceed to the scene and guard the area in such manner that no bodies or parts of said airplanes shall be moved or disturbed until the arrival of proper investigating officers from the armed forces of the United States government;". 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 SB 33 offered by the Senate Committee on Governmental Op erations by adding in the title at the end of line 2 on page 1 the following: "change the qualifications for the office of coroner; to". By adding between lines 14 and 15 on page 1 the following: "Section 1. Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, is amended by striking in its entirety subparagraph (b)(l)(D) of Code Section 45- TUESDAY, FEBRUARY 5, 1991 315 16-1, relating to the election, commission, and removal of coroners, and inserting in lieu thereof a new subparagraph (D) to read as follows: '(D) Has attained the age of 21 years prior to the date of qualifying for election to the office;'". By striking in their entirety lines 15 and 16 on page 1, which read as follows: "Section 1. Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, is amended", and inserting in lieu thereof the following: "Section 2. Said chapter is further amended". By renumbering Sections 2 through 4 as Sections 3 through 5, respectively. On the adoption of the amendment, the yeas were 42, nays 0, and the amendment was adopted. On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted as amended. The 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 Alien Baldwin Bishop Bowen B^un Burton Clay CCoollleimnsan Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Hill Hooks Huggins JKoihdndson Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey j^ay Robinson Scott gtarr 0St, em. b, erg a lay'or Thompson Timmons Turner Tysinger Walker of 43rd White Those not voting were Senators: Henson Shumake Walker of 22nd On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. SB 107. By Senator Kidd of the 25th: A bill to amend Chapter 41 of Title 43 of the Official Code of Georgia Annotated, relating to the State Board of Recreation Examiners, so as to provide for the 316 JOURNAL OF THE SENATE mandatory licensure of therapeutic recreation personnel in medically based set tings and the permissive certification of recreation personnel; to define minimum qualifications for licensure or certification; to provide for the composition of the board. The Senate Committee on Health and Human Services offered the following substitute to SB 107: A BILL To be entitled an Act to amend Chapter 41 of Title 43 of the Official Code of Georgia Annotated, relating to the State Board of Recreation Examiners, so as to provide for the mandatory licensure of therapeutic recreation personnel in medically based settings and the permissive certification of recreation personnel; to define minimum qualifications for licen sure or certification; to provide for the composition of the board; to grant the board the authority to establish minimum curriculum for qualifying educational programs; to provide prerequisites to admission to examination; to clarify the grounds for disciplinary action; to provide definitions; to repeal certain provisions relating to certification and registration of members of the armed forces and relating to discrimination; to provide for grounds for revo cation of a certificate or license; to provide for the expiration date of a certificate or license; to provide for temporary licenses and permits; 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. Chapter 41 of Title 43 of the Official Code of Georgia Annotated, relating to the State Board of Recreation Examiners, is amended by striking Code Section 43-41-1, relating to definitions, and inserting in lieu thereof a new Code Section 43-41-1 to read as follows: "43-41-1. As used in this chapter, the term: (1) 'Board' means the State Board of Recreation Examiners established under this chapter. (2) 'Master therapeutic recreation specialist' means a person licensed to supervise and to administer the practice of therapeutic recreation as defined in this Code section and whose license is in good standing. (3) 'Practice of therapeutic recreation' means, but is not limited to, the following: (A) Assessment of leisure functions; determining an individual's present level of recrea tive and leisure behavior and performance by using standardized procedures which include history taking; observation; staff, client, and family interviews; tests of leisure interests and motor, perceptual, social, and learning skills; and activity analysis for the purpose of prepar ing an individually prescribed leisure plan which will be goal oriented and stated in behav ioral terms and will provide a schedule of service and evaluation; and (B) Providing therapeutic recreation services, which is a process that uses recreation services for intervention in an aspect of physical, emotional, or social behavior to bring about a desired change in that behavior and to promote the growth and development of that individual. (4) 'Recreation administrator' means the executive head or management level position administering a permanent full-time recreation or park program for this state or county or municipality, or any agency thereof, or for any public institution. (5) 'Recreation leader' means a person responsible for implementing recreation activi ties under the supervision of a recreation administrator or supervisor. (6) 'Recreation supervisor' means a person responsible for the planning, organizing, and supervising of a part of a program administered by a recreation administrator. TUESDAY, FEBRUARY 5, 1991 317 (7) 'Therapeutic recreation specialist' means a person licensed to supervise and imple ment the practice of therapeutic recreation. (8) 'Therapeutic recreation technician' means a person who is licensed to work under the supervision of therapeutic recreation specialists or master therapeutic recreation special ists in the practice of therapeutic recreation." Section 2. Said chapter is further amended by striking Code Section 43-41-3, relating to the composition of the board, and inserting in lieu thereof a new Code Section 43-41-3 to read as follows: "43-41-3. (a) The Governor shall appoint all members to the nine-member board. (b) Two members of the board shall be certified recreation administrators, two mem bers shall be certified recreation supervisors, one member shall be a master therapeutic rec reation specialist, two members shall be therapeutic recreation specialists, one member shall be actively providing academic instruction of therapeutic recreation majors at an accredited college or university and shall be licensed at a professional level, and one member shall be a consumer. (c) All appointments shall be for terms of three years. All members shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2. (d) All members of the board shall serve after the expiration of their respective terms until their respective successors shall be appointed and shall qualify, and vacancies occur ring in the membership of the board shall be filled for the unexpired terms only in the same manner that appointments to the board are made." Section 3. Said chapter is further amended by striking Code Section 43-41-5, relating to the general duties of the board, and inserting in lieu thereof a new Code Section 43-41-5 to read as follows: "43-41-5. The board shall have the following duties and responsibilities: (1) Administer a plan of permissive certification for recreation administrators, recrea tion supervisors, and recreation leaders, mandatory licensure for therapeutic recreation pro fessionals in a medically based agency or institution, and permissive licensure for therapeu tic recreation professionals in a municipal, county, or other nonmedically based agency or setting; (2) Make such rules and regulations as may be necessary for the carrying out of the plan; (3) Establish and modify qualifications and hold examinations for certification of recre ation administrators, recreation supervisors, and recreation leaders and for licensure of ther apeutic recreation technicians, therapeutic recreation specialists, and master therapeutic recreation specialists; (4) Conduct, or assist in conducting, research and studies of problems relating to pro fessional standards among those engaged in recreation work and recommend changes and improvements therein; (5) Formulate proper application forms, certificates, licenses, and other materials perti nent to the plan; and (6) Establish the minimum curriculum requirements to constitute a degree in therapeu tic recreation or a degree in recreation with an option or emphasis in therapeutic recreation." Section 4. Said chapter is further amended by striking Code Section 43-41-6, relating to prerequisites to examination for license as a therapeutic recreation technician, which reads as follows: "43-41-6. In order to be eligible to take the license examination for a therapeutic recrea- 318 JOURNAL OF THE SENATE tion technician, the applicant must present, in addition to the requirements of Code Section 43-41-12, satisfactory evidence that the applicant: (1) Has a baccalaureate degree in recreation from an accredited college or university; (2) Has a baccalaureate degree in a related field such as physical education, drama, arts and crafts, art, dance, or music from an accredited college or university, and six months of supervised work experience in therapeutic recreation; (3) Has an associate degree in therapeutic recreation; (4) Has an associate degree in recreation and six months supervised work experience in a therapeutic recreation program; (5) Has an associate degree in a related field and one year of professionally supervised work experience in a therapeutic recreation program; or (6) Has completed an approved high school education or its equivalent, as is proved by a diploma or equivalency certificate; has one year of professionally supervised work experi ence in a therapeutic recreation program; and has earned two National Therapeutic Recrea tion Society approved continuing professional development units in therapeutic recreation topics.", in its entirety and inserting in lieu thereof the following: "43-41-6. (a) In order to be eligible to take the therapeutic recreation technician license examination prior to July 1, 1993, the applicant must present satisfactory evidence that the applicant: (1) Has a baccalaureate degree in recreation from an accredited college or university; (2) Has a baccalaureate degree in a related field, as defined by the board, from an ac credited college or university and six months of supervised work experience in therapeutic recreation; (3) Has an associate degree in therapeutic recreation from an accredited college or university; (4) Has an associate degree in recreation from an accredited college or university and six months of supervised work experience in therapeutic recreation; (5) Has an associate degree in a related field, as defined by the board, from an accred ited college or university and one year of professionally supervised work experience in thera peutic recreation; or (6) Has a high school diploma or equivalency certificate, one year of supervised work experience in therapeutic recreation, and two continuing professional development units in approved therapeutic recreation topics. (b) In order to be eligible to take the therapeutic recreation technician license examina tion after July 1, 1993, the applicant must present satisfactory evidence that the applicant: (1) Has a baccalaureate degree in recreation from an accredited college or university; (2) Has a baccalaureate degree in a related field, as defined by the board, from an ac credited college or university and either six months of supervised work experience in thera peutic recreation or five quarter hours or three semester hours in approved therapeutic rec reation topics; (3) Has an associate degree in therapeutic recreation from an accredited college or university; (4) Has an associate degree in recreation from an accredited college or university and either six months of supervised work experience in therapeutic recreation or five quarter hours or three semester hours in approved therapeutic recreation topics; (5) Has an associate degree in a related field, as defined by the board, from an accred ited college or university and either one year of supervised work experience in therapeutic TUESDAY, FEBRUARY 5, 1991 319 recreation or ten quarter hours or six semester hours in approved therapeutic recreation topics; or (6) Has a high school diploma or equivalency certificate, one year of supervised work experience in therapeutic recreation, and five continuing professional development units in approved therapeutic recreation topics." Section 5. Said chapter is further amended by striking Code Section 43-41-7, relating to prerequisites to admission to examination for license as a therapeutic recreation technician specialist, which reads as follows: "43-41-7. In order to be eligible to take the license examination for a therapeutic recrea tion specialist, the applicant must present, in addition to the requirements of Code Section 43-41-12, satisfactory evidence that the applicant: (1) Has a baccalaureate degree from an accredited college or university with a major in therapeutic recreation and an option or emphasis in therapeutic recreation; (2) Has a baccalaureate degree from an accredited college or university with a major in recreation and has one year of professionally supervised work experience in a therapeutic recreation program and five continuing professional development units in therapeutic recre ation topics approved by the National Therapeutic Recreation Society; or (3) Has a baccalaureate degree from an accredited college or university with a major in a field related to therapeutic recreation and has two years' professionally supervised work experience in the therapeutic recreation field and ten continuing professional development units in therapeutic recreation topics approved by the National Therapeutic Recreation Association.", in its entirety and inserting in lieu thereof the following: "43-41-7. (a) In order to be eligible to take the therapeutic recreation specialist license examination prior to July 1, 1993, the applicant must present satisfactory evidence that the applicant: (1) Has a baccalaureate degree from an accredited college or university with a major in therapeutic recreation or a major in recreation with an option or emphasis in therapeutic recreation, as defined by the board; (2) Has a baccalaureate degree from an accredited college or university with a major in recreation, one year of professionally supervised work experience in therapeutic recreation, and five continuing professional development units in approved therapeutic recreation topics; (3) Has a baccalaureate degree from an accredited college or university with a major in a related field, as defined by the board, two years of professionally supervised work experi ence in therapeutic recreation, and ten continuing professional development units in ap proved therapeutic recreation topics; or (4) Has previously been licensed as a therapeutic recreation technician, pursuant to Code Section 43-41-6, and has ten years' experience as a therapeutic recreation technician as of July 1, 1991. (b) In order to be eligible to take the therapeutic recreation specialist license examina tion after July 1, 1993, the applicant must present satisfactory evidence that the applicant: (1) Has either a baccalaureate degree or a master's degree from an accredited college or university with a major in therapeutic recreation or a major in recreation with an option or emphasis in therapeutic recreation; or (2) Has a baccalaureate degree from an accredited college or university with a major in recreation and either one year of professionally supervised work experience in therapeutic recreation and five quarter hours or three semester hours in therapeutic recreation content courses or six months' professionally supervised work experience in therapeutic recreation and ten quarter hours or six semester hours in therapeutic recreation content courses. 320 JOURNAL OF THE SENATE (c) Any person who is enrolled in an accredited university or college, expects to gradu ate from said university or college within six months of the date of filing an application to take the examination, and otherwise satisfies the board's criteria for taking the examination shall be eligible to take the therapeutic recreation specialist license examination; provided, however, that the board shall not release the applicant's grade on the examination unless the applicant provides the board with satisfactory evidence of graduation within seven months of the date of filing the application for said examination with the board." Section 6. Said chapter is further amended by striking Code Section 43-41-8, relating to prerequisites to admission to examination for license as a master therapeutic recreation spe cialist, which reads as follows: "43-41-8. In order to be eligible to take the license examination for a master therapeutic recreation specialist, the applicant must present, in addition to the requirements of Code Section 43-41-12, satisfactory evidence that the applicant: (1) Has a master's degree from an accredited college or university with: (A) A major in therapeutic recreation or a major in recreation and an option or empha sis in therapeutic recreation and two years' professionally supervised work experience in a therapeutic recreation program; or (B) A major in recreation and three years' professionally supervised work experience in a therapeutic recreation program and 15 continuing professional development units in ther apeutic recreation topics approved by the National Therapeutic Recreation Association; or (2) Has a baccalaureate degree from an accredited college or university with a major in therapeutic recreation or a major in recreation and an option or emphasis in therapeutic recreation and seven years' professionally supervised work experience in a therapeutic recre ation program and 20 quarter hours or 12 semester credits in therapeutic recreation related topics.", in its entirety and inserting in lieu thereof the following: "43-41-8. (a) In order to be eligible to take the master therapeutic recreation specialist license examination prior to July 1, 1993, the applicant must present satisfactory evidence that the applicant: (1) Has a master's degree from an accredited college or university with: (A) A major in therapeutic recreation or a major in recreation with an option or empha sis in therapeutic recreation and two years of work experience in therapeutic recreation; or (B) A major in recreation and three years of work experience in therapeutic recreation and 15 continuing professional development units in approved therapeutic recreation topics; (2) Has a baccalaureate degree from an accredited college or university with a major in therapeutic recreation or a major in recreation with an option or emphasis in therapeutic recreation, seven years of work experience in therapeutic recreation, and 20 quarter hours or 12 semester credits in therapeutic recreation related topics; or (3) Has previously been licensed as a therapeutic recreation specialist, pursuant to Code Section 43-41-7, and has ten years' experience as a therapeutic recreation specialist as of July 1, 1991. (b) In order to be eligible to take the master therapeutic recreation specialist license examination after July 1, 1993, the applicant must present satisfactory evidence that the applicant: (1) Has both a master's degree and a baccalaureate degree in therapeutic recreation from an accredited college or university and two years' full-time experience in therapeutic recreation; (2) Has a master's degree in therapeutic recreation and a baccalaureate degree in recre- TUESDAY, FEBRUARY 5, 1991 321 ation, each degree from an accredited college or university, and three years' full-time experi ence in therapeutic recreation; (3) Has a master's degree in recreation and a baccalaureate degree in therapeutic recre ation, each degree from an accredited college or university, and four years' full-time experi ence in therapeutic recreation; (4) Has a master's degree in therapeutic recreation and a baccalaureate degree in a related field, as defined by the board, each degree from an accredited college or university, and five years' full-time experience in therapeutic recreation; (5) Has a master's degree in a related field, as defined by the board, and a baccalaureate degree in therapeutic recreation, each degree from an accredited college or university, and six years' full-time experience in therapeutic recreation; (6) Has a master's degree in therapeutic recreation and a baccalaureate degree in a nonrelated field, each degree from an accredited college or university, and seven years' fulltime experience in therapeutic recreation; or (7) Has a baccalaureate degree in therapeutic recreation from an accredited college or university, seven years' full-time experience in therapeutic recreation, and 20 quarter hours or 12 semester hours of graduate work in approved therapeutic recreation topics." Section 7. Said chapter is further amended by striking Code Section 43-41-9, relating to prerequisites to admission to examination for license as a recreation administrator, arid in serting in lieu thereof a new Code Section 43-41-9 to read as follows: "43-41-9. (a) In order to be eligible to take an examination for certification as a recrea tion administrator, the applicant must present satisfactory evidence that the applicant: (1) Has a baccalaureate degree in recreation from an accredited college or university and a minimum of 12 months' full-time recreation experience; (2) Has a baccalaureate degree from an accredited college or university in a related field, as defined by the board, and a minimum of 24 months' full-time recreation experience; (3) Has a baccalaureate degree from an accredited college or university and a minimum of 36 months' full-time recreation experience; or (4) Has ten or more years' full-time recreation or park specialty experience in an ad ministrative or management capacity normally requiring possession of a baccalaureate degree. (b) In meeting the qualifications required for paragraphs (2), (3), and (4) of subsection (a) of this Code section, an applicant may substitute 30 quarter hours or 20 semester hours from an accredited college or university in recreation for 12 months' recreation experience." Section 8. Said chapter is further amended by striking Code Section 43-41-10, relating to prerequisites to admission to examination for license as a recreation supervisor, and in serting in lieu thereof a new Code Section 43-41-10 to read as follows: "43-41-10. (a) In order to be eligible to take an examination for certification as a recrea tion supervisor, the applicant must present satisfactory evidence that the applicant: (1) Has a baccalaureate degree in recreation from an accredited college or university; (2) Has a baccalaureate degree from an accredited college or university in a related field, as defined by the board, and a minimum of 12 months' full-time recreation experience; (3) Has a baccalaureate degree from an accredited college or university and a minimum of 24 months' full-time recreation experience; or (4) Has four years' full-time recreation or park specialty experience in a supervisory capacity normally requiring possession of a baccalaureate degree. (b) Any person who is enrolled in an accredited university or college, expects to gradu ate from said university or college within six months of the date of filing an application to 322 JOURNAL OF THE SENATE take the examination, and otherwise satisfies the board's criteria for taking the examination shall be eligible to take an examination for certification as a recreation supervisor; provided, however, that the board shall not release the applicant's grade on the examination unless the applicant provides the board with satisfactory evidence of graduation within seven months of the date of filing the application for said examination with the board." Section 9. Said chapter is further amended by striking Code Section 43-41-11, relating to prerequisites to admission to examination for certification and registration as a recreation leader, which reads as follows: "43-41-11. In order to be eligible to take an examination for certification and registra tion as a recreation leader, every applicant shall: (1) Hold a high school diploma and have a minimum total of 30 months' recreation experience; (2) Have completed two years of successful college study and have a minimum total of 12 months' recreation experience; or (3) Be the holder of an associate degree in recreation.", in its entirety and inserting in lieu thereof the following: "43-41-11. In order to be eligible to take an examination for certification as a recreation leader, the applicant must present satisfactory evidence that the applicant: (1) Has an associate degree in recreation; (2) Has 90 quarter hours or 60 semester hours from an accredited college or university and either 12 months' part-time recreation experience or six months' full-time recreation experience; or (3) Has a high school diploma or equivalency certification and either 24 months' parttime recreation experience or 12 months' full-time recreation experience." Section 10. Said chapter is further amended by striking Code Section 43-41-13, relating to examination procedure, and inserting in lieu thereof a new Code Section 43-41-13 to read as follows: "43-41-13. Examinations may be given by written, oral, and practical tests, accompa nied by interviews and other evaluation aids as shall be determined by the board; and at least two examinations shall be given in each calendar year if an application is made there for. Every applicant successfully passing an examination shall receive a certificate or license and be registered accordingly." Section 11. Said chapter is further amended by striking in its entirety Code Section 4341-14, relating to certification and registration of members of the armed forces, and in serting in lieu thereof the following: "43-41-14. Reserved." Section 12. Said chapter is further amended by striking in its entirety Code Section 4341-15, relating to discrimination, and inserting in lieu thereof the following: "43-41-15. Reserved." Section 13. Said chapter is further amended by striking Code Section 43-41-16, relating to grounds for rejection and revocation of a certificate or license, and inserting in lieu thereof a new Code Section 43-41-16 to read as follows: "43-41-16. The board may refuse to issue a certificate or license or revoke any certifi cate or license issued by it if the person applying for or holding such certificate or license has: (1) Been convicted of an offense involving moral turpitude or any felony; (2) Made any willful statement or impersonated any other person or permitted or aided TUESDAY, FEBRUARY 5, 1991 323 any other person to impersonate him or her in connection with any application for examina tion for licensure or for certification and registration; (3) Been found to be negligent or incompetent in performing the duties of any position held by the person; (4) Sold or fraudulently obtained or furnished any therapeutic recreation diploma, li cense, renewal, record, or any means of certification or licensure in therapeutic recreation, or aided or assisted therein; (5) Fraudulently represented himself or herself as a therapeutic recreation professional or technician under cover of any diploma, license, or record unlawfully or fraudulently ob tained, signed, or issued; or (6) Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious con duct or practice harmful to the public, which conduct materially affects the fitness of the licensee or certificate holder or applicant to practice the profession regulated by this chapter or which conduct is likely to jeopardize the interest of the public. This conduct need not have resulted in actual injury to any person nor have been directly related to the practice of recreation or therapeutic recreation, but shows that the individual in question has commit ted any act or omission which is indicative of bad moral character or untrustworthiness. Unprofessional conduct shall also include any departure from, or failure to conform to, the minimal reasonable standards of acceptable and prevailing practice in the field of recreation or therapeutic recreation, including, but not limited to, failing to comply with the ethical codes of the National Recreation and Park Association, the National Therapeutic Recrea tion Society, and the American Therapeutic Recreation Association." Section 14. Said chapter is further amended by striking Code Section 43-41-17, relating to the expiration date of certificates, and inserting in lieu thereof a new Code Section 43-4117 to read as follows: "43-41-17. (a) Except for temporary certificates and licenses issued under Code Section 43-41-18, all certificates and licenses issued under this chapter shall be valid for up to two years and shall be renewable biennially. (b) To be eligible for license renewal, the applicant must have completed the number of continuing professional development units as prescribed by the board." Section 15. Said chapter is further amended by striking Code Section 43-41-18, relating to temporary licenses and permits, and inserting in lieu thereof a new Code Section 43-41-18 to read as follows: "43-41-18. A temporary certificate or license to practice as a recreator or therapeutic recreator within this state may be granted in accordance with the provisions of the rules and regulations of the board." Section 16. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 17. All laws and parts of laws in conflict with this Act are repealed. 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 Alien Baldwin Bishop Bowen Broun 324 JOURNAL OF THE SENATE Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate Taylor Thompson Turner Tysinger Walker of 22nd Walker of 43rd White Not voting were Senators Hasty and Timmons. On the passage of the bill, the yeas were 54, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. SB 112. By Senators Ramsey of the 54th and Hasty of the 51st: A bill to amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to district attorneys generally, so as to provide that a district attorney who is performing ordered military duty shall be eligible for reelection to such office; to provide procedures for such officer to qualify for reelection for such office; to provide for an effective date. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate Taylor Thompson Turner Tysinger Walker of 22nd Walker of 43rd White Not voting were Senators Hasty and Timmons. TUESDAY, FEBRUARY 5, 1991 325 On the passage of the bill, the yeas were 54, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 113. By Senators Clay of the 37th, Newbill of the 56th, Ragan of the 32nd and others: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the alcohol concentration level that constitutes driving under the influence; to change the presumptions which rise from certain alcohol concentrations. The report of the committee, which was favorable to the passage of the bill, was agreed to. On 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 Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger White Voting in the negative were Senators Echols and Kidd. Those not voting were Senators: Alien Walker of 22nd Walker of 43rd On the passage of the bill, the yeas were 51, nays 2. The bill, having received the requisite constitutional majority, was passed. Senator Tysinger of the 41st introduced the doctor of the day, Dr. Mark Hutto, of At lanta, Georgia. The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage: SB 120. 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 326 JOURNAL OF THE SENATE holding a license; to provide for other matters relative thereto; to provide an ef fective 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 Alien Baldwin Bishop Bowen Broun Burton Clay Collins Deal Dean Echols Edge Egan Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Perdue Perry Phillips Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Walker of 22nd White Those not voting were Senators: Coleman Dawkins English Langford Newbill Olmstead Pollard Shumake Tysinger Walker of 43rd On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 128. By Senator Collins of the 17th: A bill to amend Article 1 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions concerning correctional institutions of the state and counties, so as to provide that notice shall be given to the officer in charge of a county jail or his designee concerning any inmate who is being trans ferred from a state or county correctional institution and who has been deter mined to have an infectious disease or to be HIV infected. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Alien Baldwin Bishop Broun Burton Clay Coleman Collins Deal Dean Echols Edge TUESDAY, FEBRUARY 5, 1991 327 Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Langford Marable Moye Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd White Those not voting were Senators: Albert Bowen Dawkins Kidd Newbill Olmstead Shumake Walker of 43rd On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Hill of the 4th introduced the Georgia Southern University football team and Head Coach Tim Stowers, who were commended by SR 110 and SR 109, adopted previ ously, and Coach Stowers briefly addressed the Senate. The following general bills and resolutions of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage: SB 130. 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 the first Thursday in February of each year as "Girls and Women in Sports Day" in Georgia. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Coleman Collins Dawkins Deal Dean Echols Edge English Foster Garner Gillis Hammill Harris Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Starr Steinberg Tate Thompson Timmons Turner Tysinger Walker of 22nd White 328 JOURNAL OF THE SENATE Those not voting were Senators: Clay Egan Hasty Henson Scott Shumake Taylor Walker of 43rd On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 143. By Senator Ramsey of the 54th: A bill to amend Code Section 31-9-2 of the Official Code of Georgia Annotated, relating to persons authorized to consent to surgical or medical treatment, so as to change which persons are authorized to consent to surgical or medical treatment. Senator Ramsey of the 54th moved that SB 143 be postponed until Thursday, February 7. On the motion, the yeas were 29, nays 0; the motion prevailed, and SB 143 was post poned until Thursday, February 7. SB 159. By Senators Olmstead of the 26th and Albert of the 23rd: A bill to amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to the Georgia Board of Dentistry and the licensed practice of dentistry, so as to change the penalty for the practice of dentistry without a license. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun BC,, ou.lretomnan Collins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Hill HTHTouogkgsi ns Johnson Kidd Langford Marable Moye Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey j^ DK,, o,bm. son *., Stemberg Tate Thompson Turner Tysinger Walker of 22nd White Those not voting were Senators: Clay Dawkins Henson Newbill Scott Shumake Taylor Timmons Walker of 43rd TUESDAY, FEBRUARY 5, 1991 329 On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed. SR 10. By Senator Thompson of the 33rd: A resolution proposing an amendment to the Constitution so as to provide that each state agency shall be abolished after four years unless continued by law; to provide for certain initial extensions of time; to provide for a review and public hearings by the General Assembly to determine whether a public need exists for the continuation of the agency; to provide for the submission of this amendment for ratification or rejection. Senator Thompson of the 33rd moved that SR 10 be postponed until Thursday, Febru ary 7. On the motion, the yeas were 37, nays 0; the motion prevailed, and SR 10 was post poned until Thursday, February 7. SR 98. By Senators Coleman of the 1st, Thompson of the 33rd, Hill of the 4th and others: A resolution urging the President and the Congress of the United States to make passage of a Surface Transportation Reauthorization Act a topmost priority dur ing the first session of the 102nd Congress. 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 Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Egan English Foster Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd White Those not voting were Senators: Edge Garner Newbill Steinberg Walker of 43rd On the adoption of the resolution, the yeas were 51, nays 0. 330 JOURNAL OF THE SENATE The resolution, having received the requisite constitutional majority, was adopted. HB 68. By Representatives Thomas of the 69th, Groover of the 99th and Pettit of the 19th: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated. 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 Alien Baldwin Bishop Bowen Broun Burton CC loa/lyeman CDoalwliknisns Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill H,HTouogkgsins JKoihdndson Langford Marable Moye Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Rav Robinson Scott 0SQh, umak, e *Stteamrrb, erg Tate Thompson Timmons Turner Tysinger Walker of 22nd White Those not voting were Senators: Newbill Taylor Walker of 43rd On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 195. By Representatives Holmes of the 28th, Greene of the 130th, 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. TUESDAY, FEBRUARY 5, 1991 331 On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd White Voting in the negative were Senators Edge and Egan. Those not voting were Senators: Newbill Shumake Walker of 43rd On the passage of the bill, the yeas were 51, nays 2. The bill, having received the requisite constitutional majority, was passed. HR 131. By Representatives Poston of the 2nd, Murphy of the 18th, Snow of the 1st and others: A resolution urging the Governor and the General Assembly of the State of Ten nessee to permit certain Georgia residents to attend the University of Tennessee at Chattanooga without payment of out-of-state fees. 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: Albert Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Olmstead Perdue 332 JOURNAL OF THE SENATE Perry Phillips Pollard Ragan of 10th Raganof32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate Taylor Thompson Timmons Turner . lysmger Walker of 22nd White Those not voting were Senators: Dawkins Newbill Walker of 43rd On the adoption of the resolution, the yeas were 53, nays 0. The resolution, having received the requisite constitutional majority, was adopted. The following general bill of the Senate, having been read the third time on February 1 and postponed until February 5, was put upon its passage: SB 81. By Senator Kidd of the 25th: A bill to amend Code Section 40-5-27 of the Official Code of Georgia Annotated, relating to examination of applicants for drivers' licenses, so as to prohibit the issuance of a driver's license to any person who does not meet certain vision stan dards; to provide an exception. Senator Kidd of the 25th offered the following substitute to SB 81: A BILL To be entitled an Act to amend Code Section 40-5-27 of the Official Code of Georgia Annotated, relating to examination of applicants for drivers' licenses, so as to prohibit the issuance of a driver's license to any person who does not meet certain vision standards; to provide an exception; to provide that a person who utilizes a bioptic telescope shall be con sidered eligible for a driver's license if the person is qualified for a driver's license under certain provisions of law and if certain other conditions are satisfied; 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. Code Section 40-5-27 of the Official Code of Georgia Annotated, relating to examination of applicants for drivers' licenses, is amended by adding at the end thereof a new subsection (c) to read as follows: "(c) (1) Except as provided in paragraph (2) of this subsection, no driver's license shall be issued to any person who does not have vision of 20/60 or better and a horizontal field of vision of at least 140 degrees. (2) A person who utilizes a bioptic telescope shall be considered eligible for a driver's license if the person is not otherwise disqualified from having for a driver's license under the provisions of this article, the person passes the driver's road test examination administered by the department, and if: (A) The visual acuity through the bioptic telescope correction allows a vision of 20/60 or better and the visual acuity through the carrier lens in which the telescope is mounted (traditional glasses portion of contacts worn under a carrier lens) allows vision of better than 20/200; (B) The bioptic device is prescribed by a licensed optometrist or ophthalmologist; (C) The user of a bioptic telescope is reevaluated biennially by an optometrist or TUESDAY, FEBRUARY 5, 1991 333 ophthalmologist and files with the department a certification by the optometrist or ophthal mologist that the user's visual acuity, visual field, and eye health remain stable; and (D) The user of a bioptic telescope biennially passes the driver's road test examination administered by the department." Section 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted. The President announced that, pursuant to Senate Rule 143, consideration of SB 81 would be suspended until the next meeting day of the Senate, Wednesday, February 6. The following general bill of the Senate, having been read the third time on February 1 and postponed until February 5, was put upon its passage: SB 51. By Senators Deal of the 49th, Baldwin of the 29th, Edge of the 28th and Johnson of the 47th: A bill to amend the Official Code of Georgia Annotated, so as to revise and su persede Title 24, relating to evidence; to provide for general provisions relating to the rules of evidence; to provide for a statement of purpose; to provide for con struction; to provide for definitions; to provide for applicability of the rules of evidence; to provide for rulings on evidence; to provide for preliminary questions. Senator Deal of the 49th offered the following amendment: Amend SB 51 by striking line 7 of page 24 and inserting in lieu thereof the following: "their minds with the duty to do so. However, in all cases involving deprivation as defined by Code Section 15-11-2 and in all criminal cases in which a child was a victim or a witness, the child shall be permitted to testify, and the child's credibility shall be deter mined by the trier of fact." On the adoption of the amendment, the yeas were 47, nays 0, and the amendment of fered by Senator Deal of the 49th was adopted. Senators Deal of the 49th, Baldwin of the 29th and Steinberg of the 42nd offered the following amendment: Amend SB 51 by striking lines 17 and 18 of page 1 and inserting in lieu thereof the following: "to provide for evidence in sexual offense cases; to provide for witnesses; to". By striking line 3 of page 21 through line 18 of page 23 and inserting in lieu thereof the following: "24-4-412. (a) In any prosecution for a sexual offense, evidence relating to the past sex ual behavior of the complaining witness shall not be admissible, either as direct evidence or on cross-examination of the complaining witness or other witnesses, except as provided in this Code section. For the purposes of this Code section, evidence of past sexual behavior includes, but is not limited to, evidence of the complaining witness's marital history, mode of dress, general reputation for promiscuity, nonchastity, or sexual mores contrary to the community standards. (b) In any prosecution for a sexual offense, evidence relating to the past sexual behavior of the complaining witness may be introduced if the court, following the procedure de scribed in subsection (c) of this Code section, finds: (1) That the past sexual behavior directly involved the participation of the accused and 334 JOURNAL OF THE SENATE finds that the evidence expected to be introduced supports an inference that the accused could have reasonably believed that the complaining witness consented to the conduct com plained of in the prosecution; or (2) That the evidence is so highly material that it will substantially support a conclu sion that the accused reasonably believed that the complaining witness consented to the conduct complained of and that justice mandates the admission of such evidence. (c) The procedure for introducing evidence as described in subsection (b) of this Code section shall be as follows: (1) Before the defense shall seek to introduce evidence which would be covered by sub section (b) of this Code section, the defense shall notify the court, outside the presence of the jury, of such intent and make a specific offer of proof. If the court determines that the offer of proof contains evidence described in subsection (b) of this Code section, the court shall conduct an in camera hearing to examine into the defendant's offer of proof; (2) At the conclusion of the hearing, if the court finds that any of the evidence intro duced at the hearing is admissible under subsection (b) of this Code section, the court shall by order state what evidence may be introduced by the defense at the trial of the case and in what manner the evidence may be introduced; and (3) The defense may then introduce evidence pursuant to the order of the court." On the adoption of the amendment offered by Senators Deal of the 49th, Baldwin of the 29th and Steinberg of the 42nd, 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: Alien Baldwin Bishop Bowen Broun Burton XCo,eyman CDoalwlmkisns Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill HHuogogkisng ^ , , Bn5son Kldd Langford Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson SSctaortrt ,,S.tei.nb, erg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd White Voting in the negative was Senator Shumake. Those not voting were Senators: Albert Olmstead Walker of 43rd On the adoption of the amendment, the yeas were 52, nays 1, and the amendment of fered by Senators Deal of the 49th, Baldwin of the 29th and Steinberg of the 42nd was adopted. TUESDAY, FEBRUARY 5, 1991 335 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: Alien Baldwin Bishop Bowen Broun Burton XC,?yman CDoalwlmkisns Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hooks JHouhgngsionns TTK^l-dJdJ f , Langford Marable Move Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott SShtaurmr ake Jatteinbuerg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd White Those not voting were Senators: Albert Hill Olmstead Walker of 43rd 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 Senate, favorably reported by the committee, was read the third time and put upon its passage: SB 94. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Code Section 12-8-102 of the Official Code of Georgia Annotated, relating to the Georgia Hazardous Waste Management Authority, so as to change the composition of such authority; to provide for the appointment of an execu tive director of such authority; to provide for related matters; to provide an effec tive date. The Senate Committee on Natural Resources offered the following substitute to SB 94: A BILL To be entitled an Act to amend Code Section 12-8-102 of the Official Code of Georgia Annotated, relating to the Georgia Hazardous Waste Management Authority, so as to change the composition of such authority; to provide for the appointment of an executive director of such authority; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 12-8-102 of the Official Code of Georgia Annotated, relating to 336 JOURNAL OF THE SENATE the Georgia Hazardous Waste Management Authority, is amended by striking in its entirety subsection (b), which reads as follows: "(b) The authority shall consist of: (1) The Governor; (2) The Lieutenant Governor; (3) An appointee of the Lieutenant Governor; (4) The Secretary of State: (5) An appointee of the Governor who is not the Attorney General; (6) The state auditor; (7) Two appointees of the Speaker of the House of Representatives neither of whom is the Attorney General; (8) The commissioner of transportation; (9) The Commissioner of Agriculture; (10) The commissioner of industry, trade, and tourism; (11) The commissioner of human resources; and (12) Three appointees from the faculty or staff of the University System of Georgia, one of whom shall have expertise in hydrogeology, one of whom shall have expertise in chemical process engineering, and one of whom shall have expertise in industrial hygiene and safety. Such appointees shall be selected by the chancellor of the University System of Georgia after consultation with the presidents of the Georgia Institute of Technology, the University of Georgia, the Medical College of Georgia, and such other university system personnel as the chancellor may deem necessary.", and inserting a new subsection (b) to read as follows: "(b) The authority shall consist of: (1) Two appointees of the Speaker of the House of Representatives, neither of whom is the Attorney General; (2) Two appointees of the Lieutenant Governor, neither of whom is the Attorney General; (3) Eight appointees of the Governor, none of whom is the Attorney General and each of whom is knowledgeable in the general area of environmental natural resources or any scientific endeavor which is related to the environment including, but not limited to, biol ogy, chemistry, biochemistry, physics, geology, or waste management; and (4) Three appointees from the faculty or staff of the University System of Georgia, one of whom shall have expertise in hydrology, one of whom shall have expertise in chemical process engineering, and one of whom shall have expertise in industrial hygiene and safety. Such appointments shall be selected by the chancellor of the University System of Georgia after consultation with the presidents of the Georgia Institute of Technology, the University of Georgia, the Medical College of Georgia, and such other university system personnel as the chancellor may deem necessary." Section 2. Said Code section is further amended by striking in its entirety subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows: "(c) The term of office of the appointees of the Speaker of the House of Representa tives, the appointees of the Lieutenant Governor, the appointees of the Governor, and the appointees of the chancellor of the University System of Georgia shall be three years. In the event that any appointed member should vacate the officer prior to the fulfillment of such member's term, the appropriate appointing official shall appoint someone to serve out that term." TUESDAY, FEBRUARY 5, 1991 337 Section 3. Said Code section is further amended by inserting at the end thereof a new subsection (g) to read as follows: "(g) The Governor shall appoint an executive director of the authority, subject to con firmation by the members of the authority. The executive director shall serve at the pleas ure of the Governor and shall be the chief administrative officer of the authority. The execu tive director of the authority shall not be paid a salary greater than the salary of the commissioner of national resources." Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 5. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd White Those not voting were Senators: Albert Henson Olmstead Steinberg Walker of 43rd 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 Garner of the 30th moved that the Senate do now adjourn until 9:15 o'clock A.M. tomorrow, and the motion prevailed. At 12:31 o'clock P.M., the President announced the Senate adjourned until 9:15 o'clock A.M. tomorrow. 338 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Wednesday, February 6, 1991 Fifteenth Legislative Day The Senate met pursuant to adjournment at 9:15 o'clock A.M. today and was called to order by the President. Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House and Senate: HB 464. 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, ap proved August 9, 1917, so as to change the compensation and salary of the chair man of the board of commissioners. HB 271. By Representative Pettit of the 19th: 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 134. By Representative Watson of the 114th: A bill to amend Article 2 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to security deposits with respect to landlords and tenants, so as to change the provisions relating to liability for rent of military personnel re ceiving change of duty orders. HB 179. By Representatives Parham of the 105th, Parrish of the 109th, Chafin of the 72nd, Atkins of the 21st and Twiggs of the 4th: A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to include as Schedule III controlled sub stances anabolic steroids and certain other substances which promote muscle growth. HB 220. By Representatives Thomas of the 69th and Groover of the 99th: A bill to amend Code Section 15-2-4 of the Official Code of Georgia Annotated, relating to place of sessions and terms of the Supreme Court, so as to change a motion for a rehearing to a motion for reconsideration. WEDNESDAY, FEBRUARY 6, 1991 339 HB 374. By Representatives Murphy of the 18th, Cummings of the 17th and Watts of the 41st: 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 the state, so as to change the terms for the superior courts of Tallapoosa Judicial Circuit. HB 476. By Representative Groover of the 99th: A bill to amend Code Section 36-12-5 of the Official Code of Georgia Annotated, relating to interment of deceased indigent persons, so as to allow the amount of expense incurred by the county governing authority for interment of deceased indigent persons to be determined at the discretion of the governing authority of each county without limitation linked to the population of the county. HB 70. By Representatives Thomas of the 69th and Groover of the 99th: 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 judgement is less than a certain dollar amount. HB 69. By Representatives Thomas of the 69th and Groover of the 99th: A bill to amend Article 1 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to certiorari and appeals to appellate courts in general, so as to change the bill of costs in every case carried to the Supreme Court or to the Court of Appeals to $100.00. HB 26. 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 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. HB 259. By Representatives Stephens of the 68th and Jones of the 71st: A bill to amend Code Section 9-3-29 of the Official Code of Georgia Annotated, relating to actions for breach of restrictive covenants, so as to expand applicabil ity of the statute of limitations on such actions to violations of building set-back lines. HB 347. By Representatives Stephens of the 68th, Smith of the 78th, Thomas of the 69th and Thurmond of the 67th: A bill to amend Code Section 33-3-28 of the Official Code of Georgia Annotated, relating to a request by a claimant for information as to the name of the insurer, the name of each insured, and the limits of coverage, so as to provide for imposi tion of sanctions for failure to comply with such requests. HB 475. By Representative Reaves of the 147th: A bill to amend Article 5 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Boll Weevil Eradication Act of 1985," so as to provide for an exemption in cases of financial hardship; to provide that the Com missioner shall be authorized to levy and collect his own executions. HB 346. By Representatives Cummings of the 17th and Baker of the 51st: A bill to amend Code Section 47-3-82 of the Official Code of Georgia Annotated, relating to reestablishing creditable service under the Teachers Retirement Sys tem of Georgia for membership service for which contributions have been with- 340 JOURNAL OF THE SENATE drawn, so as to restate and clarify certain provisions relating to the reestablishment of such creditable service. HB 484. By Representatives Cummings of the 17th, Buck of the 95th and Floyd of the 135th: A bill to amend Code Section 47-17-22 of the Official Code of Georgia Annotated, relating to the powers and duties of the Board of Commissoners of the Peace Officers' Annuity and Benefit Fund, so as to authorize such board to correct cer tain errors in records which result in an overpayment or an underpayment to a beneficiary. HB 281. By Representatives Watson of the 114th and Pettit of the 19th: 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. HB 210. By Representative Pettit of the 19th: A bill to amend Code Section 50-25-6 of the Official Code of Georgia Annotated, relating to sales of files of public information by the GeorgiaNet Authority, so as to provide that the authority shall be authorized to receive data in electronic format from the public for the purpose of transmitting such data to the various departments, agencies, and institutions of the state. HB 272. By Representative Pettit of the 19th: A bill to amend Chapter 11 of Title 25 of the Official Code of Georgia Annotated, known as the "Georgia Fire Sprinkler Act," so as to change the definition of the terms "fire protection sprinkler system" and "water-spray system"; to provide that the installation or repair of any underground facilities or piping which con nects to and furnishes water for the fire protection sprinkler system or waterspray system shall be peformed only by a utility contractor or fire protection sprinkler contractor. HB 67. By Representatives Thomas of the 69th, Groover of the 99th and Pettit of the 19th: 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. SB 35. By Senators Turner of the 8th, Thompson of the 33rd and Broun of the 46th: 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 change the definition of eligible persons and families; to change and clarify certain powers of the authority; to increase the single-family bonding cap; to pro vide an effective date. WEDNESDAY, FEBRUARY 6, 1991 341 The House has adopted by the requisite constitutional majority the following resolution of the House: HR 19. By Representatives Smith of the 156th, Green of the 106th, Dixon of the 128th, Oliver of the 121st, Purcell of the 129th and others: A resolution relating to wetlands. The following bills and resolution of the Senate were introduced, read the first time and referred to committees: SB 223. By Senator Kidd of the 25th: A bill to create a public body corporate and politic, and an instrumentality of the County of Jasper, to be known as the Jasper County Economic Development Au thority; to provide a short title; to define the terms used in the Act; to provide for the purposes and powers of the authority; to provide for the issuance of its revenue bonds; to provide for the authorized contents of the authority's agreements. Referred to Committee on Urban and County Affairs. SB 224. By Senator Dawkins of the 45th: A bill to amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, so as to authorize the judge of the probate court or chief magistrate of the magistrate court of any county, with the approval of the gov erning authority of any such county, to contract with certain entities to provide probation services or to establish a county probation system with respect to per sons sentenced for misdemeanors in the probate or magistrate courts in such county. Referred to Committee on Special Judiciary. SB 225. By Senator Shumake of the 39th: A bill to provide that the Fulton County governing authority provide rodent in spection and control services upon request without charge to residential units owned or occupied by persons who are 65 years of age or older or who are physi cally handicapped and who state that they are unable to afford such services; to provide that all citizens have equal access to rat poison and other rodent control substances and devices without regard to whether they rent or own their dwelling places; to provide for definitions. Referred to Committee on Urban and County Affairs. SB 226. By Senator Shumake of the 39th: A bill to amend an Act creating the Board of Commissioners of Fulton County, as amended, so as to limit the chairman of the board of commissioners to two consecutive four-year terms of office. Referred to Committee on Urban and County Affairs. SB 227. By Senator Shumake of the 39th: A bill to amend Code Section 17-12-71 of the Official Code of Georgia Annotated, relating to the appointment of a public defender in counties having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census, so as to provide for a bail bond issuance fee payable by professional bondsmen acting as sureties for criminal bonds; to provide how such fees shall be used. Referred to Committee on Judiciary. 342 JOURNAL OF THE SENATE SB 228. By Senator Pollard of the 24th: A bill to amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to specialized land transactions, so as to provide for the regulation of mobile homes and mobile home parks; to provide for a short title; to provide for applicability; to provide for definitions; to provide for legislative intent; to pro vide for preemption of the subject matter. Referred to Committee on Judiciary. SB 229. By Senators Pollard of the 24th, Deal of the 49th and Kidd of the 25th: 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 certain forms, documents, and other written matter relating to vital records shall not be open to public inspection and shall remain confidential. Referred to Committee on Judiciary. SB 230. By Senators Pollard of the 24th, Taylor of the 12th and Robinson of the 16th: A bill to amend Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to offenses involving theft, so as to enact the "Motor Vehicle Chop Shop and Stolen and Altered Property Act"; to provide for a short title; to provide for legislative intent; to provide for definitions; to provide for offenses and penalties. Referred to Committee on Special Judiciary. SB 231. By Senator Shumake of the 39th: A bill to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb, and creating a new charter for said city, as amended, so as to require the Board of Education of the City of Atlanta to hold a referendum of parents of students who attend Atlanta public schools for the purpose of approv ing student uniforms within the school system. Referred to Committee on Urban and County Affairs. SB 232. By Senator Shumake of the 39th: A bill to amend Code Section 17-6-4 of the Official Code of Georgia Annotated, relating to posting of cash bail bonds generally, so as to provide that a person charged with an offense defined in Chapter 13 of Title 16 shall provide evidence of a legal source for cash to be posted for a cash bail bond; to provide what evidence may be provided; to provide what court may hear such evidence. Referred to Committee on Judiciary. SB 233. By Senators Foster of the 50th, Tysinger of the 41st, Broun of the 46th and others: A bill to amend Code Section 20-2-201 of the Official Code of Georgia Annotated, relating to certain course requirements in teacher preparation programs, so as to provide for a limit on course work in the subject area of education. Referred to Committee on Education. SB 234. By Senator Walker of the 22nd: A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to provide for definitions; to provide for prior authorization and approval requirements for re imbursement for certain dangerous drugs and controlled substances; to provide for reports and an advisory committee and its recommendations; to provide for an effective date. Referred to Committee on Appropriations. WEDNESDAY, FEBRUARY 6, 1991 343 SB 235. By Senator Olmstead of the 26th: 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 provide for the actions by the department with respect to certain violations by any agency, facility, insti tution, or entity subject to regulation by the department under Chapters 7, 13, 22, and 23 of Title 31 of Chapter 5 of Title 49; to provide for exceptions. Referred to Committee on Health and Human Services. SB 236. By Senators Kidd of the 25th, Garner of the 30th and Bowen of the 13th: A bill to amend Article 10 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to dedication of property, so as to provide requirements for the construction of a funeral establishment on property which has previously been dedicated for use as a cemetery. Referred to Committee on Governmental Operations. SR 140. By Senator Echols of the 6th: A resolution authorizing the conveyance of certain state owned real property lo cated in Brantley County, Georgia, to the Brantley County Board of Education; to provide an effective date. Referred to Committee on Finance and Public Utilities. The following bills and resolution of the House were read the first time and referred to committees: HB 26. 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 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. Referred to Committee on Youth, Aging and Human Ecology. HB 67. By Representatives Thomas of the 69th, Groover of the 99th and Pettit of the 19th: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change the provisions relating to the rights of the State Elec tion Board to institute or to intervene in actions to compel compliance with the election or primary laws of this state or with valid rules or regulations of the board or to restrain or prevent or prohibit certain conduct. Referred to Committee on Governmental Operations. HB 69. By Representatives Thomas of the 69th and Groover of the 99th: A bill to amend Article 1 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to certiorari and appeals to appellate courts in general, so as to change the bill of costs in every case carried to the Supreme Court or to the Court of Appeals to $100.00. Referred to Committee on Judiciary. HB 70. By Representatives Thomas of the 69th and Groover of the 99th: 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 judgement is less than a certain dollar amount. Referred to Committee on Judiciary. 344 JOURNAL OF THE SENATE HB 134. By Representative Watson of the 114th: A bill to amend Article 2 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to security deposits with respect to landlords and tenants, so as to change the provisions relating to liability for rent of military personnel re ceiving change of duty orders. Referred to Committee on Special Judiciary. HB 179. By Representatives Parham of the 105th, Parrish of the 109th, Chafin of the 72nd and others: A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to include as Schedule III controlled sub stances anabolic steroids and certain other substances which promote muscle growth. Referred to Committee on Health and Human Services. HB 210. By Representative Pettit of the 19th: A bill to amend Code Section 50-25-6 of the Official Code of Georgia Annotated, relating to sales of files of public information by the GeorgiaNet Authority, so as to provide that the authority shall be authorized to receive data in electronic format from the public for the purpose of transmitting such data to the various departments, agencies, and institutions of the state. Referred to Committee on Finance and Public Utilities. HB 220. By Representatives Thomas of the 69th and Groover of the 99th: A bill to amend Code Section 15-2-4 of the Official Code of Georgia Annotated, relating to place of sessions and terms of the Supreme Court, so as to change a motion for a rehearing to a motion for reconsideration. Referred to Committee on Special Judiciary. HB 259. By Representatives Stephens of the 68th and Jones of the 71st: A bill to amend Code Section 9-3-29 of the Official Code of Georgia Annotated, relating to actions for breach of restrictive covenants, so as to expand applicabil ity of the statute of limitations on such actions to violations of building set-back lines. Referred to Committee on Special Judiciary. HB 271. By Representative Pettit of the 19th: A bill to amend Article 3 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to arson and explosives, so as to change the provisions relat ing to criminal possession of an incendiary; to provide for the offense of criminal possession of an explosive device. Referred to Committee on Special Judiciary. HB 272. By Representative Pettit of the 19th: A bill to amend Chapter 11 of Title 25 of the Official Code of Georgia Annotated, known as the "Georgia Fire Sprinkler Act," so as to change the definition of the terms "fire protection sprinkler system" and "water-spray system"; to provide that the installation or repair of any underground facilities or piping which con nects to and furnishes water for the fire protection sprinkler system or waterspray system shall be performed only by a utility contractor or fire protection sprinkler contractor. Referred to Committee on Youth, Aging and Human Ecology. WEDNESDAY, FEBRUARY 6, 1991 345 HB 281. By Representatives Watson of the 114th and Pettit of the 19th: 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. Referred to Committee on Governmental Operations. HB 346. By Representatives Cummings of the 17th and Baker of the 51st: A bill to amend Code Section 47-3-82 of the Official Code of Georgia Annotated, relating to reestablishing creditable service under the Teachers Retirement Sys tem of Georgia for membership service for which contributions have been with drawn, so as to restate and clarify certain provisions relating to the reestablishment of such creditable service. Referred to Committee on Retirement. HB 347. By Representatives Stephens of the 68th, Smith of the 78th, Thomas of the 69th and Thurmond of the 67th: A bill to amend Code Section 33-3-28 of the Official Code of Georgia Annotated, relating to a request by a claimant for information as to the name of the insurer, the name of each insured, and the limits of coverage, so as to provide for imposi tion of sanctions for failure to comply with such requests. Referred to Committee on Insurance and Labor. HB 374. By Representatives Murphy of the 18th, Cummings of the 17th and Watts of the 41st: 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 the state, so as to change the terms for the superior courts of Tallapoosa Judicial Circuit. Referred to Committee on Judiciary. HB 475. By Representative Reaves of the 147th: A bill to amend Article 5 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Boll Weevil Eradication Act of 1985," so as to provide for an exemption in cases of financial hardship; to provide that the Com missioner shall be authorized to levy and collect his own executions. Referred to Committee on Agriculture. HB 476. By Representative Groover of the 99th: A bill to amend Code Section 36-12-5 of the Official Code of Georgia Annotated, relating to interment of deceased indigent persons, so as to allow the amount of expense incurred by the county governing authority for interment of deceased indigent persons to be determined at the discretion of the governing authority of each county without limitation linked to the population of the county. Referred to Committee on Special Judiciary. HB 484. By Representatives Cummings of the 17th, Buck of the 95th and Floyd of the 135th: A bill to amend Code Section 47-17-22 of the Official Code of Georgia Annotated, relating to the powers and duties of the Board of Commissioners of the Peace Officers' Annuity and Benefit Fund, so as to authorize such board to correct cer tain errors in records which result in an overpayment or an underpayment to a beneficiary. Referred to Committee on Retirement. 346 JOURNAL OF THE SENATE HB 464. Be Representatives Bostick of the 138th and Carter of the 146th: A bill to amend an Act creating a board of commissioners of Tift County, ap proved August 9, 1917, so as to change the compensation and salary of the chair man of the board of commissioners. Referred to Committee on Urban and County Affairs. HR 19. By Representatives Smith of the 156th, Green of the 106th, Dixon of the 128th and others: A resolution relating to wetlands. Referred to Committee on Natural Resources. The following reports of standing committees were read by the Secretary: Mr. President: The Committee on Education has had under consideration the following bill of the Sen ate and has instructed me to report the same back to the Senate with the following recommendation: SB 180. Do pass. Respectfully submitted, Senator Foster of the 50th District, Chairman Mr. President: The Committee on Finance and Public Utilities has had under consideration the follow ing resolution of the House and has instructed me to report the same back to the Senate with the following recommendation: HR 7. Do pass. Respectfully submitted, Senator Starr of the 44th District, Chairman Mr. President: The Committee on Governmental Operations has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 181. Do pass. SB 183. Do pass. SB 188. Do pass. SB 189. Do pass. Respectfully submitted, Senator Kidd of the 25th District, Chairman Mr. President: The Committee on Health and Human Services has had under consideration the follow- WEDNESDAY, FEBRUARY 6, 1991 347 ing bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 170. Do pass. SB 192. Do pass. HB 2. Do pass. Respectfully submitted, Senator Olmstead of the 26th District, Chairman Mr. President: The Committee on Insurance and Labor, has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendation: SB 110. Do pass. Respectfully submitted, Senator Pollard of the 24th District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following bill of the Sen ate and has instructed me to report the same back to the Senate with the following recommendation: SB 133. Do pass. Respectfully submitted, Senator Baldwin of the 29th District, Chairman Mr. President: The Committee on Natural Resources has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 196. Do pass by substitute. Respectfully submitted, Senator Gillis of the 20th District, Chairman Mr. President: The Committee on Natural Resources has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 142. Do pass. SB 179. Do pass. Respectfully submitted, Senator Gillis of the 20th District, Chairman 348 JOURNAL OF THE SENATE Mr. President: The Committee on Public Safety has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 164. Do pass. SB 172. Do pass. SB 171. Do pass by substitute. HB 247. Do pass. Respectfully submitted, Mr. President: Senator Bowen of the 13th District, Chairman 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 377. Do pass. HB 388. Do pass. HB 386. Do pass. HB 397. Do pass by substitute. Respectfully submitted, Senator Harris of the 27th District, Chairman Mr. President: The Committee on Youth, Aging and Human Ecology has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 178. Do pass. SB 186. Do pass. Respectfully submitted, Senator Scott of the 36th District, Chairman The following bills and resolutions of the Senate and House were read the second time: SB 32. By Senators Newbill of the 56th, Foster of the 50th, Collins of the 17th and others: A bill to amend Code Section 20-2-154 of the Official Code of Georgia Annotated, relating to remedial education programs, so as to change the eligibility require ments for such programs. SB 71. By Senators Newbill of the 56th, Foster of the 50th, Collins of the 17th and others: A bill to amend Code Section 20-2-282 of the Official Code of Georgia Annotated, relating to comprehensive evaluations of schools and systems, so as to change the functions to be evaluated; to provide for the designation of schools and school systems which exceed expectations and exempt them from evaluation for certain functions. SB 100. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Chapter 9 of Title 10 of the Official Code of Georgia Annotated, the "Geo. L. Smith II Georgia World Congress Center Act," so as to add two members to the board of governors of the authority; to change provisions relating to the selection and term of service of members; to provide an effective date. SB 127. By Senator Dawkins of the 45th: 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 WEDNESDAY, FEBRUARY 6, 1991 349 provide for an additional judge of the Rockdale Judicial Circuit; to provide for the initial appointment and subsequent election of said judge and his successors; to provide for related matters; to provide an effective date. SB 153. By Senators Deal of the 49th and Garner of the 30th: A bill to amend Code Section 47-2-244 of the Official Code of Georgia Annotated, relating to retirement benefits available to appellate court judges; age, service, and contribution requirements; disability benefits; and survivors' benefits, so as to provide an exception to the provision that an appellate court judge who serves beyond a certain age shall forfeit certain benefits and contributions; to provide an effective date. SB 162. By Senators Garner of the 30th and Turner of the 8th: A bill to amend Code Section 7-1-840 of the Official Code of Georgia Annotated, relating to the institution of criminal prosecutions against financial institutions and the providing of information to financial institutions considering employ ment of a suspected person, so as to provide that if any board of directors, direc tor, or officer of any financial institution is required by certain bank supervisory agencies to provide certain information regarding the appearance or suspicion of criminal activity involving any director, officer, agent, employee, or customer of such financial institution, such board of directors, director, or officer shall not incur any civil liability for providing such information; to provide an exception. SB 163. By Senator Burton of the 5th: A bill to amend Code Section 43-17-5 of the Official Code of Georgia Annotated, relating to registration of charitable organizations, so as to change the provisions relating to the financial statements of a charitable organization which are re quired to be filed with the Secretary of State. SB 167. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Article 5 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the financing of projects for units that are a part of the university system and known as the "Georgia Education Authority (University) Act," so as to change certain definitions; to change the membership of the Geor gia Education Authority (University); to provide for related matters; to provide an effective date. SB 169. By Senator Egan of the 40th: A bill to amend Code Section 36-37-6.1 of the Official Code of Georgia Anno tated, relating to the sale, exchange, lease, or grant of an easement over certain property by certain municipalities, so as to provide that such municipalities are authorized to enter into certain contracts relating to such property; to provide an effective date. SB 175. By Senators Robinson of the 16th, Johnson of the 47th, Walker of the 43rd and others: A bill to amend Article 1 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding bonds, so as to change certain provisions relating to authorized investments for bond proceeds; to provide an effective date. SB 177. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, known as the "State-wide Probation Act," so as to provide that as a 350 JOURNAL OF THE SENATE condition of probation, certain probationers may be required to complete satis factorily a program of incarceration or confinement in a "special alternative in carceration--probation boot camp" unit of the Department of Corrections for a period of 90 days from the time of initial confinement in the unit. SR 90. By Senator Kidd of the 25th: A resolution authorizing the conveyance of certain state owned real property lo cated in Baldwin County, Georgia; to provide an effective date. SR 94. By Senator Echols of the 6th: A resolution authorizing the granting of a nonexclusive easement for construc tion, operation, and maintenance of a thoroughfare in, on, over, under, upon, across, or through property owned by the State of Georgia in Wayne County, Georgia; to provide an effective date. SR 96. By Senators Coleman of the 1st, Alien of the 2nd and Hammill of the 3rd: A resolution authorizing the conveyance of certain state owned real property lo cated in Chatham County, Georgia; to provide an effective date. SR 106. By Senator Kidd of the 25th: A resolution authorizing the conveyance of certain state owned real property lo cated in Baldwin County, Georgia, to Garvis Youngblood and the acceptance of certain real property owned by Garvis Youngblood located in Baldwin County, Georgia, in consideration therefor; to provide an effective date. HB 32. By Representatives Parham of the 105th, Barnett of the 10th, Harris of the 84th and Bostick of the 138th: A bill to amend Article 28 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Motor Vehicle Warranty Rights Act," so as to provide that all persons who paid or should have paid the fee provided for under said Act shall receive the protections provided for under said "Motor Vehicle Warranty Rights Act". HB 47. By Representative Pinkston of the 100th: A bill to amend Code Section 10-1-7 of the Official Code of Georgia Annotated, relating to the provision for payment of delinquency charges, attorneys' fees, court costs, and check dishonor fees under "The Retail Installment and Home Solicitation Sales Act," so as to change the minimum amount of check dishonor fee; to amend Code Section 13-6-15 of the Official Code of Georgia Annotated, relating to damages for writing bad checks, so as to change the amount of the service charge. HB 168. By Representatives Thomas of the 69th, Pettit of the 19th and Groover of the 99th: A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 47 of the O.C.G.A. HB 170. By Representative Murphy of the 18th: A bill to amend Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to fixing of sentences, suspension or probation of sentences, and changes in sentences, so as to provide that a sentencing court shall retain jurisdiction to shorten a period of probation. WEDNESDAY, FEBRUARY 6, 1991 351 HB 231. By Representatives Davis of the 29th and McKinney of the 35th: A bill to amend Part 2 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the powers of housing authorities to employ se curity personnel, to be known as housing authority police. HR 16. By Representative Lane of the 27th: A resolution proposing an amendment to the Constitution so as to require that when local Acts of the General Assembly repeal constitutional amendments ap plicable to particular political subdivisions, each such local Act shall be condi tioned for its effectiveness on approval by a majority of the qualified voters vot ing thereon in the particular political subdivision or subdivisions affected by the amendment. The following communication from Honorable Roy Alien, Senator of the 2nd District, was placed in the Journal at the Senator's request: The State Senate Atlanta, Georgia 30334 February 6, 1991 Mr. Hamilton McWhorton Secretary of the Senate Georgia State Capitol Room 353 Re: Senator Roy Alien/ Senate Bill 113 Dear Mr. Secretary: I write this letter to again bring to your attention the matter that I initially brought to the Lieutenant Governor, regarding Senate Bill 113. This bill which in essence lowered the percentages of a person driving under the influence of alcohol was voted on in the Judiciary Committee, on which I voted in the affirmative. On Tuesday February 5, while this matter was in debate I recall voting on the matter again, or rather I must have pushed the button a second time or did not notice that my light was green. After bringing this matter to the Lieutenant Governor's attention, he advised me to see you. As per your advise I am writing to you to facilitate your bringing this matter before the Administrative Affairs Committee. Thank you in advance for your prompt attention to this problem, I trust the Senate Journals will note my affirmative vote. Sincerely, /&/ Roy L. Alien State Senator The President called for the morning roll call, and the following Senators answered to their names: Albert Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable 352 JOURNAL OF THE SENATE Moye Newbill Olms tead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd White Not answering were Senators Garner and Walker of the 43rd. Senator Johnson of the 47th introduced the chaplain of the day, Reverend D. McArthur Brantley, of the First United Methodist Church of Elberton, Elberton, Georgia, who offered scripture reading and prayer. The following resolutions of the Senate were read and adopted: SR 133. By Senators Perry of the 7th, Foster of the 50th, Ray of the 19th and others: A resolution expressing appreciation to member nations of the multinational coa lition providing personnel, materiel, and funds for Operation Desert Storm. SR 134. By Senators Shumake of the 39th and Broun of the 46th: A resolution honoring Dr. Beverly Lindsay. SR 135. By Senators Collins of the 17th and Starr of the 44th: A resolution commending the J. W. Arnold Elementary School. SR 136. By Senators Collins of the 17th and Starr of the 44th: A resolution commending Riverdale High School. SR 137. By Senator Dean of the 31st: A resolution expressing support for the men and women of Paulding County serving in Operation Desert Storm. SR 138. By Senator Dean of the 31st: A resolution expressing support for the men and women of Polk County serving in Operation Desert Storm. SR 139. By Senator Edge of the 28th: A resolution endorsing South Fulton Tennis Center as the venue for the 1996 Olympic Tennis competition. SR 141. By Senator Ramsey of the 54th: A resolution commending Mr. Kenneth E. Adams. SR 142. By Senator Hooks of the 14th: A resolution congratulating the DeSoto Baptist Church on its centennial. Senator Bowen of the 13th moved that the following bill of the Senate be withdrawn WEDNESDAY, FEBRUARY 6, 1991 353 from the Senate Committee on Judiciary and committed to the Senate Committee on Public Safety: SB 203. By Senators Bowen of the 13th, Hill of the 4th, Ray of the 19th and others: A bill to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to establish professional criteria for the receipt and processing of complaints against law enforcement officers; to de fine certain terms; to provide procedures; to provide that certain information shall be provided to a law enforcement officer under investigation. On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 203 was with drawn from the Senate Committee on Judiciary and committed to the Senate Committee on Public Safety. The following local, uncontested bills of the House, favorably reported by the commit tee as listed on the Senate Local Consent Calendar, were put upon their passage: SENATE LOCAL CONSENT CALENDAR February 6, 1991 FIFTEENTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) HB 377 Coleman, 1st Alien, 2nd Hammill, 3rd Changes the time period during which time the chairman of the Board of Elections of Chatham County is appointed by the members of the board. HB 386 Clay, 37th Changes the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmembers of the City of Holly Springs. HB 388 Hasty, 51st Clay, 37th Provides that a vacancy shall immediately exist in the office of any member of the Board of Education of Cherokee County who moves his or her resi dence out of the district such member was elected to represent. *HB 397 Broun, 46th Johnson, 47th Provides that vacancies on the Board of Commissioners of Jackson County shall be filled as provided by general law. (SUBSTITUTE) The substitute to the following bill was put upon its adoption: *HB 397: The Senate Committee on Urban and County Affairs offered the following substitute to HB 397: A BILL To be entitled an Act to amend an Act to create a board of county commissioners for 354 JOURNAL OF THE SENATE the County of Jackson, approved December 18, 1901 (Ga. L. 1901, p. 257), as amended, particularly by an Act approved August 17, 1903 (Ga. L. 1903, p. 339), so as to provide that vacancies on the board of commissioners shall be filled as provided by general law; 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. An Act to create a board of county commissioners for the County of Jackson, approved December 18, 1901 (Ga. L. 1901, p. 257), as amended, particularly by an Act ap proved August 17, 1903 (Ga. L. 1903, p. 339), is amended by striking the last sentence of Section 1, which reads as follows: "Any vacancy occurring in said board shall be filled by the grand jury at either term of the superior court of said county, and said appointees shall serve until the succeeding regu lar election for county officers.", and inserting in lieu thereof the following: "When a vacancy occurs on the board and the unexpired term of office exceeds six months in duration, it shall be the duty of the judge of the probate court to call a special election to elect a successor and fill the vacancy in not less than 30 nor more than 60 days. If the unexpired term to be filled is less than six months in duration, the grand jury at either term of the superior court shall have the power to appoint a successor to fill the unexpired term." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 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 Alien Baldwin Bishop Broun Burton Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Hill Hooks Muggins Johnson Kidd Langford Marable Move Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White WEDNESDAY, FEBRUARY 6, 1991 355 Those not voting were Senators: Bowen Clay Coleman Henson Newbill 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 397, having received the requisite constitutional majority, were passed. HB 397, having received the requisite constitutional majority, was passed by substitute. SENATE CALENDAR Wednesday, February 6, 1991 FIFTEENTH LEGISLATIVE DAY SB 81 Driver's License--vision standards (Substitute) (Pub S--25th) (Pursuant to Senate Rule 143, final passage of the bill was suspended on Febru ary 5, 1991.) SB 59 Written Scientific Reports from Georgia Bureau of Investigation--admissible evi dence (Substitute) (S Judy--17th) SB 73 Controlled Substances Act--property subject to seizure (Substitute) (S Judy--45th) SB 74 Commissioner of Public Safety--provide (Substitute) (S Judy--45th) SB 89 Race Cars--equip with mufflers (Substitute) (S Judy--28th) The following general bill of the Senate, having been read the third time on February 1 and postponed until February 5, and final action suspended on February 5 until today, pur suant to Senate Rule 143, was continued upon its passage: SB 81. By Senator Kidd of the 25th: A bill to amend Code Section 40-5-27 of the Official Code of Georgia Annotated, relating to examination of applicants for drivers' licenses, so as to prohibit the issuance of a driver's license to any person who does not meet certain vision stan dards; to provide an exception. The substitute to SB 81 offered by Senator Kidd of the 25th on February 5, as it ap pears in the Journal of February 5, was automatically reconsidered and put upon its adoption. On the adoption of the substitute, the yeas were 40, nays 2, 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 Alien Baldwin Bishop Broun Burton Clay Coleman Collins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty 356 JOURNAL OF THE SENATE Henson Hooks Huggins JhTM" TLangf,ord, Marable Moye Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd R_, amsey **? Robinson Scott Shumake Starr Steinberg Tate Taylor Thompson T,,,immons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Bowen Hill Dawkins Newbill 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 general bills of the Senate, favorably reported by the committee, were read the third time and put upon their passage: SB 59. By Senators Collins of the 17th, Starr of the 44th, Edge of the 28th and Newbill of the 56th: A bill to amend Code Section 17-7-211 of the Official Code of Georgia Annotated, relating to the right of defendant to copies of written scientific reports which will be introduced in evidence, so as to provide that certain written scientific reports from the Georgia Bureau of Investigation shall be admissible as evidence of the truth of the test results, notwithstanding any objections on the grounds of hear say, authenticity, or foundation. The Senate Committee on Special Judiciary offered the following substitute to SB 59: A BILL To be entitled an Act to amend Code Section 17-7-211 of the Official Code of Georgia Annotated, relating to the right of defendant to copies of written scientific reports which will be introduced in evidence, so as to provide that certain written scientific reports from the Georgia Bureau of Investigation shall be admissible as evidence of the truth of the test results, without the necessity of the appearance and testimony of the employee who per formed the test; to provide for objection by the defendant; to provide procedures; to provide an exception with respect to any case in which the prosecution has announced its intention to seek the penalty of death; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 17-7-211 of the Official Code of Georgia Annotated, relating to the right of defendant to copies of written scientific reports which will be introduced in evidence, is amended by adding at the end thereof a new subsection (d) to read as follows: "(d) (1) Whenever the prosecution furnishes to the defendant not less than ten days prior to trial a written scientific report of a drug identification made by an employee of the Division of Forensic Sciences of the Georgia Bureau of Investigation and written notice of its intention to tender the report in evidence and whenever said report is properly authenti cated pursuant to Title 24, the written scientific report shall then be admissible at trial as evidence of the truth of the test results reported therein, and without the necessity of the appearance and testimony of the employee who performed the test. WEDNESDAY, FEBRUARY 6, 1991 357 (2) The provisions of paragraph (1) of this subsection shall not apply if the defendant files a written objection to the prosecution's notice not less than five days prior to trial. (3) The provisions of this subsection shall not apply in any case in which the prosecu tion has announced its intention to seek the penalty of death." Section 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan English Foster Garner Gillis Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate Taylor Thompson Timmons Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Deal Hammill Newbill Turner On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. SB 73. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, the "Georgia Controlled Substances Act," so as to change provisions relating to contraband, seizure, and forfeitures under said article; to provide what property shall be subject to seizure and forfeiture; to provide procedures for seizure and forfeiture; to provide for the distribution of proceeds of forfeitures. The Senate Committee on Special Judiciary offered the following substitute to SB 73: A BILL To be entitled an Act to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, the "Georgia Controlled Substances Act," so as to change provisions 358 JOURNAL OF THE SENATE relating to contraband, seizure, and forfeitures under said article; to provide what property shall be subject to seizure and forfeiture; to provide procedures for seizure and forfeiture; to provide for the distribution of proceeds of forfeitures; to make conforming amendments to various provisions of Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses; to provide for related matters; to provide for an effective date and applicabil ity; 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, the "Georgia Controlled Substances Act," is amended by striking Code Section 16-13-49, relating to contraband, seizure, and forfeiture, and inserting in its place a new Code Section to read as follows: "16-13-49. (a) As used in this Code section, the term: (1) 'Costs' means, but is not limited to: (A) All expenses associated with the seizure, towing, storage, maintenance, custody, preservation, operation, or sale of the property; and (B) Satisfaction of any security interest or lien not subject to forfeiture under this Code section. (2) 'Court costs' means, but is not limited to: (A) All court costs, including the costs of advertisement, transcripts, and court reporter fees; and (B) Payment of receivers, conservators, appraisers, accountants, or trustees appointed by the court pursuant to this Code section. (3) '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. (b) The following are subject to forfeiture: (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 or used, or intended for use, to transport, hold, conceal, or in any manner to facilitate a violation of this article involving items described in paragraph (1) or (2) of this subsection, but: (A) No conveyance used by any person as a common carrier in the transaction of busi ness as a common carrier is subject to forfeiture under this Code section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this article; (B) No conveyance is subject to forfeiture under this Code section by reason of any act or omission established by the owner thereof to have been committed or omitted without his knowledge or consent; (C) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if he neither had knowledge of nor consented to the act or omission; (D) No conveyance is subject to forfeiture under this Code section for violations which involve no controlled substances and four ounces or less of marijuana, unless said convey ance is used to facilitate a sale or purchase of marijuana; WEDNESDAY, FEBRUARY 6, 1991 359 (4) 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; and (5) All property furnished or intended to be furnished by any person in exchange for a controlled substance or marijuana in violation of this article, all property traceable to such an exchange, all property used to facilitate any violation of this article and all property that is found in close proximity to any controlled substance or marijuana. (c) A rented or leased vehicle shall not be subject to forfeiture unless it is established in forfeiture proceedings that the owner of the rented or leased vehicle is legally accountable for the conduct which would otherwise subject the vehicle to forfeiture, consented to the conduct, or knew or reasonably should have known of the conduct or that is was likely to occur. Upon learning of the address or phone number of the company which owns any rented or leased vehicle which is present at the scene of an arrest or other action taken pursuant to this Code section, the duly authorized authorities shall immediately contact the company to inform it that the vehicle is available for the company to take possession. (d) 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. (e) (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 of the county wherein the seizure was made or in custody of the superior court of the county 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) Remove the property to a place designated by the judge of the superior court as set out above; or (B) Deliver such property to the sheriff or police chief of the county in which the seizure occurred, and the sheriff or police chief shall take custody of the property and re move it to an appropriate location for disposition in accordance with law. (2) (A) Notwithstanding the provisions of paragraph (1) of this subsection, the district attorney shall be authorized to deposit seized currency in an interest-bearing account in a financial institution in this state. Any accrued interest on currency deposited shall follow the principal in any judgment with respect thereto. (B) Photographs, photocopies, or video tapes of any currency seized and deposited pur suant to subparagraph (A) of this paragraph, duly identified in writing by the law enforce ment officer originally taking custody of the currency as accurately representing such cur rency, shall be admissible at trial in lieu of the original currency. (f) When property is seized under this article, the sheriff, drug agent, or law enforce- 360 JOURNAL OF THE SENATE ment officer seizing the same shall report the fact of seizure, within 20 days thereof, to the district attorney of the judicial circuit having jurisdiction in the county where the seizure was made. Within 60 days from the date 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 prop erty 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. The owner, lessee, or any person having a duly recorded security interest or lien shall be notified by any means of service provided for in Title 9 or by delivery of a copy of the complaint and summons by certified mail to said owner or lienholder or a person of suitable age or discretion having charge of said owner's premises. For purposes of this subsection, where forfeiture of a con veyance titled or registered in this state is sought, notice to the titleholder shall be deemed adequate if a copy of the complaint and summons is mailed by certified mail to the titleholder at the address set out in the title and an additional copy is mailed by certified mail to the firm, person, or corporation which holds the current registration for said conveyance, who shall be deemed agent for service for said titleholder, and said complaint is advertised once a week for two weeks as set out in this subsection. If the owner, lessee, or person having a duly recorded security interest or lien 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 notice, notice of proceedings shall be published once a week for two weeks in the newspaper in which the sheriffs advertisements are published. Such publication shall be deemed notice to any and all perons having an interest in or right affected by such proceed ing 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 re quired 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 notice. 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 prop erty 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 property was to be used for an unlawful purpose subjecting it to forfeiture under this chapter, the court shall order the disposition of the seized property as provided in this Code section and that claimant shall have no claim upon the property 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 counties or jurisdictions which may have claims pursuant to this article. (g) Any contested issues that are tried under this Code section shall be tried by the court without a jury. (h) Any action brought pursuant to this Code section may be compromised or settled in the same manner as other civil actions. (i) All costs of any action brought under this Code section shall be paid from the prop erty that is the subject of the action. (j) The court shall, on motion of either party, stay civil forfeiture proceedings until criminal proceedings are completed at the trial level. (k) (1) Whenever property is forfeited under this article, any property which is required by law to be destroyed or which is harmful to the public shall, when no longer needed for WEDNESDAY, FEBRUARY 6, 1991 361 evidentiary purposes, 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 de struction or for any medical or scientific use not prohibited under the laws of the United States or this state. (2) When property, other than money, is forfeited 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 property is to be sold pursuant to 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, but not limited to, in the case of real property, listing such property with a licensed real estate broker, selected by the district attorney through competitive bids. (4) All money and property forfeited in the same forfeiture proceeding shall 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) All costs, including court costs, shall be paid and the remaining pool shall be dis tributed pro rata to the state and to local governments, according 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 exceed 25 percent of the amount distributed; and provided further that the court may award to the office of the district attorney who brought the action for forfeiture money or property from the pool, the value of which award shall not exceed 10 percent of the fair market value of the property which is forfeited; (C) An order of distribution provided for in this subsection shall be submitted by the district attorney to the court for approval; and (D) (i) Property and money distributed to a local government shall be passed through to the local law enforcement agency until the sum equals 33 !/3 percent of the amount of local funds appropriated or otherwise made available to such agency for the fiscal year in which such funds are distributed. Proceeds received may be used for any official law en forcement purpose except for the payment of salaries or rewards to law enforcement person nel, at the discretion of the chief officer of the local law enforcement agency, or may be used to fund victim-witness assistance programs. Such property shall not be used to supplant any other local, state, or federal funds appropriated for staff or operations. (ii) The local governing authority shall expend any remaining proceeds for any law en forcement purpose; for drug treatment, rehabilitation, prevention, or education or any other program which responds to problems created by drug or substance abuse; for use as match ing funds for grant programs related to drug treatment or prevention; to fund victim-wit ness assistance programs; or for any combination of the foregoing. (iii) Any local law enforcement agency receiving property under this subsection shall submit 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. (iv) 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 Asssembly that the same be used, subject to appropriation from the general fund in the manner provided by 362 JOURNAL OF THE SENATE law, for funding of the Crime Victims Emergency Fund; for law enforcement and prosecu tion agency programs and particularly for funding of advanced drug investigation and prose cution training for law enforcement officers and prosecuting attorneys; for drug treatment, rehabilitation, prevention, or education or any other program which responds to problems created by drug or substance abuse; for use as matching funds for grant programs related to drug treatment or prevention; or for financing the judicial system of the state. (v) Property distributed in kind to the state pursuant to the subsection may be desig nated by the Attorney General, with the approval of the court, for use by such agency or officer of the state as may be appropriate or, otherwise, shall be turned over to the Depart ment of Administrative Services for such use or disposition as may be determined by the commissioner of the Department of Administrative Services. (1) 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. (m) Species of plants from which controlled substances or marijuana may derive, which have been planted or cultivated in violation of this article, or of which the owners or cultiva tors are unknown, or which are wild growths, may be seized and summarily forfeited to the state. (n) Upon demand by the director of the Georgia Drugs and Narcotics Agency, duly authorized agents, drug agents, or law enforcement officers as set forth in subsection (d) 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 registration, or proof that he is the holder thereof, constitutes authority for the seizure and forfeiture of the plants. (o) Upon an ex parte application of the district attorney of the county in which prop erty 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, exclusive of law enforcement personnel, 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." Section 2. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by striking paragraph (4) of subsection (e) of Code Section 16-12-100, relating to criminal sexual exploitation of children, and inserting in its place a new para graph (4) to read as follows: "(4) The provisions of subsection (k) of Code Section 16-13-49 shall apply for the dispo sition of any property forfeited under this subsection. In any disposition of property under this subsection, a convicted person shall not be permitted to acquire property forfeited by such person." Section 3. Said Title 16 is further amended by striking subsection (f) of Code Section 16-13-30.1, relating to unlawful manufacture of noncontrolled substances, and inserting in its place a new subsection (f) to read as follows: "(f) All property which would be subject to forfeiture under the provisions of subsection (b) of Code Section 16-13-49 for a violation of this article which is used, or intended for use, to facilitate, or is derived from, a violation of this Code section and any noncontrolled sub stance which is manufactured, distributed, dispensed, possessed with the intent to dis tribute, or sold in violation of this Code section are declared to be contraband and there shall be no property interest therein. Any property or noncontrolled substance which is sub ject to the provisions of this subsection shall be forfeited in accordance with the procedures of Code Section 16-13-49." Section 4. This Act shall become effective July 1, 1991, and shall apply with respect to WEDNESDAY, FEBRUARY 6, 1991 363 forfeiture proceedings instituted on or after that date. Prior proceedings shall continue to be controlled by prior law. Section 5. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Broun Burton Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Shumake Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 43rd White Those not voting were Senators: Bowen Clay Hammill Scott Walker of 22nd On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. SB 74. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend numerous provisions of the Official Code of Georgia Annotated so as to create a new Department of Public Safety and to change the administra tion and provision of law enforcement services at the state level; to amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to delete a provision relating to the Department of Public Safety. The Senate Committee on Special Judiciary offered the following substitute to SB 74: A BILL To be entitled an Act to amend numerous provisions of the Official Code of Georgia Annotated so as to create a new Department of Public Safety and to change the administra tion and provision of law enforcement services at the state level; to amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to delete a provision relating to the Department of Public Safety; to provide an additional definition under the "Georgia Fire Academy Act"; to change certain provisions relating to the Board of 364 JOURNAL OF THE SENATE Public Safety under the "Georgia Fire Academy Act"; to provide for certain powers of the commissioner of public safety under the "Georgia Fire Academy Act"; to change the provi sions relating to the responsibilities of the superintendent of the Georgia Fire Academy; to provide that the Georgia Fire Academy shall be a division of the Department of Public Safety; to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforce ment officers and agencies, so as to provide for a new Department of Public Safety consist ing of the divisions of the Georgia State Patrol, Georgia Bureau of Investigation, Georgia Police Academy, Georgia Public Safety Training Center, and Georgia Fire Academy; to pro vide for unclassified positions in those divisions; to provide for a commissioner of public safety, his appointment, duties, and compensation; to change certain provisions relating to the powers of the Board of Public Safety; to provide additional powers for the Georgia State Patrol; to provide for the director of the Georgia State Patrol, his appointment, duties, and compensation; to change certain references relating to the Department of Public Safety and commissioner of public safety to the Uniform Division of the Georgia State Patrol or the Georgia State Patrol and the director of the Georgia State Patrol, respectively; to define certain terms; to provide for a deputy director of the Georgia State Patrol, his appointment, duties, and compensation; to change certain Code section references; to provide for the au thority and powers of the Administrative Division of the Georgia State Patrol; to change certain provisions relating to the Georgia Bureau of Investigation and the director of the Georgia Bureau of Investigation; to change certain provisions relating to the Georgia Police Academy and the superintendent of such academy; to change certain provisions relating to the Georgia Public Safety Training Center and the administrator thereof; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to delete a certain provision relating to the Department of Public Safety; to change certain definitions pertaining to laws relating to drivers' licenses; to change certain definitions under the "Georgia Motor Vehicle Emission Inspection and Maintenance Act"; to change certain definitions under the "Motor Vehicle Safety Responsibility Act"; to transfer certain duties and functions of the commissioner and deputy commissioner of public safety and Department of Public Safety to the director and deputy director of the Georgia State Patrol and Georgia State Patrol, respectively; to amend Title 43 of the Official Code of Georgia Annotated, so as to change certain provisions under "The Driver Training School License Act"; to change certain provisions relating to firearms dealers; 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 define a certain term; to change certain references to the Uniform Divi sion of the Department of Public Safety; to change certain provisions relating to retirement benefits and mandatory retirement age for officers, noncommissioned officers, and troopers of the Uniform Division of the Department of Public Safety and officers and agents of the Georgia Bureau of Investigation; to amend the Official Code of Georgia Annotated so as to change certain references to the Uniform Division of the Department of Public Safety; to change certain references to the Department of Public Safety or commissioner of public safety to the Georgia State Patrol or director of the Georgia State Patrol, respectively; 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. Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is amended by striking in its entirety Code Section 25-2-34, relating to coopera tion with the Safety Fire Commissioner by the Department of Public Safety and the Geor gia State Patrol, and inserting in lieu thereof a new Code Section 25-2-34 to read as follows: "25-2-34. The Georgia State Patrol and the Georgia Bureau of Investigation shall coop erate with the Commissioner and his deputies and inspectors whenever called upon by him or them in enforcing this chapter. They shall make available to the Commissioner or his deputies and inspectors such facilities as lie detectors, broadcasting facilities, and other aid and devices as requested." Section 2. Said Title 25 is further amended by striking in its entirety Code Section 25- WEDNESDAY, FEBRUARY 6, 1991 365 7-3, relating to the definition of the term "board," and inserting in lieu thereof a new Code Section 25-7-3 to read as follows: "25-7-3. As used in this chapter, the term: (1) 'Board' means the Board of Public Safety. (2) 'Commissioner' means the commissioner of public safety." Section 3. Said Title 25 is further amended by striking in its entirety subsection (a) of Code Section 25-7-4, relating to the powers and duties of the Board of Public Safety with respect to the Georgia Fire Academy, and inserting in lieu thereof a new subsection (a) to read as follows: "(a) The Board of Public Safety is authorized and empowered to establish, operate, and maintain the Georgia Fire Academy for the purposes enumerated in Code Section 25-7-2. The board is authorized and empowered to do all things and to take whatever action is necessary to accomplish these purposes, including, but not limited to, the establishment and conduct of training programs and the promulgation of rules and regulations relative thereto. The commissioner shall appoint and remove the superintendent of the academy subject to the approval of the board and shall fix the compensation for the superintendent subject to approval of the board. The position of superintendent shall be in the unclassified service of the State Merit System of Personnel Administration." Section 4. Said Title 25 is further amended by striking in its entirety Code Section 257-5, relating to the responsibilities of the superintendent of the Georgia Fire Academy, and inserting in lieu thereof a new Code Section 25-7-5 to read as follows: "25-7-5. The superintendent of the Georgia Fire Academy shall be responsible for the selection of a staff. He shall also be responsible for the execution of all policies, programs, directives, and decisions promulgated by the Board of Public Safety and for the direction of the staff and the daily operation of the academy. The superintendent shall be responsible to the commissioner for the operation, management, and control of the academy and shall re port directly to the commissioner." Section 5. Said Title 25 is further amended by striking in its entirety subsection (a) of Code Section 25-7-6, relating to the assignment of the Georgia Fire Academy to the Depart ment of Public Safety for administrative purposes, and inserting in lieu thereof a new sub section (a) to read as follows: "(a) The Georgia Fire Academy shall be a division of the Department of Public Safety." Section 6. Title 35 of the Official Code of Georgia Annotated, relating to law enforce ment officers and agencies, is amended by striking in its entirety Code Section 35-1-2, relat ing to passenger motor vehicle for warden of Georgia State Prison, and inserting in lieu thereof a new Code Section 35-1-2 to read as follows: "35-1-2. The warden of the Georgia State Prison at Reidsville, Georgia, shall be fur nished by the Georgia State Patrol a passenger motor vehicle to be used by him on official business only and such use shall not fall within the restrictions relating to the purchase, use, and furnishing of automobiles as provided in Article 1 of Chapter 19 of Title 50." Section 7. Said Title 35 is further amended by striking in its entirety subsection (a) of Code Section 35-1-4, relating to requirements for reporting stolen motor vehicles and license plates, and inserting in lieu thereof a new subsection (a) to read as follows: "(a) It shall be the duty of every law enforcement officer who receives a report based on reliable information that any motor vehicle has been stolen or that the license plate for such vehicle has been stolen or lost to report the theft or loss to the Georgia State Patrol immedi ately after receiving such information, unless prior thereto information has been received of the recovery of the vehicle or plates. It shall be the duty of any person who reports the theft of a motor vehicle to provide the law enforcement agency to which the report of theft was made and the Georgia State Patrol with a means of contacting the owner of the stolen motor vehicle or the successor in interest to such owner in the event of the recovery of the 366 JOURNAL OF THE SENATE motor vehicle. The report shall be made by reporting the loss or theft to the nearest post of the Uniform Division. Any law enforcement officer, upon receiving information of the recov ery of any motor vehicle or license plate which has previously been reported as stolen or lost, shall immediately report the recovery of the motor vehicle or plate directly to the Geor gia State Patrol. It shall be the duty of the Georgia State Patrol or the recovering law en forcement agency to notify the owner or the successor in interest to the owner within 72 hours when a previously reported stolen motor vehicle has been recovered, and the owner or successor in interest shall not be charged or otherwise incur any storage fee on the recovered stolen motor vehicle until the expiration of at least 24 hours immediately following such notification to the owner or the successor in interest. This requirement shall be included in the rules and regulations of the board promulgated pursuant to subsection (b) of this Code section. If, after a reasonable attempt, the Georgia State Patrol or the recovering law en forcement agency is unable to contact the owner or the successor in interest to the owner, a record of such fact shall be made and filed with the incident reports and posted in the record required to be maintained by Code Section 17-5-50." Section 8. Said Title 35 is further amended by striking in its entirety subsection (a) of Code Section 35-1-5, relating to unauthorized use of wavelength of radio system adopted by the Department of Public Safety or Georgia Bureau of Investigation, and inserting in lieu thereof a new subsection (a) to read as follows: "(a) It shall be a misdemeanor for any person, firm, or corporation to use the same wavelength of the radio system adopted by the Georgia State Patrol without the prior writ ten authorization of the director of the Georgia State Patrol or to do any act interfering with the proper receipt or transmission of information relating to the Georgia State Patrol or any division thereof." Section 9. Said Title 35 is further amended by striking in its entirety subsection (b) of Code Section 35-1-6, relating to appointment of nonuniformed investigators, and inserting in lieu thereof a new subsection (b) to read as follows: "(b) The director of the Georgia State Patrol is authorized to appoint two nonuni formed investigators who shall be certified peace officers pursuant to Chapter 8 of this title, the 'Georgia Peace Officers Standards and Training Act.' The director of the Georgia State Patrol shall determine the salaries of such investigators. The investigators shall be in the unclassified service of the State Merit System of Personnel Administration and therefore shall not be governed by any rules of position, classification, appointment, promotion, demo tion, transfer, dismissal, qualification, compensation, seniority privileges, tenure, or other such matters concerning their employment as may now or hereafter be established by the State Personnel Board, the State Merit System of Personnel Administration, or any succes sor boards or agencies." Section 10. Said Title 35 is further amended by striking in its entirety Chapter 2, relat ing to the Department of Public Safety, and inserting in lieu thereof a new Chapter 2 to read as follows: "CHAPTER 2 ARTICLE 1 35-2-1. As used in this chapter, the terms: (1) 'Commissioner' means the commissioner of public safety. (2) 'Director' means the director of the Georgia State Patrol. 35-2-2. (a) There is created a Board of Public Safety which shall establish the general policy to be followed by the Department of Public Safety. (b) The board shall consist of ten members: (1) The following three members serve as follows: (A) The Governor, ex officio, who shall be chairman of the board; WEDNESDAY, FEBRUARY 6, 1991 367 (B) An appointee of the Governor who shall not be the Attorney General; and (C) The official in charge of the Department of Corrections, ex officio. (2) Four members shall be selected as follows: (A) A representative appointed by the Governor by and with the advice and consent of the Senate from the membership of the Georgia Sheriffs Association; the first representative shall serve an initial term ending on January 20, 1975, each subsequent term being three years; (B) A representative appointed by the Governor by and with the advice and consent of the Senate from the membership of the Georgia Association of Chiefs of Police; the first representative shall serve an initial term ending on January 20, 1974, each subsequent term being three years; (C) A representative appointed by the Governor by and with the advice and consent of the Senate from the membership of the District Attorneys Association of Georgia; the first representative shall serve an initial term ending on January 20, 1973, each subsequent term being three years; and (D) A representative appointed by the Governor by and with the advice and consent of the Senate from the membership of the Georgia State Firemen's Association; the first repre sentative shall serve an initial term ending on January 20, 1984. Each subsequent term shall be for three years. (3) By majority vote the board shall appoint three members from the state at large; no person so appointed shall be an officer or employee of any state or local governmental entity at the time of his appointment to or during his membership on the board. All terms of the three at-large members shall be four years. Any vacancy in the at-large membership shall be filled by the board for the unexpired term. (c) Appointments made pursuant to paragraph (2) of subsection (b) of this Code section at times when the Senate is not in session shall be effective ad interim. 35-2-3. There is created a Department of Public Safety. The department shall consist of the following divisions: the Georgia State Patrol, the Georgia Bureau of Investigation, the Georgia Public Safety Training Center, the Georgia Police Academy, and the Georgia Fire Academy. 35-2-4. (a) There is created the position of commissioner of public safety. The commis sioner shall be the chief administrative and executve officer of the Department of Public Safety and shall be both appointed and removed by the board with the approval of the Governor. Except as otherwise provided by law and subject to the general policy of the board, the commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the department by law. (b) The salary, expenses, and allowances of the commissioner shall be established by the board. (c) The commissioner is authorized to select and employ such staff as may be necessary to carry out his responsibilites. 35-2-5. (a) No person in the employ of the department shall take any part in the man agement, affairs, or political campaign of any candidate for public office, except each em ployee shall have the right as a citizen to express his opinion and to cast his vote. (b) No person in the employ of the department shall, either directly or indirectly, con tribute any money or other thing of value to any person, organization, or committee for political campaign or election in county or state primaries or general elections. (c) Any employee of the department found to have violated this Code section shall be terminated from the department. 35-2-6. All positions in the unclassified service in the Georgia State Patrol, the Georgia 368 JOURNAL OF THE SENATE Bureau of Investigation, the Georgia Pubic Safety Training Center, the Georgia Police Academy, and the Georgia Fire Academy before the effective date of this Code section shall remain in the unclassified service after the effective date of this Code section. ARTICLE 2 Part 1 35-2-10. There is created and established a division of the Department of Public Safety to be known as the Georgia State Patrol. The Georgia State Patrol shall consist of the fol lowing divisions: the Uniform Division, the Administrative Division, and the Executive Se curity Division. 35-2-11. (a) There is created the position of director of the Georgia State Patrol. The director shall be the chief administrative officer of the Georgia State Patrol and shall be appointed and removed by the commissioner subject to the approval of the board. Except as otherwise provided by law and subject to the general policy established by the board, the director shall supervise, direct, account for, organize, plan, administer, and execute the func tions vested in the Georgia State Patrol by law. The director shall be responsible to the commissioner for the operation, management, and control of the Georgia State Patrol and shall report directly to the commissioner. (b) The salary, expenses, and allowances of the director shall be established by the commissioner subject to the approval of the board. 35-2-12. The director may, but need not, be a member of the Uniform Division. If he is a member, then upon removal from such office without prejudice he shall revert to his origi nal rank in the Uniform Division which he held when he was appointed to office. The posi tion of director shall be in the unclassified service of the State Merit System of Personnel Administration. 35-2-13. The director shall rank as colonel in the Uniform Division and shall be the chief officer thereof. 35-2-14. In perfecting the organization of the Georgia State Patrol or any division thereof, the director shall be authorized subject to the approval of the board and the com missioner to employ and provide compensation for such expert temporary assistance as may be necessary. 35-2-15. (a) The director is vested with authority to appoint a deputy director of the Georgia State Patrol who shall serve at the pleasure of the director subject to the approval of the commissioner and who shall have the rank of lieutenant colonel in the Uniform Divi sion. The position of deputy director shall be in the unclassified service of the State Merit System of Personnel Administration. (b) The deputy director may, but need not, be a member of the Uniform Division. If he is a member, then upon removal from office without prejudice he shall revert to the original rank in the Uniform Division which he held when he was appointed to office. (c) The deputy director shall perform such duties as he may be charged with by the director, and in case of a vacancy shall act as director until an appointment is made to fill the vacancy. 35-2-16. The director shall appoint a comptroller to ensure the proper receipt, account ing, and disbursement of funds of the Georgia State Patrol. The comptroller shall not be a member of the Uniform Division. The comptroller shall give a good and sufficient surety bond in the amount of $100,000.00, payable to the Governor and his successors in office and to be approved by the director, conditioned for the faithful discharge of his duties and the faithful accounting of all funds received by him. 35-2-17. The Georgia State Patrol is authorized to pay all medical, surgical, hospital, nursing, and other similar expenses incurred by any member of the Uniform Division as a result of injuries received in the line of duty. The Georgia State Patrol is authorized to WEDNESDAY, FEBRUARY 6, 1991 369 make such payments in addition to any award made by the State Board of Workers' Com pensation based on such injuries. Such payments shall only be made upon proper presenta tion of bills to the comptroller of the Georgia State Patrol. The comptroller and the injured party shall together ascertain the correctness of all bills presented. No payments shall be made without the approval of the director. 35-2-18. (a) The Georgia State Patrol shall have the authority to make awards to em ployees of the Georgia State Patrol on behalf of the Georgia State Patrol or the state in recognition of outstanding service, heroism, or other exemplary acts arising out of the per formance of their duties. All expenditures incurred in making such awards shall be defrayed from the Georgia State Patrol's regular operating budget and shall not exceed $100.00 per award. (b) The board shall promulgate rules and regulations in connection with the granting of the awards provided for in this Code section. 35-2-19. The director is authorized to furnish one or more lecturers to conduct lectures and demonstrations relating to public safety in the public schools in cooperation with school authorities. The director may furnish such lecturers with appropriate literature and equipment. 35-2-20. The Georgia State Patrol is authorized to provide comfortable and accessible headquarters for the director and deputy director and for the various divisions thereof. The Georgia State Patrol is authorized and empowered to provide such quarters and offices by purchase, lease, or construction, any contract made or title acquired to be made in the name of and on behalf of the State of Georgia. Part 2 35-2-30. (a) The Uniform Division of the Georgia State Patrol shall perform the duties previously performed by the Uniform Division of the Department of Public Safety prior to the effective date of this Code section as such duties are prescribed in this part and as otherwise authorized by law. (b) The Uniform Division of the Georgia State Patrol shall consist of: (1) The officers, noncommissioned officers, and troopers of the headquarters staff; (2) The officers, noncommissioned officers, and troopers of one battalion. 35-2-31. (a) The Uniform Division shall have jurisdiction throughout this state. (b) It shall be the primary duty of the Uniform Division to patrol the public roads and highways of this state, including interstate and state maintained highways, and to safeguard the lives and property of the public; and such duty shall also include accident investigation and traffic enforcement. The Uniform Division shall prevent, detect, and investigate viola tions of the criminal laws of this state, any other state, or the United States which are committed upon these public roads and highways or upon property appertaining thereto and shall apprehend and arrest those persons who violate such criminal laws. (c) Without limiting the generality of any other provisions of this article, it is specifi cally provided that the Uniform Division shall have jurisdiction to patrol safety rest areas and welcome centers located on or adjacent to the state highway system for the purposes of: (1) enforcing the laws of this state relating to the use, ownership, control, licensing, and registration of motor vehicles; (2) enforcing the criminal laws of this state; and (3) enforcing the laws of this state and the regulations of the Department of Transportation with respect to the use of such safety rest areas and welcome centers. The limitations of paragraph (5) of subsection (a) of Code Section 35-2-32 shall not apply with respect to enforcement in safety rest areas and welcome centers. 35-2-32. (a) It shall be the duty of the Uniform Division: (1) To enforce the laws of this state relating to the use, ownership, control, licensing, and registration of motor vehicles; 370 JOURNAL OF THE SENATE (2) On property owned by this state or any agency thereof: (A) To enforce the criminal laws of this state; (B) To apprehend and arrest any person who violates the criminal laws of this state; and (C) To serve and execute warrants; (3) To apprehend and arrest any person who is a fugitive from justice; (4) To suppress riots, labor strikes, or picketing, as provided by law, at the direction of the Governor on request made by the chief of police of any municipality or the sheriff of any county; and (5) (A) To make initial inquiries into any situation which occurs off the public roads and highways and which occurs under circumstances where it has reasonable grounds to believe a criminal law has been, is being, or is about to be violated. The Uniform Division shall further have the duty to make arrests in connection with such initial inquiries. (B) Any initial inquiry or arrest which is made pursuant to subparagraph (A) of this paragraph shall be initiated only if a local law enforcement officer is not readily available and the member of the Uniform Division reasonably believes that his failure to act could result in the commission of a criminal act or the escape of a person who has committed a criminal act. In any action taken by the Uniform Division under subparagraph (A) of this paragraph, the Uniform Division shall relinquish jurisdiction to the local law enforcement agency as soon as possible under the circumstances. (b) The Uniform Division shall cooperate with all law enforcement agencies of this state or any municipality, county, or other political subdivision thereof in enforcing the laws of this state, any other state, or the United States relating to the operation of motor vehicles. The director may, and in the case of a request by the Governor shall, authorize and direct the Uniform Division to cooperate with and render assistance to any law enforcement agency of this state or any municipality, county, or other political subdivision thereof in any criminal case, in the prevention or detection of violations of any law, or in the apprehension or arrest of persons who violate the criminal laws of this state, any other state, or the United States, upon a request by the governing authority or chief law enforcement officer of any municipality, the sheriff of any county, a judge of the superior court of any county, or the Governor. (c) The director may, and in the case of a request by the Governor shall, authorize and direct the Uniform Division to: (1) Provide security protection services, or transportation or escort services, or both to coaches, players, and referees and other officials in connection with collegiate athletic events involving an institution of the University System of Georgia which offers four-year postsecondary degrees when such security protection services, or transportation or escort ser vices, or both are necessary or appropriate to deter actual or potential threats to the safety of such individuals; (2) Provide services which are necessary or appropriate to promote the safety of the collegiate athletic teams of such institutions of the University System of Georgia which offer four-year postsecondary degrees or the general public or both or to facilitate travel by such collegiate athletic teams or the general public or both; and (3) Allow personnel of the Uniform Division, while on duty and in uniform, to accom pany collegiate athletic teams of such institutions of the University System of Georgia which offer four-year postsecondary degrees traveling to athletic events inside or outside the state and to make use of Georgia State Patrol vehicles for this purpose, provided that the Georgia State Patrol shall be reimbursed by such affected institution of the University System of Georgia for any expenses incurred by such personnel of the Uniform Division while carrying out such duties. (d) In no case where the Uniform Division is exercising any power or performing any WEDNESDAY, FEBRUARY 6, 1991 371 duty authorized by this Code section shall it usurp any of the duties or authority of any sheriff of any county, any chief of police of any municipality, or any chief of police of any county police force. (e) The duties and powers of the Uniform Division, as provided for in this Code section, shall be in addition to any other duties or powers provided by law. 35-2-33. The headquarters staff shall be composed of the director, deputy director, and such other commissioned and noncommissioned officers, troopers, and clerical personnel as the director deems necessary for use at headquarters. 35-2-34. The clerical duties at headquarters shall be performed by the headquarters staff. The director, in his discretion, may transfer any member of the headquarters staff to any other division or district for any other duty. 35-2-35. (a) The battalion of the Uniform Division shall consist of such personnel as the director, with the approval of the board, may deem necessary within the limits set by availa ble appropriations. (b) The personnel of the battalion shall be ranked according to a semimilitary structure with such ranks as the board shall deem appropriate, including, but not restricted to, the following: (1) Major; (2) Captain; (3) First lieutenant; (4) Sergeant major; (5) Sergeant first class; (6) Sergeant; (7) Corporal; (8) Trooper first class; (9) Trooper; (10) Trooper cadets; and (11) Process servers. (c) Within the limits set by available appropriations, the director, with the approval of the board, is authorized to employ such recruits or cadets as may be deemed necessary, who may become members of the Uniform Division but who shall not be members of the Uni form Division so long as they remain recruits or cadets; provided, however, that such re cruits or cadets are designated as 'peace officers' as such term is defined in paragraph (11) of Code Section 16-1-3 and shall have the authority of a peace officer. (d) The director shall prescribe rules and regulations governing the enlistment and training of recruits or cadets subject to the approval of the board. 35-2-36. (a) To support the battalion, the director, with the approval of the board, is authorized to employ such communications officers as may be necessary, within the limits set by available appropriations. Such personnel shall not be considered members of the Uni form Division. Communications officers may be divided into such ranks or categories as the director, with the approval of the board, deems appropriate. (b) To support the battalion, the director, with the approval of the board, is authorized to employ such driver's license examiners as may be necessary, within the limits set by available appropriations. The director shall provide the driver's license examiners with proper uniforms, suitable to the season, which shall remain the property of the state. Driver's license examiners may be divided into such ranks or categories as the director, with the approval of the board, deems appropriate. Driver's license examiners shall not be con sidered members of the Uniform Division. 372 JOURNAL OF THE SENATE 35-2-37. The director, with the approval of the board, is authorized to divide the state into districts or divisions as may be necessary for the purpose of effectually patrolling the public roads and highways of the state and of the counties thereof and for combating, de tecting, and preventing crime. 35-2-38. The director is authorized, with the approval of the board, to provide comfort able barracks and quarters for the officers and troopers of the Uniform Division. 35-2-39. In the event any district or division headquarters is established by the director, he shall be authorized, with the approval of the board, to purchase, lease, or construct proper quarters or barracks for the men and equipment at such district or division, and to this end may contract with municipalities, persons, or corporations in the name of the state. Subject to the provisions of Code Section 50-16-38 and Code Section 35-2-41, the board is authorized to accept in the name and on behalf of the state any property, equipment, or service that may be donated for use at headquarters or any division or district thereof which may be of value to any division of the Georgia State Patrol. 35-2-40. Subject to the provisions of Code Section 35-2-41, any municipality or county of this state is authorized to purchase and convey property by deed, gift, rent, or lease for the use of the Georgia State Patrol for division or district headquarters. If the deed from the municipality or county to the property to be used for such headquarters contains a reversionary clause to the effect that the property shall revert to the municipality or county in the event it ceases to be used for the headquarters, the director shall not be authorized to enter into any contract or agreement relative to the construction of quarters, barracks, or other facilities for such headquarters which shall, in any manner whatsoever, obligate the Georgia State Patrol to pay for more than one-half the costs of construction of the quarters, barracks, or other facilities. Any such contract or agreement must be approved by the board. 35-2-41. (a) Any offer to donate or convey by deed, gift, rent, lease, or other means any property, equipment, or services to the Georgia State Patrol shall be made in writing through command channels to the director. If the director approves the offer, he shall sub mit a written proposal of the offer to the board for its approval. A copy of the formal propo sal shall be forwarded by the director to the Office of Planning and Budget and the legisla tive budget analyst, either of which may comment on the proposal. (b) Title to real property shall be in the State of Georgia for the use of the Georgia State Patrol. No member of the Georgia State Patrol shall be authorized to accept any donation or conveyance of property, equipment, or services unless the provisions of this Code section have been complied with and until the commissioner has approved the dona tion or conveyance. 35-2-42. (a) All members of the Uniform Division, all communications officers, all driver's license examiners, and all recruits or cadets shall be governed by rules and regula tions as now or hereafter established under Chapter 20 of Title 45. (b) The board shall be authorized to provide for a subsistence and per diem allowance for commissioned officers, noncommissioned officers, and troopers of the Uniform Division. (c) The board shall be authorized to pay to officers, noncommissioned officers, and troopers of the Uniform Division additional compensation to be paid upon retirement in the form of the badge and the revolver issued by the Uniform Division to such officer, noncom missioned officer, or trooper. (d) The board shall be authorized to grant incentive pay to those members of the Uni form Division of the Department of Public Safety and those members of the Georgia Bureau of Investigation who have obtained degrees or certificates from an accredited member of the Federation of Regional Accrediting Commissions of Higher Education or who have obtained a degree or certificate of completion from some other educational institution with respect to a course of instruction related to law enforcement, so long as both the course of instruction WEDNESDAY, FEBRUARY 6, 1991 373 and the institution are specifically approved by the board. Any such incentive pay shall be paid according to the following schedule: (1) Completion of at least one year of degree-creditable college study consisting of the equivalent of 30 semester hours or 45 quarter hours of education: $200.00 per year; (2) Obtaining of associate or two-year degree or certificate of completion of 60 semester hours or 90 quarter hours of education: $400.00 per year; (3) Obtaining of a bachelor's or four-year degree: $800.00 per year. (e) This Code section is not intended to repeal existing law concerning the following: (1) The authority of the board to pay certain medical expenses incurred by any member of the Uniform Division or the Georgia Bureau of Investigation; (2) The authority of the director to provide uniforms and supplies to members of the Uniform Division; (3) The requirement that board and quarters be furnished to every member of the Uni form Division on active duty; (4) The authorization for officers and troopers to receive a legal award offered for the apprehension of any criminal; (5) The State Patrol Disciplinary Board, its composition, and its responsibilities and procedures for removal of officers and troopers for cause. 35-2-43. (a) No person shall be eligible for appointment as an officer or trooper of the Uniform Division unless such person is a citizen of the United States, of good health and good moral character, and not less than 21 years of age nor more than 36 years of age at the time of appointment. (b) Applicants for appointment to the Uniform Division shall possess a high school edu cation or its equivalent and shall pass a mental and physical examination based upon the rules and regulations promulgated by the commissioner of public safety, which requirements may not be changed within 12 months of any examination for employment of recruits or cadets, troopers, or officers. (c) Any person or persons who are classed as specialists or experts in any particular field in connection with police work shall be eligible for appointment or enlistment in the Uniform Division without being required to meet the physical requirements required under the rules and regulations of the Georgia State Patrol. (d) The age limits provided for in subsection (a) of this Code section shall not apply to the director and deputy director of the Georgia State Patrol. (e) In the event any person is appointed or enlists as a specialist or expert and such person at the time of his appointment or enlistment has a physical disability, such person shall not be eligible at a later date to be retired due to such disability. (f) No former member of the National Guard of this state or of any other state, of the armed forces of the United States, or of any other law enforcement agency of the United States or of the various states thereof who has been discharged with a discharge less than an honorable discharge nor any former member of the Georgia State Patrol who shall have been discharged for cause shall be eligible for appointment or reappointment to the Uni form Division. 35-2-44. It shall be the duty of the director, subject to the laws of this state, to arrange for the enlistment and examination of applicants for service as troopers or officers of the Uniform Division, to provide the necessary preliminary training and subsequent instruction of troopers and recruits as peace officers of this state, and to make all necessary rules and regulations for the discipline, conduct, and control of all officers, troopers, and other em ployees of the Georgia State Patrol. 35-2-45. (a) Any trooper of the Uniform Division shall be eligible for promotion to the 374 JOURNAL OF THE SENATE rank of corporal, provided he has served a period of 24 months in the Uniform Division including the period of probation. (b) Any noncommissioned or commissioned officer shall be eligible for promotion to a higher rank, provided he has served at least one year in the preceding rank, and provided, further, that a sergeant may be promoted to the rank of lieutenant without having to serve in the rank of sergeant major for a period of at least one year. (c) Promotions to ranks of corporal through lieutenant shall be made on the basis of merit in accordance with this Code section. (d) Demotion from any rank or grade shall be heard by the State Patrol Disciplinary Board, should the member being demoted desire a hearing. (e) Periodic performance rankings shall be made, not less than annually, of each sworn member through the grade of lieutenant, ranking each member according to his relative position within his post or section. Each supervisor shall rank those members under his supervision. 35-2-46. All the officers, troopers, communications officers, and driver's license examin ers, except the director and deputy director, shall be entitled to serve until retirement; pro vided, however, that the director or his designee may discharge any officer, trooper, commu nications officer, or driver's license examiner. This may be accomplished by preferring charges before the State Patrol Disciplinary Board before which the officer, trooper, commu nications officer, or driver's license examiner shall have an opportunity for hearing. The charges which may be preferred shall consist of one or more of the following: unfitness to perform assigned duties, insubordination, misconduct, conduct reflecting discredit on the Georgia State Patrol, commission of a felony or other crime involving moral turpitude, fail ure to report to work without justifiable cause, chronic absenteeism, or political activity as defined in the rules and regulations adopted pursuant to Chapter 20 of Title 45. This Code section shall not apply to persons separated from the Georgia State Patrol due to curtail ment of funds or reduction in staff when the separation is in accordance with the rules and regulations of the State Merit System of Personnel Administration. 35-2-47. The director or his designee may suspend any officer, trooper, communications officer, or driver's license examiner from duty for cause and without pay until the hearing before the State Patrol Disciplinary Board is held, where it is likely that the employee has committed a felony or other crime involving moral turpitude, or where the retention of the employee in active duty status may result in damage to property or may be detrimental or injurious to the employee, his fellow workers, persons under the employee's charge, or the general public, or in other emergency situations as defined in the rules and regulations adopted pursuant to Chapter 20 of Title 45. Pending the employee's hearing before the State Patrol Disciplinary Board, the officer, trooper, communications officer, or driver's li cense examiner shall not be allowed to wear the uniform of the Uniform Division or perform any duties thereof. 35-2-48. (a) The State Patrol Disciplinary Board shall be composed of the commanding officer as chairman and six sworn members of equal or greater rank than the individual being charged appointed by the director; provided, however, that, when charges are pre ferred against an employee of the Georgia State Patrol other than a member of the Uniform Division, the State Patrol Disciplinary Board shall be composed of the commanding officer as chairman and six employees of the Georgia State Patrol appointed by the director. The State Patrol Disciplinary Board shall be appointed as needed and the members of such board shall serve at the pleasure of the director. (b) Any officer, trooper, communications officer, or driver's license examiner who has charges preferred against him shall receive a copy thereof as soon as practicable. (c) The hearing before the disciplinary board must be held on a date which provides the employee with at least five calendar days' and not more than 30 calendar days' advance written notice of the hearing except as otherwise provided in the rules and regulations of the State Personnel Board. WEDNESDAY, FEBRUARY 6, 1991 375 (d) The hearing before the disciplinary board shall be informal and rules of evidence shall not apply. The disciplinary board is authorized to consider any information that may be presented to it by oral or written means. The officer, trooper, communications officer, or driver's license examiner shall be given an opportunity to present to the disciplinary board any information which he desires the disciplinary board to consider. (e) The disciplinary board shall, after considering the information presented to it, make a recommendation to the director as to what action shall be taken. This recommendation shall in no way bind the director. The director's decision shall be final and there shall be no appeal therefrom within the Georgia State Patrol. 35-2-49. The director shall, within the limit of the appropriation, provide the members of the Uniform Division with proper uniforms, suitable to the season, and also with emer gency and first-aid outfits, weapons, motor vehicles with radio equipment, and all other necessary supplies and equipment for the purpose of carrying out this article, the same to remain the property of the state; provided, however, that after a member has accumulated 25 years of service in the Uniform Division, upon leaving the division under honorable con ditions, such member shall be entitled, as part of his compensation, to retain his weapon and badge pursuant to regulations promulgated by the director. The director shall also, within the limit of the appropriation, provide proper uniforms and equipment to radio oper ators and driver's license examiners. 35-2-50. (a) The uniforms, supplies, and equipment authorized by Code Section 35-2-49 shall be purchased by the Department of Administrative Services, with the consent and approval of the Georgia State Patrol, by bid let to the lowest and best bidder and in accor dance with specifications named in the advertisement of bid. (b) The advertisement of the letting of contracts for the purchase of uniforms, supplies, or equipment shall be published in at least two issues of some public journal of the state published daily and having a state-wide circulation for not less than 15 days before the time bids for the contracts are opened. The Department of Administrative Services shall have the right to reject any and all bids. 35-2-51. (a) The director shall provide a storeroom or rooms where all excess supplies of clothing, equipment, and other articles shall be stored and shall insure the same against loss by fire. (b) All old and worn equipment must be delivered to the custodian or custodians of such storeroom or rooms, who need not be members of the Uniform Division nor subject to age limitations, to be properly receipted before new equipment shall be issued. 35-2-52. The director, at his discretion and subject to the available funds, shall be au thorized to pay to members of the Uniform Division a clothing allowance when the members are permanently assigned to personal security or special duty assignments which necessitate those members wearing clothing other than the uniform of the Uniform Division. The direc tor, subject to the approval of the Board of Public Safety, shall establish the amount of clothing allowance to be paid each year. 35-2-53. No member of the Uniform Division shall receive any costs, emoluments, or other compensation other than his salary and any additional compensation provided by or through federal funding to which he may be entitled, except a legal reward as otherwise stated in this article. All fines and costs shall be paid into the treasury of the tribunal hav ing jurisdiction of the offense and distributed according to law. 35-2-54. (a) The director, with the approval of the board, is authorized to purchase group life, group accident, and group hospitalization insurance contracts, policies, or certifi cates issued to the members of the Uniform Division, provided that such contracts of insur ance shall be approved by the board as to the amount of insurance, amount of premiums, and company issuing or writing them; provided, further, that the premiums for such con tracts, policies, or certificates of insurance shall be paid by the members of the Uniform Division desiring to participate therein; and this purchase shall be in no way considered as incurring a liability on the part of the state to pay for such insurance. 376 JOURNAL OF THE SENATE (b) The contracts, policies, or certificates of insurance, as provided for in subsection (a) of this Code section, may be made payable to the beneficiary designated by the member of the Uniform Division to whom the contracts, policies, or certificates are issued. 35-2-55. The director is authorized and directed to arrange the work schedules of mem bers of the Uniform Division in such a manner that each member shall be given compensa tory time of! for each day which he is required to work and which is also a legal state holiday. Such compensatory time off shall be given within 90 days of the holiday involved, except where the day of compensatory time off coincides with an emergency situation, in which case the granting of compensatory time off shall be postponed until such time as the emergency no longer exists. 35-2-56. No motor vehicles or other equipment shall be used by any member of the Uniform Division except in discharge of official duties. 35-2-57. When an unmarked pursuit vehicle used by the Uniform Division for the pur pose of enforcing the traffic laws of this state is first removed from the field and will no longer be used on a regular basis for pursuit purposes, the director shall notify the adminis trator of the Georgia Pubic Safety Training Center and shall make such pursuit vehicle available to such center for the purpose of training public safety officers pursuant to Chap ter 5 of this title. Upon notification by the director, the administrator of the Georgia Public Safety Training Center shall be authorized to take immediate possession of any such pursuit vehicle. Part 3 35-2-60. There is created and established a division of the Georgia State Patrol which shall be known as the Administrative Division. 35-2-61. (a) The Administrative Division shall perform functions previously performed by employees of the Department of Public Safety involving drivers' licenses; records of traf fic violations; duties under Chapter 34 of Title 33, the 'Georgia Motor Vehicle Accident Reparations Act'; and other duties as provided by law for the Georgia State Patrol which are not performed by the Uniform Division. (b) The director shall perform functions previously performed by the commissioner of public safety involving drivers' licenses; records of traffic violations; duties under Chapter 34 of Title 33, the 'Georgia Motor Vehicle Accident Reparations Act'; and other duties as pro vided by law for the director. Part 4 35-2-70. The director is authorized, with the approval of the board, to establish an Ex ecutive Security Division within the Georgia State Patrol. 35-2-71. (a) While in the performance of their duties, such Executive Security Division officers shall have the same powers of arrest and the same powers to enforce law and order as the sheriff of the county and the chief of police of the municipality in this state in which any such Executive Security Division officers are performing their duties. (b) While in the performance of their duties, such Executive Security Division officers shall also be authorized to exercise such powers and duties as are authorized by law for members of the Uniform Division. 35-2-72. All persons employed as Executive Security Division officers shall be compen sated in an amount to be prescribed by the director and shall be furnished with and shall wear such distinctive uniforms and equipment as may be prescribed by the director. 35-2-73. (a) The director shall be authorized to employ such number of Executive Se curity Division officers as may be necessary to keep watch over and protect the Governor and members of his immediate family, the Lieutenant Governor and members of his imme diate family, the Speaker of the House of Representatives and members of his immediate family, the executive department at the state capitol or at any other place as the executive department may be moved, the executive center or other residence of the Governor, the WEDNESDAY, FEBRUARY 6, 1991 377 residences and offices of the Lieutenant Governor and the Speaker of the House of Repre sentatives, and such other state property and individuals as may be directed by the Governor. (b) Members of the Governor's family, the Lieutenant Governor's family, and the Speaker's family for whom protection is provided by the Executive Security Division, when traveling with the Governor, the Lieutenant Governor, or the Speaker, as the case may be, when traveling on state related business at the request of the Governor, the Lieutenant Governor, or the Speaker, as the case may be, or when in the judgment of the director security considerations so dictate, may be transported by means of state owned transporta tion facilities, when appropriate, or at state expense by private carrier, when the use of such state owned facilities are not practical or appropriate. 35-2-74. (a) The Governor is authorized, in his discretion, to direct by executive order that the employees of the Executive Security Division shall be covered by the State Merit System of Personnel Administration and in such order shall specify the date on which the system shall become applicable to such personnel. (b) The application of the state merit system to employees of the Executive Security Division shall not affect any other personnel of the Georgia State Patrol. 35-2-75. The board shall be authorized to promulgate and adopt such rules, regulations, and orders in regard to Executive Security Division officers as in its judgment public service may demand." Section 11. Said Title 35 is further amended by striking in its entirety Code Section 353-2, relating to the creation of the Georgia Bureau of Investigation, and inserting in lieu thereof a new Code Section 35-3-2 to read as follows: "35-3-2. There is created as a division of the Department of Public Safety a Georgia Bureau of Investigation." Section 12. Said Title 35 is further amended by striking in its entirety Code Section 353-5, relating to the appointment and powers of the director of investigation, and inserting in lieu thereof a new Code Section 35-3-5 to read as follows: "35-3-5. (a) There is created the position of director of investigation. (b) The director shall be the chief administrative officer and shall be both appointed and removed by the commissioner subject to the approval of the board. (c) Except as otherwise provided by this chapter, and subject to the general policy es tablished by the board, the director shall supervise, direct, account for, organize, plan, ad minister, and execute the functions vested in the bureau by this chapter. The director shall be responsible to the commissioner for the operation, management, and control of the bu reau and shall report directly to the commissioner." Section 13. Said Title 35 is further amended by striking in its entirety Code Section 353-6, relating to the classification and compensation of the director of investigation, and in serting in lieu thereof a new Code Section 35-3-6 to read as follows: "35-3-6. The director shall be in the unclassified service of the State Merit System of Personnel Administration and his compensation shall be fixed by the commissioner subject to the approval of the board." Section 14. Said Title 35 is further amended by striking in its entirety Code Section 353-7, relating to agreements by the director or commissioner for the provision of services and material, and inserting in lieu thereof a new Code Section 35-3-7 to read as follows: "35-3-7. The director of investigation and the director of the Georgia State Patrol are authorized to enter into agreements, subject to approval of the commissioner, for the provi sion of such services, material, or combination thereof as may be useful in the performance of the official duties of the bureau or the Georgia State Patrol." Section 15. Said Title 35 is further amended by striking in its entirety subsection (e) of 378 JOURNAL OF THE SENATE Code Section 35-3-15, relating to office of state medical examiner, and inserting in lieu thereof a new subsection (e) to read as follows: "(e) The commissioner of human resources shall be an ex officio voting member of the commission and shall serve while holding his state office. All other members of the commis sion shall be appointed by the Board of Public Safety created by Code Section 35-2-2. The first members so appointed shall begin their terms of office on July 1, 1990, with five of those members serving for initial terms of two years each and four of those members serving for initial terms of four years each, as such terms are specified in their appointment. After those initial terms, appointed members shall be appointed by the Board of Public Safety for terms of four years each. Each appointed member shall serve the term specified in this subsection and until the appointment and qualification of that member's respective succes sor. Any vacancy on the commission, other than of its ex officio member, shall be filled by the Board of Public Safety's appointment of a successor who meets the qualifications for the vacated membership position to which the person is appointed. The Board of Public Safety, after notice and hearing, may remove any member appointed by the board for neglect of duty, misconduct, or incompetence." Section 16. Said Title 35 is further amended by striking in its entirety Code Section 354-3, relating to the assignment of the Georgia Police Academy to the Department of Public Safety for administrative purposes only, and inserting in lieu thereof a new Code Section 354-3 to read as follows: "35-4-3. There is created as a division of the Department of Public Safety the Georgia Police Academy." Section 17. Said Title 35 is further amended by striking in its entirety Code Section 354-6, relating to the selection, powers, and duties of the superintendent of the Georgia Police Academy, and inserting in lieu thereof a new Code Section 35-4-6 to read as follows: "35-4-6. (a) With the approval of the board, the commissioner shall appoint and remove the superintendent of the academy whose duties shall be to administer the policies and programs of the board regarding the academy. (b) The superintendent shall be responsible to the commissioner for the management and control of the academy and shall report directly to the commissioner. (c) In administering the policies and programs of the board, the superintendent shall seek the assistance of the State Board of Education, which is authorized and directed to cooperate and work with the superintendent. (d) The superintendent of the academy shall be in the unclassified service of the State Merit System of Personnel Administration and his compensation shall be fixed by the com missioner subject to the approval of the board." Section 18. Said Title 35 is further amended by striking in its entirety subsection (c) of Code Section 35-5-2, relating to the authority of the Board of Public Safety to establish, operate, and maintain the Georgia Public Safety Training Center, and inserting in lieu thereof a new subsection (c) to read as follows: "(c) The commissioner shall appoint and remove the administrator of the center and establish the compensation for the administrator subject to the approval of the board. The position of administrator shall be in the unclassified service of the State Merit System of Personnel Administration." Section 19. Said Title 35 is further amended by striking in its entirety Code Section 35-5-3, relating to the assignment of the Georgia Public Safety Training Center to the De partment of Public Safety for administrative purposes, and inserting in lieu thereof a new Code Section 35-5-3 to read as follows: "35-5-3. (a) The Georgia Public Safety Training Center shall be a division of the De partment of Public Safety. WEDNESDAY, FEBRUARY 6, 1991 379 (b) The board is authorized to solicit and accept gifts, grants, donations, property, both real and personal, and services for the purpose of carrying out this chapter." Section 20. Said Title 35 is further amended by striking in its entirety Code Section 355-4, relating to the powers and duties of the administrator of the Georgia Public Safety Training Center, and inserting in lieu thereof a new Code Section 35-5-4 to read as follows: "35-5-4. The administrator of the center shall select the necessary staff and shall ad minister the policies and programs of the board regarding the center. The administrator shall be responsible to the commissioner for the management and operation of the center and shall report directly to the commissioner." Section 21. Title 40 of the Official Code of Georgia Annotated, relating to motor vehi cles and traffic, is amended by striking subsection (a) of Code Section 40-2-44, relating to the reporting of theft, loss, or mutilation of license plates or revalidation decals, and in serting in lieu thereof a new subsection (a) to read as follows: "(a) Except as provided in subsection (b) of this Code section, the owner of a motor vehicle shall immediately report the theft, loss, or mutilation of a license plate or revalida tion decal to the appropriate law enforcement agency or official, including but not limited to a municipal or county police department or officer, the county sheriff, or the Georgia State Patrol. Said owner shall obtain a copy of the police report and shall submit such copy to the Department of Revenue, Motor Vehicle Division with a fee of $2.00 to obtain a duplicate license plate or revalidation decal." Section 22. Said Title 40 is further amended by striking in its entirety Code Section 405-1, relating to the definition of terms used in Chapter 5 concerning drivers' licenses, and inserting in lieu thereof a new Code Section 40-5-1 to read as follows: "40-5-1. As used in this chapter, the term: (1) 'Assessment component" means the standard assessment instrument designated by the Department of Human Resources which is used to evaluate the extent of an individual's substance abuse and its impact on the use of alcohol or drugs and driving. (2) 'Board' means the Board of Public Safety. (3) 'Cancellation of driver's license' means the annulment or termination by formal ac tion of the department of a person's license because of some error or defect in the license or because the licensee is no longer entitled to such license. The cancellation of a license is without prejudice, and application for a new license may be made at any time after such cancellation. (4) 'Code Section 40-6-391' means Code Section 40-6-391 of the Official Code of Georgia Annotated, as now or hereafter amended, any federal law or regulation substantially con forming to or parallel with the offense covered under Code Section 40-6-391, any local ordi nance adopted pursuant to Article 14 of Chapter 6 of Title 40, which ordinance adopts the provisions of Code Section 40-6-391, or any previously existing or existing law of this or any other state, which law was or is substantially conforming to or parallel with Code Section 40-6-391. (5) 'Conviction' means a forfeiture of bail or collateral deposited to secure a defendant's appearance in court, the payment of a fine, a plea of guilty, or a finding of guilt on a traffic violation charge, regardless or whether the sentence is suspended, probated, or rebated. (6) 'Department' means the Georgia State Patrol. (7) 'Director' means the director of the Georgia State Patrol. (8) 'Disqualification of driver's license' means a prohibition against driving a commer cial motor vehicle. (9) 'Education/intervention component' means a program which delivers general educa tion about alcohol and drug use and driving and peer group counseling over a period of 16 hours utilizing a methodology and curriculum approved and certified by the Department of 380 JOURNAL OF THE SENATE Human Resources for the DUI alcohol or drug use risk reduction programs under subsection (e) of Code Section 40-5-83. (10) 'First Offender DUI Alcohol or Drug Use Risk Reduction Program' means a pro gram which conducts an assessment for persons with a first conviction of or a nolo contendere plea to driving under the influence of alcohol or drugs and, based on the results of the assessment component, releases the offender or refers the offender to an education/in tervention component and is approved and certified as a First Offender DUI Alcohol or Drug Use Risk Reduction Program by the Department of Human Resources. (11) 'Intensive intervention component' means a program which delivers peer group counseling concerning alcohol and drug use over a period of 24 hours utilizing a methodol ogy and curriculum approved and certified by the Department of Human Resources for the DUI alcohol or drug use risk reduction programs. (12) 'Mail' means to deposit in the United States mail properly addressed and with postage prepaid. (13) 'Owner' means a person other than a lienholder or security interest holder having the property in or title to a vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a lien or security interest in another person, but excludes a lessee under a lease not intended as security. (14) 'Present and future minimum motor vehicle insurance coverage' means minimum coverage as specified in Chapter 34 of Title 33, which coverage cannot be canceled except for a subsequent conviction of an offense enumerated in Code Section 40-5-54 and after giving the director 20 days' written notice prior to the effective date of the cancellation. (15) 'Resident' means a person who has a permanent home or abode in Georgia to which, whenever he is absent, he has the intention of returning. For the purposes of this chapter, there is a rebuttable presumption that the following person is a 'resident': (A) Any person who accepts employment or engages in any trade, profession, or occupa tion in Georgia or enters his children to be educated in the public schools of Georgia within ten days after the commencement of such employment or education; or (B) Any person who, except for infrequent, brief absences, has been present in the state for 30 or more days. (16) 'Revocation of driver's license' means the termination by formal action of the de partment of a person's license or privilege to operate a motor vehicle on the public high ways, which license shall not be subject to renewal or restoration, except that an application for a new license may be presented and acted upon by the department after the expiration of the applicable period of time prescribed in this chapter. (17) 'Second Offender DUI Alcohol or Drug Use Risk Reduction Program' means a pro gram for persons convicted of a second driving under the influence of alcohol or drugs of fense within five years which provides an intensive intervention component and is approved and certified as a Second Offender DUI Alcohol or Drug Use Risk Reduction Program by the Department of Human Resources. (18) 'Suspension of driver's license' means the temporary withdrawal by formal action of the department of a person's license or privilege to operate a motor vehicle on the public highways, which temporary withdrawal shall be for a period specifically designated by the department." Section 23. Said Title 40 is further amended by striking in its entirety Code Section 408-153, relating to definitions under the "Georgia Motor Vehicle Emission Inspection and Maintenance Act," and inserting in lieu thereof a new Code Section 40-8-153 to read as follows: "40-8-153. As used in this part, the term: (1) 'Board' means Board of Natural Resources. WEDNESDAY, FEBRUARY 6, 1991 381 (2) 'Certificate of authorization' means a permit issued by the department to each es tablishment designated as an official emission inspection station. (3) 'Certificate of emission inspection' means an official certificate that emissions and emission control equipment have been inspected and approved. Such certificates will be fur nished to official emission inspection stations by the department to be completed and issued by such stations to the owner or operator of a responsible motor vehicle upon inspection and approval of that vehicle following completion of any inspection or inspection and mainte nance required by this part. (4) 'Department' means the Georgia State Patrol. (5) 'Director' means the director of the Environmental Protection Division of the De partment of Natural Resources. (6) 'Emission inspection station' means a motor vehicle dealership, garage, service sta tion, or other establishment designated by the department as an official responsible motor vehicle emission inspection station to carry out the emission inspections required by this part. (7) 'Exhaust emission" means: (A) The act of releasing hydrocarbons or carbon monoxide into the ambient air by means of a motor vehicle exhaust system; or (B) The material so passed into the ambient air. (8) 'Evaporative emission" means: (A) The act of releasing hydrocarbons into the ambient air by means of evaporation from a motor vehicle; or (B) The material so passed into the ambient air. (9) 'Federal Clean Air Act' means 42 U.S.C. Section 1857, et seq., as amended, and 42 U.S.C. Section 7401, et seq., as amended. (10) 'Gross weight' means the manufacturer's gross weight rating for the individual vehicle. (11) 'Highway' means any road or way publicly maintained and open for use by the public for vehicular traffic. (12) 'Hydrocarbons' means any compound containing carbon and hydrogen. (13) 'Mechanic inspector' means a natural person approved and issued a permit by the department to perform the emission inspections required by this part. (14) 'Model year' means the manufacturer's annual production period, as determined by the director of the Environmental Protection Division of the Department of Natural Re sources, provided that, if the manufacturer has no annual production period, the term 'model year' shall mean the calendar year. The model year shall be determined by the vehi cle indentification number appearing on the vehicle. (15) 'Motor vehicle" means any contrivance propelled by power other than muscular power, used for transportion of persons or property on highways, and not operated exclu sively upon tracks. (16) 'NAAQS' means the National Ambient Air Quality Standards for air pollutants prescribed by USEPA pursuant to the federal Clean Air Act. (17) 'National Ambient Air Quality Standards' means those allowable ambient air con centrations for pollutants, including photochemical oxidants (ozone) and carbon monoxide, specified by USEPA pursuant to 42 U.S.C. Section 1857, et seq., as amended, and 42 U.S.C. Section 7401, et seq., as amended. (18) 'Owner' means the registered owner or the individual presenting the responsible motor vehicle for the emission inspection required under this part. 382 JOURNAL OF THE SENATE (19) 'Persons' means any natural person or individual, corporation, partnership, associa tion, state or federal government, political subdivision, agency, or instrumentality of the state or federal government or any other entity. (20) 'Photochemical oxidant' means ozone. (21) 'Responsible motor vehicle' means any motor vehicle propelled by gasoline com bustion power, except motorcycles and motor driven cycles, designed for carrying ten pas sengers or less and used for the transportation of persons (passenger car or vehicle) and any motor vehicle propelled by gasoline combustion power designed, used, or maintained pri marily for the transportation of property which has a gross vehicle weight rating of less than 8,500 pounds (light-duty truck), excluding: (A) Any motor vehicle not designed primarily for highway use; and (B) Any motor vehicle manufactured in a model year ending more than 11 calendar years prior to January 1 of the calendar year in which this part is being or is sought to be enforced. (22) 'USEPA' means the United States Environmental Protection Agency." Section 24. Said Title 40 is further amended by striking in its entirety Code Section 409-2, relating to definitions under the "Motor Vehicle Safety Responsibility Act," and in serting in lieu thereof a new Code Section 40-9-2 to read as follows: "40-9-2. As used in this chapter, the term: (1) 'Accident' means the collision of any motor vehicle with another vehicle or with any object or fixture, or involvement of a motor vehicle in any manner in which any person is killed or injured or in which damage to the property of any one person to an extent of $250.00 or more is sustained. (2) 'Department' means the Georgia State Patrol. (3) 'Director' means the director of the Georgia State Patrol. (4) 'Operator' means every person who drives or is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle. (5) 'Proof of financial responsibility' means: (A) Proof of ability to respond in damages for liability on account of accidents occurring subsequent to the effective date of said proof, in the amount of $15,000.00 because of bodily injury to or death of one person in any one accident, and subject to said limit for one per son, in the amount of $30,000.00 because of bodily injury to or death of two or more persons in any one accident, and in the amount of $10,000.00 because of injury to or destruction of property of others in any one accident; (B) In the case of any person applying for or operating under a probationary driver's license issued pursuant to Code Section 40-5-58, proof of ability to respond in damages for liability on account of accidents occurring subsequent to the effective date of said proof, in the amount of $25,000.00 because of bodily injury to or death of one person in any one accident, and subject to said limit for one person, in the amount of $50,000.00 because of bodily injury to or death of two or more persons in any one accident, and in the amount of $25,000.00 because of injury to or destruction of property of others in any one accident; or (C) Proof of ability to respond in compensation to certain injured individuals, without regard to fault, up to an aggregate minimum limit of $5,000.00 per injured person in compli ance with Chapter 34 of Title 33, the 'Georgia Motor Vehicle Accident Reparations Act.' (6) 'Registration' means the registration certificates and registration plates issued under the laws of this state pertaining to the registration of vehicles. (7) 'Suspension of driver's license' means the temporary withdrawal by formal action of WEDNESDAY, FEBRUARY 6, 1991 383 the department of a resident's license or nonresident's privilege to operate a motor vehicle on the public highway." Section 25. Said Title 40 is further amended by striking in its entirety Code Section 4014-11, relating to investigations by commissioner of public safety, and inserting in lieu thereof a new Code Section 40-14-11 to read as follows: "40-14-11. Upon a complaint being made to the director of the Georgia State Patrol that any county, municipality, college, or university is employing radar speed detection de vices for purposes other than the promotion of the public health, welfare, and safety, the director or his designee is authorized and empowered to conduct an investigation into the acts and practices of such county, municipality, college, or university with respect to radar speed detection devices. If, as a result of this investigation, the director or his designee finds that there is probable cause to suspend or revoke the radar speed detection device permit of such county, municipality, college, or university, he shall issue an order to that effect." Section 26. Said Title 40 is further amended by striking in its entirety Code Section 4014-12, relating to administrative hearing upon permit suspension or revocation, and in serting in lieu thereof a new Code Section 40-14-12 to read as follows: "40-14-12. Upon issuance by the director of the Georgia State Patrol of an order sus pending or revoking the radar speed detection device permit of any county, municipality, college, or university, the county, municipality, college, or university affected shall be af forded a hearing, to be held within ten days of the effective date of the order. The hearing shall be held before the director or deputy director of the Georgia State Patrol, and follow ing the hearing the county, municipality, college, or university affected shall be served with a written decision announcing whether the permit shall remain revoked or whether it shall be reinstated. Section 27. Said Title 40 is further amended by striking in its entirety Code Section 4014-13, relating to administrative and judicial appeal of decision suspending or revoking per mit, and inserting in lieu thereof a new Code Section 40-14-13 to read as follows: "40-14-13. Any county, municipality, college, or university aggrieved by a decision of the director or deputy director of the Georgia State Patrol suspending or revoking its radar speed detection device permit may appeal that decision within 30 days of its effective date to the Board of Public Safety, which shall schedule a hearing with respect thereto before the board. Following a hearing before the board, the county, municipality, college, or university affected shall be served with a written decision announcing whether the permit shall remain revoked or whether it shall be reinstated. An adverse decision of the board may be appealed by the county, municipality, college, or university to the superior court with appropriate jurisdiction, but the municipality, county, college, or university shall be denied use of the radar speed detection device until after such appeal is decided by the court." Section 28. Said Title 40 is further amended by striking in its entirety Code Section 40-14-14, relating to petition for reconsideration following permit suspension or revocation, and inserting in lieu thereof a new Code Section 40-14-14 to read as follows: "40-14-14. At the expiration of six months following the suspension or revocation of a radar speed detection device permit by the Board of Public Safety or, if no appeal was taken, by the director or deputy director of the Georgia State Patrol, the governing author ity of any such county or municipality or the president of any such college or univeristy may, upon a change of circumstances being shown to the director, petition the director for a reconsideration of whether such county, municipality, college, or university should be per mitted to use radar speed detection devices within their respective jurisdictions." Section 29. Said Title 40 is further amended by striking in its entirety Code Section 4014-15, relating to rehearing or restoration of permit at direction of Governor, and inserting in lieu thereof a new Code Section 40-14-15 to read as follows: "40-14-15. The Governor, in his discretion, may direct the director of the Georgia State Patrol, or his delegate, to inquire into such change of circumstances and report the same to 384 JOURNAL OF THE SENATE him together with any recommendations he might have. The Governor, in his discretion, may order a new hearing on the matter before the Board of Public Safety or may, without hearing, issue his order directing the director to grant a permit to such a county, municpality, college, or university to use speed detection devices. If a county, municipality, college, or university shall not be granted a permit to use such devices, it shall not apply for a rehear ing until the expiration of six months." Section 30. Said Title 40 is further amended by striking in its entirety Chapter 15, relating to the Motorcycle Operator Safety Training Program, and inserting in lieu thereof a new Chapter 15 to read as follows: "CHAPTER 15 40-15-1. As used in this Chapter, the term: (1) 'Board' means the Board of Public Safety. (2) 'Coordinator' means the State-wide Motorcycle Safety Coordinator provided for in Code Section 40-15-4. (3) 'Motorcycle' means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor and a moped. (4) 'Operator' means any person who drives or is in actual physical control of a motorcycle. (5) 'Program' means a motorcycle operator safety training program provided for in Code Section 40-15-2. 40-15-2. (a) (1) The Georgia State Patrol is authorized to set up, establish, and operate a motorcycle operator safety training program for the purpose of assisting motorcycle opera tors to meet the requirements for licensed driving of motorcycles in this state. (2) The coordinator, with the approval of the board, shall be authorized to set up, es tablish, and operate additional motorcycle operator safety training programs. (b) Any such programs shall provide courses on motorcycle operator safety. The pro grams shall be based on the Motorcycle Safety Foundation Motorcycle Rider Course or its equivalent in quality, utility, and merit. (c) The Georgia State Patrol shall issue a certificate of completion to each person who satisfactorily completes the motorcycle operator safety training program. 40-15-3. The board is authorized to adopt, promulgate, and establish rules and regula tions for the operation of any motorcycle operator safety training program; to provide for the entrance and enrollment of students; to prescribe fees for the course; and prescribe the ages, requirements, and conditions under which students may be received for instruction in any such program. 40-15-4. (a) The board shall appoint a State-wide Motorcycle Safety Coordinator who shall carry out and enforce the provisions of this chapter and the rules and regulations of the Georgia State Patrol. The coordinator shall be placed in the classified service of the state merit system. The coordinator must hold a valid Class M driver's license and be a certified Motorcycle Safety Foundation Instructor. (b) The coordinator shall also be authorized to: (1) Promote motorcycle safety throughout the state; (2) Provide consultation to the various departments of state government and local polit ical subdivisions relating to motorcycle safety; and (3) Do any other thing deemed necessary by the board to promote motorcycle safety in the state. WEDNESDAY, FEBRUARY 6, 1991 385 40-15-5. Every person who desires to qualify as an instructor in a motorcycle operator safety training program shall meet the following requirements: (1) Be of good moral character; (2) Give satisfactory performance on a written, oral, performance, or combination exam ination administered by the coordinator testing both knowledge of the field of motorcycle operator education and skills necessary to instruct and impart motorcycle driving skills and safety to students. The instructor training program shall provide for a course of instruction based on the Motorcycle Safety Foundation's Instructor Course or its equivalent in quality, utility, and merit. This course of instruction shall be held periodically based on the applica tions received and the need for instructors, and an examination fee prescribed by the coor dinator shall be charged: (3) Be physically able to operate safely a motorcycle and to instruct others in the opera tion of motorcycles; and (4) Hold a valid Class M driver's license." Section 31. Said Title 40 is further amended by striking from the following Code sec tions the term "commissioner" or "commissioner of public safety" wherever it occurs and inserting in lieu thereof the term "director" and by striking from said Code sections the term "commissioner's" wherever it occurs and inserting in lieu thereof the term "director's": (1) Code Section 40-5-2, relating to records to be kept by the Department of Public Safety; (2) Code Section 40-5-3, relating to the appointment of employees of the Department of Public Safety as notaries public; (3) Code Section 40-5-22, relating to persons who are not to be issued drivers' licenses; (4) Code Section 40-5-24, relating to instruction permits and temporary licenses; (5) Code Section 40-5-27, relating to the examination of applicants for drivers' licenses; (6) Code Section 40-5-34, relating to the Driver License Advisory Board; (7) Code Section 40-5-57, relating to the suspension or revocation of license of habitu ally negligent or dangerous driver; (8) Code Section 40-5-58, relating to habitual violators; (9) Code Section 40-5-64, relating to limited driving permits for certain offenders; (10) Code Section 40-5-66, relating to appeals from decisions of Department of Public Safety; (11) Code Section 40-5-71, relating to procedure upon notice of insurance cancellation; (12) Code Section 40-5-72, relating to the forwarding of license, tag, and tag registration to the Department of Public Safety; (13) Code Section 40-5-75, relating to the suspension of licenses by operation of law for conviction of possession of controlled substance or marijuana; (14) Code Section 40-5-82, relating to the administration of the Driver Improvement Program; (15) Code Section 40-5-83, relating to the establishment and approval of driver im provement clinics and programs; (16) Code Section 40-5-88, relating to administrative penalties levied by the commis sioner of public safety; (17) Code Section 40-5-100, relating to the authority of the Department of Public Safety to issue identification cards; 386 JOURNAL OF THE SENATE (18) Code Section 40-5-157, relating to the authority of the commissioner of public safety to enter into agreements, arrangements, or declarations; (19) Code Section 40-9-3, relating to the administration of the "Motor Vehicle Safety Responsibility Act"; (20) Code Section 40-9-33, relating to suspension of driver's license or operating privi lege and vehicle registration for failure to deposit security; (21) Code Section 40-9-37, relating to requirements for liability insurance policies; (22) Code Section 40-9-38, relating to surety bonds and real property bonds as security; (23) Code Section 40-9-39, relating to custody, disposition, and return of deposit; (24) Code Section 40-9-80, relating to methods of giving proof of financial responsibil ity; and (25) Code Section 40-9-82, relating to cancellation of insurance certificate. Section 32. Said Title 40 is further amended by striking from the following Code sec tions of said title the term "commissioner of public safety" or " commissioner" wherever it occurs and inserting in lieu thereof the term "director of the Georgia State Patrol"; (1) Code Section 40-8-154, relating to responsible agencies and officials under the "Georgia Motor Vehicle Emission Inspection and Maintenance Act"; (2) Code Section 40-8-156, relating to certificates of emission inspection required for vehicles in certain counties; (3) Code Section 40-5-158, relating to periodic inspection and maintenance of motor vehicles; (4) Code Section 40-8-159, relating to certification of emission inspection stations; (5) Code Section 40-8-161, relating to unlawful acts under the "Georgia Motor Vehicle Emission Inspection and Maintenance Act"; and (6) Code Section 40-8-162, relating to rules and regulations under the "Georgia Motor Vehicle Emission Inspection and Maintenance Act." Section 33. Said Title 40 is further amended by striking from the following Code sec tions of said title the term "Department of Public Safety" wherever it occurs and inserting in lieu thereof the term "department": (1) Code Section 40-5-22, relating to persons who are not to be issued drivers' licenses; (2) Code Section 40-5-25, relating to applications and fees for drivers' licenses; (3) Code Section 40-5-54, relating to the mandatory suspension of drivers' licenses; (4) Code Section 40-5-56, relating to the suspension of license or driving privilege for failure to respond to citation; (5) Code Section 40-5-58, relating to habitual violators; (6) Code Section 40-5-61, relating to the surrender and return of drivers' licenses; (7) Code Section 40-5-63, relating to periods of suspension of drivers' licenses; (8) Code Section 40-5-67, relating to seizure and disposition of driver's license of per sons charged with driving under the influence; (9) Code Section 40-5-68, relating to suspension of licenses by operation of law for fail ure to complete alcohol or drug program; (10) Code Section 40-5-69, relating to circumstances not affecting suspensions by opera tion of law; (11) Code Section 40-5-71, relating to procedure upon notice of insurance cancellation; WEDNESDAY, FEBRUARY 6, 1991 387 (12) Code Section 40-5-75, relating to the suspension of licenses by operation of law for conviction of possession of controlled substance or marijuana; (13) Code Section 40-5-82, relating to the administration of the Driver Improvement Program; (14) Code Section 40-5-100, relating to the authority of the Department of Public Safety to issue identification cards; (15) Code Section 40-5-121, relating to driving while license is suspended or revoked; (16) Code Section 40-5-142, relating to definitions under the "Uniform Commercial Driver's License Act"; (17) Code Section 40-5-144, relating to notice required of driver when convicted of vio lating certain laws or when license is suspended or revoked under the "Uniform Commercial Driver's License Act"; (18) Code Section 40-5-147, relating to requirements for issuance of license or instruc tion permit under the "Uniform Commercial Driver's License Act"; (19) Code Section 40-5-148, relating to nonresident commercial drivers' licenses; (20) Code Section 40-5-149, relating to applications for commercial drivers' licenses; (21) Code Section 40-5-150, relating to content and classifications of commercial driv ers' licenses; (22) Code Section 40-5-151, relating to disqualification from driving a commercial motor vehicle; (23) Code Section 40-5-153, relating to implied consent to chemical test with respect to persons who drive commercial motor vehicles; (24) Code Section 40-5-154, relating to notice to licensing state of conviction of nonres ident licensee for violation of state law or local ordinance; (25) Code Section 40-5-155, relating to information to be available to driver's license administrators of other states, employers, and insurers; (26) Code Section 40-5-157, relating to the authority of the commissioner of public safety to enter into agreements, arrangements, or declarations; (27) Code Section 40-5-159, relating to violations under the "Uniform Commercial Driver's License Act"; (28) Code Section 40-5-171, relating to the issuance and contents of handicapped indentification cards; and (29) Code Section 40-5-154, relating to responsible agencies and officials under the "Georgia Motor Vehicle Emission Inspection and Maintenance Act." Section 34. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking in its entirety Chapter 13, known as "The Driver Training School License Act," and inserting in lieu thereof a new Chapter 13 to read as follows: "CHAPTER 13 43-13-1. This chapter may be cited as 'The Driver Training School Act.' 43-13-2. As used in this chapter, the term: (1) 'Driver training schools' means any person, partnership, or corporation giving driv ing instruction to ten or more persons per calendar year for the purpose of assisting such persons to meet the requirements for licensed driving of motor vehicles in this state. (2) 'Driver's license examiners' means examiners appointed by the director of the Geor gia State Patrol for the purpose of giving driver's license examinations. 388 JOURNAL OF THE SENATE (3) 'Motor vehicle' means every vehicle which is self-propelled upon, or by which any person or property is or may be transported or drawn upon, a public highway except devices used exclusively upon stationary rails or tracks. (4) 'Person' means every natural person, firm, partnership, association, corporation, or school. 43-13-3. No person shall operate a driver training school or engage in the business of giving instruction for hire in the driving of motor vehicles or in the preparation of an appli cant for examination given by driver's license examiners for a driver's license or permit unless a license therefor has been secured from the Georgia State Patrol. 43-13-4. Every person who desires to operate a driver training school shall meet the following requirements: (1) Be of good moral character; (2) Maintain an established place of business which is open to the public; (3) Maintain bodily injury and property damage liability insurance on motor vehicles while used in driver training instruction, insuring the liability of the driver training school, the driving instructors, and any person taking instruction, in at least the following amounts: $100,000.00 for bodily injury to or death of one person in any one accident and, subject to such limit for one person, $200,000.00 for bodily injury to or death of two or more persons in any one accident and the amount of of $20,000.00 for damage to property of others in any one accident. Evidence of such insurance coverage, in the form of a certificate from the insurance carrier, shall be filed with the Georgia State Patrol; and such certificate shall stipulate that the insurance shall not be canceled except upon ten days' prior written notice to the Georgia State Patrol. Such insurance shall be written by a company authorized to do business in this state; (4) Provide a continuous surety company bond in the principal sum of $2,500.00 for the protection of the contractual rights of students in such form as will meet with the approval of the Georgia State Patrol and written by a company authorized to do business in this state; provided, however, that the aggregate liability of the surety for all breaches of the condition of the bond in no event shall exceed the principal sum of $2,500.00. The surety on any such bond may cancel such bond on giving 30 days' notice thereof in writing to the Georgia State Patrol and shall be relieved of liability for any breach of any condition of the bond which occurs after the effective date of cancellation; (5) Have the equipment necessary to the giving of proper instruction in the operation of motor vehicles as prescribed by the Georgia State Patrol; and (6) Pay to the Georgia State Patrol an application fee of $25.00. 43-13-5. Every person who desires to qualify as an instructor for a driver training school shall meet the following requirements: (1) Be of good moral character; (2) Present to the Georgia State Patrol evidence of credit in driver education and safety from an accredited college or university equivalent to credits in those subjects which are required of instructors in the public schools of this state, or give satisfactory performance on a written, oral, performance, or combination examination administered by the Georgia State Patrol testing both knowledge of the field of driver education and skills necessary to in struct and impart driving skills and safety to students. The examination shall be adminis tered quarterly or upon the written application of four or more prospective licensees. The examination fee shall not exceed $25.00; (3) Be physically able to operate safely a motor vehicle and to instruct others in the operation of motor vehicles; (4) Hold a valid driver's license; and (5) Pay to the Georgia State Patrol an application fee of $5.00. WEDNESDAY, FEBRUARY 6, 1991 389 43-13-6. (a) The Georgia State Patrol shall issue a license certificate to each operator of a driver training school or to each driver training instructor when the Georgia State Patrol is satisfied that such person has met the qualifications required under this chapter. (b) All licenses issued to driver training schools or driver training instructors pursuant to this chapter shall be valid for one year from the date of issuance unless sooner canceled, suspended, or revoked under Code Section 43-13-7. All licenses shall be renewed annually through the Georgia State Patrol as provided in subsection (d) of this Code section and shall be valid for one year from the date of renewal. (c) The license of each driver training school and each driver training instructor may be renewed subject to the same conditions as the original license and upon payment of the same fee. (d) All applications for renewal of a driver training school's license or driver training instructor's license shall be on a form prescribed by the Georgia State Patrol and must be filed with the Georgia State Patrol not more than 60 days nor less than ten days preceding the expiration date of the license to be renewed. 43-13-6.1. The director of the Georgia State Patrol shall be authorized to issue a special license to the instructor of any driver training school who is qualified to teach the alcohol and drug course prescribed in subsection (b) of Code Section 20-2-142. A driver training school shall offer such alcohol and drug course only through a qualified instructor and shall not charge a fee for such course of more than $25.00. 43-13-7. The Georgia State Patrol may cancel, suspend, revoke, or refuse to renew any driver training school's or driver training instructor's license upon good cause being shown and after ten days' notice to the license holder if: (1) The Georgia State Patrol is satisfied that a licensee fails to meet the requirements to receive or hold a license under this chapter; (2) The licensee fails to keep the records required by this chapter; (3) The licensee permits fraud or engages in fraudulent practices, with reference to ei ther the applicant or the Georgia State Patrol, or induces or countenances fraud or fraudu lent practices on the part of any applicant for a driver's license or permit; (4) The licensee fails to comply with this chapter or any rule of the Georgia State Patrol made pursuant thereto; (5) The licensee represents himself as an agent or employee of the Georgia State Patrol or uses advertising designed to lead, or which would reasonably have the effect of leading, persons to believe that such licensee is in fact an employee or representative of the Georgia State Patrol; (6) The licensee or any employee or agent of the licensee solicits driver training or instruction in an office of any department of the state having to do with the administration of any law relating to motor vehicles; or (7) The licensee or any employee or agent serving as a driver training instructor has had his license canceled, suspended, or revoked. 43-13-8. The Board of Public Safety is authorized to prescribe, by rule, standards for the eligibility, conduct, equipment, and operation of driver training schools and instructors and to adopt other reaonable rules and regulations to carry out this chapter. 43-13-9. All moneys received under this chapter shall be deposited with the Fiscal Divi sion of the Department of Administrative Services. 43-13-10. This chapter shall not apply to an accredited secondary school, junior college, or college conducting a driver training course; nor shall it apply to driver improvement schools operated by the state or by a county or municipality. 43-13-11. Any person violating this chapter shall be guilty of a misdemeanor." 390 JOURNAL OF THE SENATE Section 35. Said Title 43 is further amended by striking in its entirety Chapter 16, relating to firearms dealers, and inserting in lieu thereof a new Chapter 16 to read as follows: "CHAPTER 16 43-16-1. As used in this chapter, the term 'board' means the Board of Public Safety. 43-16-2. Any person, firm, retail dealer, wholesale dealer, pawnbroker, or corporation who shall sell, dispose of, or offer for sale or cause or permit to be sold, disposed of, or offered for sale any pistol, revolver, or short-barreled firearm of less than 15 inches in length, whether the same shall be his own property or whether he shall sell the same as an agent or employee of another, shall obtain from the Georgia State Patrol a license permit ting the sale of such pistols, revolvers, and firearms. Nothing in this chapter shall apply to or prohibit the casual sales of the articles referred to in this Code Section between individu als or bona fide gun collectors. 43-16-3. Any person, firm, retail dealer, wholesale dealer, pawnbroker, or corporation who makes application for a license under this chapter must accompany such application with an affidavit of the applicant sworn to before an officer authorized by law to administer oaths, stating that the applicant is a citizen of the United States, has reached the age of 21 years, and has not been convicted of a felony. 43-16-4. There shall be filed with the application for a license under this chapter a bond for the sum of $1,000.00, payable to the State of Georgia and conditioned upon the faithful performance of all provisions of this chapter, signed by the applicant as principal, and with a surety company or two individuals as securities. Such bond must be approved by the Georgia State Patrol. 43-16-5. All annual license fees described by this chapter shall be paid to the Georgia State Patrol on or before July 1 of each year. The Georgia State Patrol shall issue its receipt for every payment. The annual license payment to acquire such license shall be $25.00 for the owner of any establishment which sells any firearms listed in Code Section 43-16-2. The annual employee license fee shall be $3.00. 43-16-6. All fees derived under this chapter shall be paid into the general fund of the state treasury; and the funds necessary to pay the expense of administering this chapter shall be derived from appropriations made to the Georgia State Patrol. 43-16-7. Every recipient of a license to sell any firearms listed in Code Section 43-16-2 shall keep such license conspicuously displayed on his business premises. 43-16-8. Should any licensee fail or neglect to pay his annual license fee on or before July 1 of every year, the Georgia State Patrol shall notify him that his license will be re voked. Unless the fee is paid in full before August 1 of the same year, the Georgia State Patrol shall revoke the license. 43-16-9. The owner of any establishment or employee thereof whose license for selling such firearms has been revoked for failure to pay the annual license fee may make applica tion to the Georgia State Patrol for reinstatement. Such application shall be accompanied by a fee of $10.00, in addition to the regular license fee required. If the Georgia State Patrol shall find the applicant guilty only of default in payment of annual license fees, the license may be immediately reinstated. 43-16-10. The Georgia State Patrol shall have the power to revoke any license granted by it under this chapter to any person, firm, retail dealer, wholesale dealer, pawnbroker, or corporation, or any agent or employee thereof, found by the board to be guilty of fraud or willful misrepresentation, or found guilty under the laws of this state of any crime involving moral turpitude, or found guilty of violating Code Section 16-11-101. 43-16-10.1. (a) As a condition of any license issued pursuant to this chapter, each licen see shall be required to keep a record of the acquisition and disposition of firearms as pro vided in this Code section. WEDNESDAY, FEBRUARY 6, 1991 391 (b) The record required by subsection (a) of this Code section shall be identical in form and context to the firearms acquisition and disposition record required by Part 178 of Chap ter 1 of Title 27 of the Code of Federal Regulations as it exists on July 1, 1988. (c) The record required by subsection (a) of this Code section shall be maintained on the licensed premises and shall be open to the inspection of any duly authorized law en forcement officer during the ordinary hours of business or at any reasonable time. The rec ord of each acquisition or disposition of a firearm shall be maintained for a period of not less than five years. (d) The failure of a licensee to keep and maintain the records required by this Code section shall be grounds for revocation of the license. 43-16-11. All proceedings for the revocation of licenses issued under this chapter shall be governed by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' 43-16-12. Any person, firm, or corporation who violates this chapter shall be guilty of a misdemeanor." Section 36. Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, is amended by adding between paragraphs (36) and (37) of Code Section 47-2-1, relating to definitions used in Chapter 2 of Title 47, a new paragraph (36.1) to read as follows: "(36.1) 'Uniform Division' means and refers to the Uniform Division of the Department of Public Safety prior to the effective date of this paragraph and means the Uniform Divi sion of the Georgia State Patrol after the effective date of this paragraph; provided, how ever, that any reference to service in the Uniform Division, which service occurred prior to the effective date of this paragraph, means service in the Uniform Division of the Depart ment of Public Safety." Section 37. Said Chapter 2 of Title 47 is further amended by striking in its entirety subparagraph (b) (1) (B) of Code Section 47-2-110, relating to retirement ages, and inserting in lieu thereof a new subparagraph (B) to read as follows: "(B) Those employed by the Uniform Division as officers and troopers;". Section 38. Said Chapter 2 of Title 47 is further amended by striking in its entirety subsection (a) of Code Section 47-2-221, relating to disability allowances payable to mem bers of Uniform Division of Department of Public Safety, conservation rangers of Depart ment of Natural Resources, officers and agents of Georgia Bureau of Investigation, and alco hol or tobacco officers and agents of Department of Revenue for certain disabilities arising in the line of duty, and inserting in lieu thereof a new subsection (a) to read as follows: "(a) (1) Notwithstanding the disability allowance provided for in Code Section 47-2123, any member of the Uniform Division, any conservation ranger of the Department of Natural Resources, any officer of agent of the Georgia Bureau of Investigation, and any alcohol and tobacco officer or agent of the Department of Revenue who, while a contributing member of this retirement system and upon becoming permanently disabled due to an act of external violence or injury incurred in line of duty, becomes eligible for disability retire ment allowances shall, after a medical examination and upon certification by the medical board that such member is, in their opinion, permanently disabled, be entitled to a monthly allowance as computed on the member's life expectancy without option. Such monthly al lowance as shall be payable to the member only, during his life or length of disability, shall not exceed 80 percent of the service allowance that would have been payable to the member had he accumulated not more than 30 years of creditable service and had retired at age 65. Such allowance shall be computed on the basis of the member's monthly earnable compen sation for the month in which his permanently disability occurred. Such permanent disabil ity retirement shall apply regardless of the length of service of any such member; and such member shall be deemed to have acquired 30 or more years of creditable service. In addi tion, a member so disabled in the line of duty shall receive a monthly supplemental benefit which shall be in the amount of $5.00 per month for each year of creditable service as a 392 JOURNAL OF THE SENATE member of the Uniform Division, conservation ranger of the Department of Natural Re sources, alcohol and tobacco officer or agent of the Department of Revenue, or as an officer or agent of the Georgia Bureau of Investigation. Such additional monthly supplemental ben efit shall in no event exceed $15.00 per month. Any other provision of law to the contrary notwithstanding, any member of the Uniform Division who retired prior to July 1, 1970, as a result of becoming permanently disabled due to an act of external violence or injury in curred in the line of duty and who was a member of the retirement system on the date of the injury or act of violence shall be entitled to and shall receive the monthly supplemental benefit provided for in this subsection. (2) In lieu of the foregoing, any member so disabled in the line of duty shall be entitled to receive a minimum monthly disability retirement benefit equal to 2 percent of his monthly earnable compensation for the month in which his permanent disability occurred for each year of creditable service determined as though he had continued in service in the Uniform Division, as a conservation ranger of the Department of Natural Resources, as an alcohol and tobacco officer or agent of the Department of Revenue, or as an officer or agent of the Georgia Bureau of Investigation until his mandatory retirement age." Section 39. Said Chapter 2 of Title 47 is further amended by striking in its entirety Code Section 47-2-223, relating to retirement benefits for officers, noncommissioned officers, and troopers of the Uniform Division of the Department of Public Safety and officers and agents of the Georgia Bureau of Investigation, and inserting in lieu thereof a new Code Section 47-2-223 to read as follows: "47-2-223. (a) For purposes of this Code section, the term 'highest average compensa tion' means the member's highest average monthly earnable compensation during a period of eight consecutive calendar quarters while a member of the retirement system but shall not include any decrease in salary that is in excess of two 5 percent decreases during such eight calendar quarters. (b) Anything in this chapter to the contrary notwithstanding, every person who is in service in the Uniform Division as an officer, noncommissioned officer, or trooper, or as an officer or agent of the Georgia Bureau of Investigation on June 30, 1970, and every person who enters or reenters such service on or after July 1, 1970, shall retire upon attainment of the mandatory retirement age prescribed by this Code section; and upon retirement such retiree shall receive the regular retirement benefits under this chapter, provided that he shall in any case receive a minumum monthly retirement benefit equal to 2 percent of his highest average compensation for each year of creditable service by filing an application therefor in a manner similar to that provided in Code Section 47-2-110. (c) A member who is subject to this Code section shall be retired on the last day of the month following the month in which he attains 55 years of age. The mandatory retirement age may be waived by the director of the Georgia State Patrol as necessary to permit a member who entered service in the Uniform Division on or before December 31, 1965, to complete service sufficient to provide him with 25 years of total creditable service. Such member shall be retired on the last day of the month following the month in which he completes such service. This Code section shall not apply to the director or the deputy director of the Georgia State Patrol." Section 40. The following Code sections of the Official Code of Georgia Annotated are amended by striking the term "Uniform Division of the Department of Public Safety" wher ever it occurs and inserting in its place the term "Uniform Division of the Georgia State Patrol": (1) Code Section 12-3-235, relating to powers of the Jekyll Island--State Park Authority; (2) Code Section 12-3-236.1, relating to the power of the Jekyll Island--State Park Au thority to adopt and enforce ordinances and resolutions; and (3) Code Sections 45-20-2, relating to definitions used in Chapter 20 of Title 45 con cerning the State Merit System of Personnel Administration. WEDNESDAY, FEBRUARY 6, 1991 393 Section 41. The following Code sections of the Official Code of Georgia Annotated are amended by striking the terms "Department of Public Safety" and "commissioner of public safety" wherever they occur and inserting in their places the terms "Georgia State Patrol" and "director of the Georgia State Patrol", respectively: (1) Code Section 15-11-35, relating to the disposition of a delinquent child; (2) Code Section 16-11-8, relating to duties imposed on prosecuting attorneys, commis sioner of public safety, sheriffs, and police to furnish information and assistance; (3) Code Section 16-11-129, relating to license to carry a pistol or revolver; (4) Code Section 17-5-53, relating to the disposition of devices with historical or in structional value; (5) Code Section 17-6-2, relating to the acceptance of bail in misdemeanor cases; (6) Code Section 17-6-6, relating to the acceptance of cash bonds for traffic, game, fish, boating, or litter law violations; (7) Code Section 17-6-11, relating to the deposit of driver's license for the violation of laws pertaining to traffic, motor vehicles, motor common carriers, motor contract carriers, or road taxes on motor carriers; (8) Code Section 17-10-3, relating to punishment for misdemeanors generally; (9) Code Section 17-15-4, relating to the powers of the Georgia Crime Victims Compen sation Board; (10) Code Section 20-2-142, relating to prescribed courses under the "Quality Basic Ed ucation Act"; (11) Code Section 20-2-144, relating to mandatory instruction concerning alcohol and drug use; (12) Code Section 20-3-451, relating to definitions with respect to grants to children of law enforcement officers, firemen, and prison guards; (13) Code Section 21-2-221, relating to application to registration officer for voter registration; (14) Code Section 21-3-125, relating to qualifications of voters in municipal elections; (15) Code Section 24-3-17, relating to the admissibility in juducial proceedings or ad ministrative hearings of certified copies of records of the Department of Public Safety; (16) Code Section 25-4-3, relating to the Georgia Firefighter Standards and Training Council; (17) Code Section 27-1-18, relating to the powers of conservation rangers generally; (18) Code Section 32-2-2, relating to the powers and duties of the Department of Trans portation generally, (19) Code Section 32-6-3, relating to the deposit of driver's license with arresting officer in lieu of bail or incarceration; (20) Code Section 32-6-27, relating to enforcement of load limitations on public roads; (21) Code Section 32-6-30, relating to the stopping of vehicles for the purpose of weigh ing, measuring, or inspecting the same; (22) Code Section 32-6-113, relating to the design of limited-access roads; (23) Code Section 33-34-10, relating to requirement of proof of insurance prior to licens ing of motor vehicles; (23.1) Code Section 33-34-13, relating to the authority of the Commissioner of Insur ance and the commissioner of public safety to adopt rules and regulations; 394 JOURNAL OF THE SENATE (24) Code Section 33-34-16, relating to reductions in premiums for motor vehicle insur ance policies; (25) Code Section 37-7-3, relating to the coordination of state drug and alcohol abuse programs; (26) Code Section 37-8-4, relating to duties of the Department of Human Resources with respect to the treatment of alcoholics and intoxicated persons; (27) Code Section 40-1-1, relating to definitions of terms in Title 40; (28) Code Section 40-2-82, relating to distinctive license plates for the Department of Public Safety and troopers of the Georgia State Patrol; (29) Code Section 40-6-9, relating to challenges to speed limits and other traffic regula tions established or enforced by local governing authorities; (30) Code Section 40-6-163, relating to the duty of driver of vehicle meeting or overtak ing a school bus; (31) Code Section 40-6-182, relating to the establishment of state speed zones; (32) Code Section 40-6-184, relating to impeding traffic flow; (33) Code Section 40-6-186, relating to racing on highways or streets; (34) Code Section 40-6-221, relating to definitions under the "Handicapped Parking Law"; (35) Code Section 40-6-222, relating to permits for handicapped parking; (36) Code Section 40-6-223, relating to the prohibition against fees for handicapped parking permits; (37) Code Section 40-6-277, relating to the requirement of sheriffs to report deaths from traffic accidents; (38) Code Section 40-6-296, relating to lights and other equipment on bicycles; (39) Code Section 40-6-297, relating to reflectors on pedals of bicycles; (40) Code Section 40-6-330, relating to hours of operation for motorized carts; (41) Code Section 40-6-375, relating to citations for violations of the uniform rules of the road; (42) Code Section 40-6-391.1, relating to the entry of a plea of nolo contendere to a charge of driving under the influence of alcohol or drugs; (43) Code Section 40-8-73.1, relating to the affixing of materials which reduce light transmission through windows or windshields of vehicles; (44) Code Section 40-8-76.1, relating to the use of safety belts in passenger vehicles; (45) Code Section 40-8-77, relating to the requirement of an energy absorption system on certain vehicles; (46) Code Section 40-8-78, relating to the requirement of safety glazing on motor vehicles; (47) Code Section 40-8-91, relating to marking and equipment of law enforcement vehicles; (48) Code Section 40-8-200, relating to the inspection of vehicles by officers of the De partment of Public Safety; (49) Code Section 40-8-201, relating to duties of owners and drivers of vehicles; (50) Code Section 40-8-220, relating to the inspection of public school buses; (51) Code Section 40-11-3.1, relating to unattended vehicle checks; WEDNESDAY, FEBRUARY 6, 1991 395 (52) Code Section 40-13-1, relating to the form of the uniform traffic citation and com plaint form to be developed by the commissioner of public safety; (53) Code Section 40-13-3, relating to traffic offenses triable on complaint without in dictment except in superior courts; (54) Code Section 40-13-32, relating to restrictions on the ability of courts to change or modify traffic law sentences or judgments; (55) Code Section 40-13-33, relating to limitation on habeas corpus challenge of misde meanor traffic conviction; (56) Code Section 40-13-54, relating to the disposition of original and copies of citation and complaint; (57) Code Section 40-14-1, relating to definitions used in Chapter 14 of Title 40; (58) Code Section 40-14-2, relating to permits required for use of radar speed detection devices; (59) Code Section 40-14-3, relating to applications for permits for radar speed detection devices; (60) Code Section 40-14-4, relating to compliance with rules of the Federal Communica tions Commission; (61) Code Section 40-14-16, relating to restrictions on suspension or revocation of driv ers' licenses; (62) Code Section 43-25-2, relating to the requirement of license for persons conducting motor vehicle races; (63) Code Section 43-25-3, relating to application and fee to conduct motor vehicle races; (64) Code Section 43-25-4, relating to compliance with Safety Fire Commissioner's regulations; (65) Code Section 43-25-5, relating to cancellation of insurance or bonds with respect to conducting motor vehicle races; (66) Code Section 43-25-6, relating to duration of licenses to conduct motor vehicle races; (67) Code Section 43-25-7, relating to the suspension or revocation of licenses to con duct motor vehicle races; (68) Code Section 43-48-6, relating to general powers of the State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers; (69) Code Section 45-7-7, relating to the compensation and allowances of certain offi cials which are not to be changed without giving public notice; (70) Code Section 45-7-30, relating to reimbursement of state officials or employees for expenses of lodging and air fare; (71) Code Section 45-9-83, relating to the creation and composition of the Georgia State Indemnification Commission; (72) Code Section 45-12-31, relating to the powers of the Governor to prevent violence and maintain order; (73) Code Section 46-5-129, relating to the use of the "911" emblem; (74) Code Section 46-11-4, relating to the regulation of transportation of hazardous materials; (75) Code Section 47-2-1, relating to definitions with respect to the Employees' Retire ment System of Georgia; 396 JOURNAL OF THE SENATE (76) Code Section 47-2-222, relating to the power of board of trustees to increase nor mal and accrued liability contribution rates for Department of Public Safety, Department of Natural Resources, and Department of Revenue; (77) Code Section 48-9-15, relating to officers required to assist in enforcing the "Motor Fuel Tax Law"; (78) Code Section 48-9-43, relating to the assistance of the Department of Public Safety in administration and enforcement of the road tax on motor carriers; (79) Code Section 50-5-31, relating to definitions under the "State Space Management Act of 1976"; and (80) Code Section 50-9-9, relating to disruptions of state employees and the employ ment of security guards to protect property. Section 42. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 43. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Langford Marable Newbill Olmstead Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 43rd White Those voting in the negative were Senators: Egan Kidd Phillips Those not voting were Senators: Bowen Moye Walker of 22nd On the passage of the bill, the yeas were 50, nays 3. The bill, having received the requisite constitutional majority, was passed by substitute. WEDNESDAY, FEBRUARY 6, 1991 397 SB 89. By Senator Edge of the 28th: A bill to amend Code Section 40-8-71 of the Official Code of Georgia Annotated, relating to motor vehicle exhaust systems, so as to provide that certain motor vehicles operated on racetracks shall be equipped with mufflers. Senator Edge of the 28th moved that SB 89 be postponed until Wednesday, February 13. On the motion, the yeas were 40, nays 1; the motion prevailed, and SB 89 was post poned until Wednesday, February 13. Senator Edge of the 28th introduced the doctor of the day, Dr. Clifford Cranford, of Newnan, Georgia. Senator Garner of the 30th moved that the Senate do now adjourn until 9:15 o'clock A.M. tomorrow, and the motion prevailed. At 10:56 o'clock A.M., the President announced the Senate adjourned until 9:15 o'clock A.M. tomorrow. 398 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Thursday, Febuary 7, 1991 Sixteenth Legislative Day The Senate met pursuant to adjournment at 9:15 o'clock A.M. today and was called to order by the President. Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House: HB 490. By Representatives Griffin of the 6th, Mann of the 6th and Poag of the 3rd: A bill to provide for shortening the terms of office and for the election of mem bers of the Board of Education of Whitfield County. HB 497. By Representatives Hammond of the 20th, Atkins of the 21st, Coker of the 21st, Mills of the 20th, Clark of the 20th, Post 4 and others: A bill to amend an Act creating a board of commissioners for Cobb County, as amended, so as to change the provisions relative to the compensation of the chairman and members of the board of commissioners. HB 524. By Representative Murphy of the 18th: A bill to amend an Act reincorporating the City of Tallapoosa in the County of Haralson, as amended, so as to change provisions relating to the tenure of office and removal from office of the City Manager of the City of Tallapoosa. HB 442. By Representatives Buck of the 95th, Floyd of the 135th, Powell of the 13th, Bates of the 141st, Cummings of the 17th and others: A bill to amend Code Section 47-16-61 of the Official Code of Georgia Annotated, relating to payments to the Sheriffs' Retirement Fund of Georgia from fees col lected in civil actions, so as to increase the additional sum collected in certain civil actions. HB 317. By Representative Herbert of the 76th: A bill to amend Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, known as the "Nonpublic Postsecondary Educational In stitutions Act of 1990," so as to change the provisions relative to certain defini tions; to change the provisions relative to qualifications of certain personnel of postsecondary educational institutions. HB 318. By Representative Herbert of the 76th: A bill to amend Code Section 20-3-250.11 of the Official Code of Georgia Anno tated, relating to fees and their collection, so as to change the provisions relative to fees. THURSDAY, FEBRUARY 7, 1991 399 HB 320. By Representative Herbert of the 76th: A bill to amend Article 2 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, relating to technical and adult education, so as to require the State Board of Technical and Adult Education to develop and implement a policy for a reduction in force. HB 287. By Representatives Greene of the 130th, Edwards of the 112th, Holmes of the 28th and Canty of the 38th: A bill to amend Chapter 45 of Title 36 of the Official Code of Georgia Annotated, known as the "Georgia Municipal Training Act," so as to designate existing Code sections as Article 1; to change the composition of the board of directors of the Georgia Municipal Training Institute. HB 461. By Representatives Chambless of the 133rd and Thomas of the 69th: A billl to amend Article 7 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to continuances, so as to change the provisions relating to continuance for the absence of a witness and what the application is to show. HB 245. By Representatives Jackson of the 9th, Parham of the 105th, Harris of the 84th and Barnett of the 10th: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to comprehensively revise, reorganize, modernize, consolidate, and clarify the laws relative to registration and licensing and certifi cates of title for motor vehicles, drivers' licenses, equipment and inspection of motor vehicles, reporting of accidents, prosecution of traffic offenses, and the use of radar speed detection devices. HB 493. By Representatives Watts of the 41st, Murphy of the 18th and Cummings of the 17th: A bill to provide for an additional assistant district attorney for the Tallapoosa Judicial Circuit and provide for appointment, qualifications, employment status, duties, compensation, and expenses of such office. HB 441. By Representatives Cummings of the 17th, Baker of the 51st and Smith of the 78th: A bill to amend Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firemen's Pension Fund, so as to provide certain defini tions; to change the requirements for eligibility in such fund; to change certain provisions relating to leaves of absence from and reinstatement to such fund. HB 313. By Representative Campbell of the 23rd: A bill to amend Code Section 36-32-21 of the Official Code of Georgia Annotated, relating to definitions of terms used in Article 2 of Chapter 32 of Title 36, known as "The Georgia Municipal Courts Training Council Act," so as to change the definition of the term "certified municipal judge". HB 241. By Representatives Lord of the 107th, Poston of the 2nd, Breedlove of the 60th, Wall of the 61st, Barfoot of the 120th and others: A bill to amend Code Section 38-3-27 of the Official Code of Georgia Annotated, relating to local organizations for emergency management, so as to provide that the governing authority of each county shall establish a local organization for emergency management; to authorize cities to establish local organizations for emergency management. 400 JOURNAL OF THE SENATE The House has adopted by the requisite constitutional majority the following resolu tions of the House: HR 229. By Representatives Murphy of the 18th, Walker of the 115th, Groover of the 99th, Lee of the 72nd, Connell of the 87th and others: A resolution relative to adjournment. HR 233. By Representatives Twiggs of the 4th, Colwell of the 4th and Dover of the llth: A resolution recognizing the Georgia Mountain Fair, Inc., "Ole Time Fiddlers Convention" as the official state fiddlers convention. The following bills and resolution of the Senate were introduced, read the first time and referred to committees: SB 237. By Senator Shumake of the 39th: A bill to amend an Act creating the Board of Commissioners of Fulton County, as amended, so as to authorize the board of commissioners to prohibit the sale of copper wiring by any person who has not obtained clearance and authorization for such sale from a law enforcement agency within Fulton County. Referred to Committee on Urban and County Affairs. SB 238. By Senators Deal of the 49th, Perry of the 7th, Ray of the 19th and Phillips of the 9th: A bill to amend Article 7 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to continuances, so as to provide for a continuance in any case where any party thereto or his leading counsel is absent from the court by reason of his service in the armed forces when such service directly prevents his attendance in court. Referred to Committee on Judiciary. SB 239. By Senator Kidd of the 25th: A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to provide for limitations on expenditures made by or on behalf of candidates for public office in certain elections; to pro vide that violating the expenditures limitations shall constitute a misdemeanor; to provide a penalty; to provide for applicability. Referred to Committee on Governmental Operations. SB 240. By Senators Kidd of the 25th, Hammill of the 3rd, White of the 48th and Hill of the 4th: A bill to amend Part I of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Comprehensive Solid Waste Manage ment Act," so as to require certain additional information in reports made by cities and counties to the Department of Community Affairs relating to the sta tus of solid waste management in their local jurisdictions; to authorize the impo sition of certain restrictions regarding certain hazardous waste, wastepaper, or bottles and cans; to define a certain term. Referred to Committee on Natural Resources. SB 241. By Senator Timmons of the llth: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Miller County during designated regis- THURSDAY, FEBRUARY 7, 1991 401 tration 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 242. By Senators Kidd of the 25th, Hammill of the 3rd and Hill of the 4th: A bill to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Comprehensive Solid Waste Manage ment Act," so as to prohibit the issuance of a permit for a disposal facility to any person, other than a political subdivision, who has operated or is currently oper ating an active CERCLIS site unless and until certain remedial action has been taken at such disposal facility as certified by the administrator of the federal Environmental Protection Agency. Referred to Committee on Natural Resources. SB 243. By Senators Coleman of the 1st and Alien of the 2nd: A bill to amend Part 7 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of laundries, cleaners, dyers, tailors, and other similar establishments, so as to provide for an alternative method for the satisfaction of such liens; to provide for a certain notice at the time property is delivered for the performance of services. Referred to Committee on Judiciary. SB 244. By Senators Coleman of the 1st, Hooks of the 14th, Thompson of the 33rd and Hill of the 4th: A bill to amend Title 6 of the Official Code of Georgia Annotated, relating to aviation, so as to enact the "Georgia Airport Development Authority Law"; to provide for a short title; to provide for legislative purpose; to provide for defini tions; to provide for creation of the authority. Referred to Committee on Transportation. SB 245. By Senators Ray of the 19th, Kidd of the 25th, Hill of the 4th 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 employees of the Department of Corrections may retire at 55 years of age, with at least ten years of creditable service, and may receive benefits accrued to such time; to provide an effective date. Referred to Committee on Retirement. SB 246. By Senators Newbill of the 56th, Clay of the 37th, Thompson of the 33rd and Ragan of the 32nd: A bill to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees of the clerks of superior courts, so as to provide that sheriffs shall be exempt from paying the clerks' recording fees for criminal bonds and writs of fieri facias issued on criminal bond forfeitures. Referred to Committee on Judiciary. SB 247. By Senator White of the 48th: A bill to amend Code Section 40-6-315 of the Official Code of Georgia Annotated, relating to headgear and eye-protective devices for motorcycle riders, so as to change the requirement of wearing of headgear so that it will only apply to cer tain persons. Referred to Committee on Youth, Aging and Human Ecology. 402 JOURNAL OF THE SENATE SB 248. By Senator Olmstead of the 26th: A bill 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 change the age limits for minors involved in certain prohibited transactions relating to cigarettes and tobacco related objects. Referred to Committee on Youth, Aging and Human Ecology. SB 249. By Senators Tate of the 38th, Clay of the 37th, Bishop of the 15th and others: A bill to amend Code Section 47-3-101 of the Official Code of Georgia Annotated, relating to service retirement under the Teachers Retirement System of Georgia, so as to provide for an alternative service retirement allowance; to provide for other matters relative thereto; to provide conditions for an effective date and for automatic repeal. Referred to Committee on Retirement. SB 250. By Senator Shumake of the 39th: A bill to amend an Act fixing the compensation of the board of commissioners of counties having a population of 550,000 or more according to the United States decennial census of 1970 or any future such census, as amended; to change the provisions relating to the compensation of the chairman and other members of the board of commissioners of such counties; to provide an effective date. Referred to Committee on Judiciary. SB 251. By Senators Olmstead of the 26th, Harris of the 27th, Perdue of the 18th and others: A bill to regulate the use and nonuse of legal agricultural products; to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding offenses against public health and morals, so as to change certain provisions relating to smoking in public places; to provide for legislative intent; to provide for definitions. Referred to Committee on Youth, Aging and Human Ecology. SR 146. By Senators Hammill of the 3rd, English of the 21st, Walker of the 22nd and Ray of the 19th: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for the Technology Related Assis tance Trust Fund for Individuals with Disabilities by providing for additional penalties or fees in certain cases in any court in this state in which a person is adjudged guilty of such an offense against the criminal or traffic laws of this state or an ordinance of a political subdivision of this state; to provide for the submis sion of this amendment for ratification or rejection. Referred to Committee on Youth, Aging and Human Ecology. The following bills of the House were read the first time and referred to committees: HB 241. By Representatives Lord of the 107th, Poston of the 2nd, Breedlove of the 60th and others: A bill to amend Code Section 38-3-27 of the Official Code of Georgia Annotated, relating to local organizations for emergency management, so as to provide that the governing authority of each county shall establish a local organizations for emergency management; to authorize cities to establish local organizations for emergency management. Referred to Committee on Defense and Veterans Affairs. THURSDAY, FEBRUARY 7, 1991 403 HB 245. By Representatives Jackson of the 9th, Parham of the 105th, Harris of the 84th and Barnett of the 10th: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to comprehensively revise, reorganize, modernize, consolidate, and clarify the laws relative to registration and licensing and certifi cates of title for motor vehicles, drivers' licenses, equipment and inspection of motor vehicles, reporting of accidents, prosecution of traffic offenses, and the use of radar speed detection devices. Referred to Committee on Public Safety. HB 287. By Representatives Greene of the 130th, Edwards of the 112th, Holmes of the 28th and Canty of the 38th: A bill to amend Chapter 45 of Title 36 of the Official Code of Georgia Annotated, known as the "Georgia Municipal Training Act," so as to designate existing Code Sections as Article 1; to change the composition of the board of directors of the Georgia Municipal Training Institute. Referred to Committee on Urban and County Affairs (General). HB 313. By Representative Campbell of the 23rd: A bill to amend Code Section 36-32-21 of the Official Code of Georgia Annotated, relating to definitions of terms used in Article 2 of Chapter 32 of Title 36, known as "The Georgia Municipal Courts Training Council Act," so as to change the definition of the term "certified municipal judge". Referred to Committee on Special Judiciary. HB 317. By Representative Herbert of the 76th: A bill to amend Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, known as the "Nonpublic Postsecondary Educational In stitutions Act of 1990," so as to change the provisions relative to certain defini tions; to change the provisions relative to qualifications of certain personnel of postsecondary educational institutions. Referred to Committee on Higher Education. HB 318. By Representative Herbert of the 76th: A bill to amend Code Section 20-3-250.11 of the Official Code of Georgia Anno tated, relating to fees and their collection, so as to change the provisions relative to fees. Referred to Committee on Higher Education. HB 320. By Representative Herbert of the 76th: A bill to amend Article 2 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, relating to technical and adult education, so as to require the State Board of Technical and Adult Education to develop and implement a policy for a reduction in force. Referred to Committee on Higher Education. HB 441. By Representatives Cummings of the 17th, Baker of the 51st and Smith of the 78th: A bill to amend Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firemen's Pension Fund, so as to provide certain defini tions; to change the requirements for eligibility in such fund; to change certain provisions relating to leaves of absence from and reinstatement to such fund. Referred to Committee on Retirement. 404 JOURNAL OF THE SENATE HB 442. By Representatives Buck of the 95th, Floyd of the 135th, Powell of the 13th and others: A bill to amend Code Section 47-16-61 of the Official Code of Georgia Annotated, relating to payments to the Sheriffs' Retirement Fund of Georgia from fees col lected in civil actions, so as to increase the additional sum collected in certain civil actions. Referred to Committee on Retirement. HB 461. By Representatives Chambless of the 133rd and Thomas of the 69th: A bill to amend Article 7 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to continuances, so as to change the provisions relating to continuance for the absence of a witness and what the application is to show. Referred to Committee on Judiciary. HB 493. By Representatives Watts of the 41st, Murphy of the 18th and Cummings of the 17th: A bill to provide for an additional assistant district attorney for the Tallapoosa Judicial Circuit and provide for appointment, qualifications, employment status, duties, compensation, and expenses of such office. Referred to Committee on Judiciary. HB 490. By Representatives Griffin of the 6th, Mann of the 6th and Poag of the 3rd: A bill to provide for shortening the terms of office and for the election of mem bers of the Board of Education of Whitfield County. Referred to Committee on Urban and County Affairs. HB 497. By Representatives Hammond of the 20th, Atkins of the 21st, Coker of the 21st and others: A bill to amend an Act creating a board of commissioners for Cobb County, as amended, so as to change the provisions relative to the compensation of the chairman and members of the board of commissioners. Referred to Committee on Urban and County Affairs. HB 524. By Representative Murphy of the 18th: A bill to amend an Act reincorporating the City of Tallapoosa in the County of Haralson, as amended, so as to change provisions relating to the tenure of office and removal from office of the City Manager of the City of Tallapoosa. Referred to Committee on Urban and County Affairs. The following reports of standing committees were read by the Secretary: Mr. President: The Committee on Education has had under consideration the following bill of the Sen ate and has instructed me to report the same back to the Senate with the following recommendation: SB 155. Do pass as amended. Respectfully submitted, Senator Foster of the 50th District, Chairman THURSDAY, FEBRUARY 7, 1991 405 Mr. President: The Committee on Finance and Public Utilities has had under consideration the follow ing 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 95. Do pass by substitute. SR 75. Do not pass. SB 195. Do pass. HB 263. Do pass. SB 202. Do pass. Respectfully submitted, Senator Starr of the 44th District, Chairman Mr. President: The Committee on Governmental Operations has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 160. Do pass. SB 222. Do pass. SB 161. Do pass by substitute. HB 201. Do pass. SB 168. Do pass by substitute. HB 202. Do pass. SB 190. Do pass by substitute. HB 204. Do pass. SB 220. Do pass. HB 209. Do pass. Respectfully submitted, Senator Kidd of the 25th District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following bill of the Sen ate and has instructed me to report the same back to the Senate with the following recommendation: SB 52. Do pass by substitute. Respectfully submitted, Senator Baldwin of the 29th 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 78. Do pass. HB 35. Do pass. HB 33. Do pass. HB 40. Do pass. HB 34. Do pass. HB 43. Do pass. Respectfully submitted, Senator Tate of the 38th District, Chairman Mr. President: The Committee on Transportation has had under consideration the following bill and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: 406 JOURNAL OF THE SENATE SB 158. SR 122. HR 156. Do pass. Do pass. Do pass. Respectfully submitted, Senator Coleman of the 1st District, Chairman Mr. President: The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following reommendations: SB 207. Do pass. SB 221. Do pass. SB 214. Do pass. HB 395. Do pass. Respectfully submitted, Senator Harris of the 27th District, Chairman The following bills and resolution of the Senate and House were read the second time: SB 110. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to provide that the offense of insurance fraud shall be a felony offense; to provide for the notification of law enforcement agen cies by insurers when such insurer has knowledge of a fraudulent insurance act which has not been reported to a law enforcement agency. SB 133. By Senator Hasty of the 51st: A bill to amend Code Section 44-5-60 of the Official Code of Georgia Annotated, relating to convenants running with the land, so as to change the provisions re garding the continuation of such covenants. SB 142. By Senator Ramsey of the 54th: A bill to amend Chapter 14 of Title 12 of the Official Code of Georgia Annotated, relating to oil or hazardous material spills or releases, so as to define certain terms; to provide for reporting of spills or releases of hazardous substances in certain amounts. SB 164. By Senators Clay of the 37th, Newbill of the 56th, Ragan of the 32nd, Thompson of the 33rd and others: A bill to amend Article 4 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, the "Peace Officer and Prosecutor Training Fund Act of 1983," so as to provide that funds remitted pursuant to such Act shall be disbursed on an annual basis to the Georgia Public Safety Training Center and the Georgia Peace Officer Standards and Training Council; to establish the percentage of such disbursement. SB 170. By Senator Ramsey of the 54th: A bill to amend Part 8 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of hospitals, so as to change the time period for perfecting a lien. THURSDAY, FEBRUARY 7, 1991 407 SB 171. By Senator Ramsey of the 54th: A bill to amend Code Section 15-16-21 of the Official Code of Georgia Annotated, relating to the fees for sheriff's services and the disposition of fees, so as to change certain fees for the services of a sheriff in civil and criminal cases. SB 172. By Senator Ramsey of the 54th: A bill to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to change the educational re quirements for appointment to the Uniform Division; to change the composition of the State Patrol Disciplinary Board. SB 178. By Senators Thompson of the 33rd, Newbill of the 56th, Dean of the 31st and Garner of the 30th: A bill to amend Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to criminal trial proceedings, so as to change the provisions regarding closed circuit television testimony by certain children who are victims or witnesses of certain crimes; to provide an effective date. SB 179. By Senators Coleman of the 1st, Alien of the 2nd and Hammill of the 3rd: A bill to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to provide for limited immunity from liability for persons responding to an oil spill or threat of an oil spill; to provide for defi nitions; to provide for applicability; to provide for certain liability regarding re moval costs and damages; to provide for liability with respect to certain responsi ble parties. SB 180. By Senators Ragan of the 10th, Foster of the 50th, Hasty of the 51st and others: A bill to amend Code Section 45-20-51 of the Official Code of Georgia Annotated, relating to definitions applicable to allowing voluntary deductions from wages or salaries of state employees for the benefit of certain charitable organizations, so as to change the definition of an eligible voluntary charitable organization to in clude the Georgia Fund for Technical and Adult Education, Inc. SB 181. By Senator Garner of the 30th: A bill to amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, so as to provide for continuing education for certain holders of certificates of registration; to provide for revocation and reinstatement of certificates. SB 183. By Senators Garner of the 30th and Olmstead of the 26th: 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 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 this Act shall be liable for the cost thereof; to provide an effective date. SB 186. By Senators Steinberg of the 42nd, Scott of the 36th and Henson of the 55th: A bill to amend Code Section 31-8-115 of the Official Code of Georgia Annotated, relating to use of payments made on behalf of residents of long-term care facili ties, so as to provide for irrevocable letters of credit instead of bonds for certain purposes. 408 JOURNAL OF THE SENATE SB 188. By Senators Hammill of the 3rd, Hill of the 4th and Tysinger of the 41st: A bill to amend Chapter 19 of Title 43 of the Official Code of Georgia Annotated, relating to geologists, so as to change certain provisions; to provide that the board may accept supervision by certain individuals; to change the provisions relating to certification in a specialty; to delete board approval of sources for seals. SB 189. By Senators Deal of the 49th and Garner of the 30th: A bill to amend Code Section 28-4-1, relating to the Legislative Services Commit tee of the General Assembly, so as to change the composition of the committee; to provide for related matters; to provide an effective date. SB 192. By Senators Olmstead of the 26th, Taylor of the 12th and Harris of the 27th: A bill to amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning, so as to abolish the Health Policy Council and create in its place the Health Strategies Council and provide for the composition and functions thereof; to provide for appointment and confirmation of members; to provide for member's terms, qualifications, removal, vacancies, and compensa tion; to provide for organization of the council; to provide for effective dates. SB 196. By Senators Edge of the 28th, Robinson of the 16th, Dean of the 31st and others: 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 certain persons owning or operating a combined sewer overflow to sub mit to the director of the Environmental Protection Division of the Department of Natural Resources a plan to eliminate or treat sewage overflow; to provide for certain contents of such plan. HB 2. By Representatives Childers of the 15th and Redding of the 50th: A bill to amend Code Section 31-22-1 of the Official Code of Georgia Annotated, relating to definitions regarding clinical laboratories, so as to include certain tis sue banks under the definition of "clinical laboratories". HB 247. By Representatives Parham of the 105th, Murphy of the 18th, Barnett of the 10th and Harris of the 84th: A bill to amend Code Section 40-5-22 of the Official Code of Georgia Annotated, relating to persons who may not be issued a driver's license, so as to provide for issuance of a restricted learner's permit to certain persons 14 years of age. HR 7. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st: A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may by law provide for a lottery or lotteries run by or on behalf of the state. The President called for the morning roll call, and the following Senators answered to their names: Albert Alien Baldwin Bishop Bowen Broun Burton Clay Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Harris Hasty THURSDAY, FEBRUARY 7, 1991 409 Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ramsey Ray Robinson Shumake Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 43rd White Those not answering were Senators: Coleman Hammill Henson Ragan of 32nd Scott Walker of 22nd Senator Marable of the 52nd introduced the chaplain of the day, Mr. Alvis Miller, Pul pit Minister of Oakhill Church of Christ, Rome, Georgia, who offered scripture reading and prayer. The following resolutions of the Senate and House were read and adopted: SR 143. By Senators Henson of the 55th and Huggins of the 53rd: A resolution commending Dr. Alicia P. Leizman. SR 144. By Senator Broun of the 46th: A resolution commending the travel industry in Georgia. SR 145. By Senator Broun of the 46th: A resolution commending Vicki Goetze. SR 147. By Senator Olmstead of the 26th: A resolution commending Major General Richard F. Gillis and the Warner Rob ins Air Logistics Center. SR 148. By Senator Turner of the 8th: A resolution congratulating the City of Hahira on the occasion of its centennial celebration. HR 233. By Representatives Twiggs of the 4th, Colwell of the 4th and Dover of the llth: Recognizing the Georgia Mountain Fair, Inc., "Ole Time Fiddlers Convention" as the official state fiddlers convention. Senator Dean of the 31st introduced Mr. Raymond Lester, who was commended by SR 117, adopted previously, and Mr. Glenn Edward Taylor, who was commended by SR 118, adopted previously. Senator Kidd of the 25th moved that the following bill of the House be withdrawn from the Senate Committee on Judiciary and committed to the Senate Committee on Govern mental Operations: HB 196. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd 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 410 JOURNAL OF THE SENATE that an unopposed candidate or the campaign committee of an unopposed candi date shall not be required to file certain disclosure reports. On the motion, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Gillis Hammill Harris Hasty Henson Hill Coleman Collins Deal Dean Echols Edge Egan English Foster Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey j^ay Robinson S_ humake X,tarr late Taylor Thompson Turner Tysinger Walker of 43rd White Those not voting were Senators: Dawkins Garner Scott Steinberg Timmons Walker of 22nd On the motion, the yeas were 50, nays 0; the motion prevailed, and HB 196 was with drawn from the Senate Committee on Judiciary and committed to the Senate Committee on Governmental Operations. 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 February 7, 1991 SIXTEENTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) SB 207 Edge, 28th Provides that totally disabled residents or residents 62 years or older of Spalding County substantiate their eligibility for homestead exemption, on a yearly basis. SB 214 Thompson, 33rd Clay, 37th Newbill, 56th Ragan, 32nd Provides allowance for the Cobb County Commission on Children and Youth to qualify for tax exempt treatment under the United States Internal Reve nue Code; to change the date upon which said Commission will be abolished. THURSDAY, FEBRUARY 7, 1991 411 SB 221 Olmstead, 26th Harris, 27th Perdue, 18th A bill to amend an Act entitled "Macon-Water Commissioners Pension Plan", as amended, so as to change certain provisions relating to employer contributions. HB 395 Timmons, llth Provides that the Board of Commissioners of Mitchell County may, by reso lution, change from time to time the number of members of the Mitchell County Hospital Authority, their terms of office, the manner of appointment, methods of rilling vacancies, and all other matters relative to the membership of said authority. The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to. On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bowen Burton Clay Coleman Collins Dawkins Deal Dean Edge Egan English Foster Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 43rd White Those not voting were Senators: Bishop Broun Echols Garner Langford Olmstead Shumake Walker of 22nd On the passage of all the local bills, the yeas were 48, nays 0. All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed. SENATE CALENDAR Thursday, February 7, 1991 SIXTEENTH LEGISLATIVE DAY SB 32 Remedial Education--eligibility requirements (Ed--56th) SB 71 School Evaluation--functions to be evaluated (Substitute) (Ed--56th) 412 JOURNAL OF THE SENATE SB 100 World Congress Center Authority Board of Governors--add two members (ED&T--45th) SB 127 Rockdale Judicial Circuit--additional superior court judge (S Judy--45th) SB 153 Appellate Court Judges Retirement--no forfeiture for service past certain age (Substitute) (Ret--49th) SB 162 Financial Institutions--person reporting criminal activity not liable (B&FI--30th) SB 163 Charitable Organizations--financial statements required to be filed (Amend ment) (B&FI--5th) SB 167 Georgia Education Authority--change membership (H Ed--45th) SB 169 Park, Recreation Property--leases, easements (F&PU--40th) SB 175 Bond Proceeds--authorized investments (Substitute) (B&FI--16th) SB 177 Special Alternative Incarceration--probation boot camp (S Judy--45th) SR 90 Baldwin County--conveyance of certain state property (F&PU--25th) SR 94 Wayne County--easement for thoroughfare (F&PU--6th) SR 96 Chatham County--conveyance of certain state property (F&PU--1st) SR 106 Baldwin County--conveyance of certain state property (F&PU--25th) HB 32 Motor Vehicle Warranty Rights Act Fee--protections (F&PU--44th) HB 47 Bad Checks--service charge amount (B&FI--8th) HB 168 Retirement, Pensions--correct errors in Code (S Judy--16th) HB 170 Probation--sentencing court retain jurisdiction to shorten (S Judy--28th) HB 231 Housing Authorities--employ housing authority police (U&CA G--39th) HR 16 Local Acts Repealing Constitutional Amendments--provisions (U&CA G--27th) SB 143 Consent to Medical Treatment--persons authorized (Substitute) (H&HS--54th) SR 10 State Agency--abolishment after four years unless continued (Substitute) (Gov Op--33rd) The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage: SB 71. By Senators Newbill of the 56th, Foster of the 50th, Collins of the 17th and others: A bill to amend Code Section 20-2-282 of the Official Code of Georgia Annotated, relating to comprehensive evaluations of schools and systems, so as to change the functions to be evaluated; to provide for the designation of schools and school systems which exceed expectations and exempt them from evaluation for certain functions. The Senate Committee on Education offered the following substitute to SB 71: A BILL To be entitled an Act to amend Code Section 20-2-282 of the Official Code of Georgia Annotated, relating to comprehensive evaluations of schools and systems, so as to change the functions to be evaluated; to provide for the designation of schools which exceed expec tations and exempt them from evaluation for certain functions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 20-2-282 of the Official Code of Georgia Annotated, relating to THURSDAY, FEBRUARY 7, 1991 413 comprehensive evaluations of schools and systems, is amended by striking paragraph (1) of subsection (a) thereof and inserting in its place a new paragraph to read as follows: "(1) The State Board of Education shall supervise a comprehensive evaluation of each public school, local school system, and regional educational service agency at least once every five years, except as provided in subsection (e.l) of this Code section, concerning the following functions to the extent they are deemed by the state board to be appropriate and applicable to such units: (A) The extent to which the strategic plan has been effectively implemented; (B) The extent to which the uniformly sequenced core curriculum adopted by the state board has been effectively implemented; (C) The extent of compliance with state laws and state board prescribed policies, rules, regulations, standards, and criteria; (D) The effectiveness of educational programs and services, including comparisons to student bodies which are comparable in terms of demographic characteristics; (E) The effectiveness of annual personnel evaluation procedures and annual profes sional development plan procedures and the extent to which staff development programs effectively address deficiencies and other needs identified through these processes; (F) The accuracy of student count procedures; (G) The accuracy of fiscal procedures as they apply to implementing the state board prescribed program accounting systems and ensuring funds are expended for purposes au thorized by state laws and state board policy and regulations; (H) The extent to which public awareness and information processes comply with state law and state board adopted policies and regulations; and (I) Such other functions deemed necessary by the state board for a full and comprehen sive evaluation of such units." Section 2. Said Code section is further amended by adding between subsections (e) and (f) thereof a new subsection to read as follows: "(e.l) The state board shall, subject to the requirements of subparagraph (a) (1) (D) of this Code section, establish criteria for determining whether local schools significantly ex ceed expectations based on performance of students in educational programs when com pared to student bodies with similar demographic characteristics. Local schools that score at least one standard deviation above the calculated mean for comparable schools will be deemed to be significantly exceeding expectations in a given year. Local schools that score above the mean for comparable schools will be deemed to be significantly exceeding expec tations in a given year provided that the given year's score exceeds the previous year's score for the school. Any school exceeding expectations for a period of two consecutive years will be designated a 'high-achieving school.' These schools will not be subject to comprehensive evaluations for those functions described in subparagraph (a) (1) (B), (a) (1) (C), or (a)(l) (I) of this Code section, as long as the school maintains the designation 'high-achieving school.' Schools and school districts which have had a standards review within the last four years will continue on the five year cycle as mandated by law." 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. 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: 414 JOURNAL OF THE SENATE Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Burton C1^ Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hoks Huggms Johnson Kidd Langford Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake g. rr n , i_ Stemberg i,at Taylor Thompson Timmons Turner Tysinger Walker of 22nd White Those not voting were Senators: Broun Olmstead Walker of 43rd On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. SB 100. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Chapter 9 of Title 10 of the Official Code of Georgia Annotated, the "Geo. L. Smith II Georgia World Congress Center Act," so as to add two members to the board of governors of the authority; to change provisions relating to the selection and term of service of members; to provide an effective date. Senator Dawkins of the 45th moved that SB 100 be postponed until Monday, February 11. On the motion, the yeas were 34, nays 0; the motion prevailed, and SB 100 was post poned until Monday, February 11. SB 127. By Senator Dawkins of the 45th: 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 provide for an additional judge of the Rockdale Judicial Circuit; to provide for the initial appointment and subsequent election of said judge and his successors; 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 Alien Baldwin Bishop Bowen Broun THURSDAY, FEBRUARY 7, 1991 415 Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Shumake Starr Steinberg Tate Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Hill Scott Taylor On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 153. By Senators Deal of the 49th and Garner of the 30th: A bill to amend Code Section 47-2-244 of the Official Code of Georgia Annotated, relating to retirement benefits available to apppellate court judges; age, service, and contribution requirements; disability benefits; and survivors' benefits, so as to provide an exception to the provision that an appellate court judge who serves beyond a certain age shall forfeit certain benefits and contributions; to provide an effective date. The following Certification, as required by law, was read by the Secretary: Department of Audits 254 Washington Street, SW Room 214 Atlanta, Georgia 30334-8400 STATE AUDITOR'S CERTIFICATION TO: FROM: DATE: The Honorable J. Nathan Deal State Senator G. W. Hogan, State Auditor January 28, 1991 SUBJECT: Senate Bill (LC 21 0898) SB153 Appellate Court Judges Retirement Benefits (OCGA 47-2-244) This bill provides an exception to the provision that an appellate court judge who serves beyond a certain age would forfeit certain benefits and contributions. To be exempt from the provision, an appellate court judge would have to obtain certification by the Judi cial Qualifications Commission by a certain date that he is capable of serving in such office. 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 416 JOURNAL OF THE SENATE The Senate Committee on Retirement offered the following substitute to SB 153: A BILL To be entitled an Act 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 provide exceptions relative to mandatory retirement age and forfeiture of benefits in connection therewith; to provide for related mat ters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 47-2-244 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, is amended by striking subsections (c) and (1) in their entirety and sub stituting in lieu thereof, respectively, new subsections (c) and (1) to read as follows: "(c) Any appellate court judge who seeks benefits under this Code section shall tender to the board of trustees before January 1, 1972, or within 60 days after the commencement of such judge's term of office, whichever shall occur later, a written notice stating that the judge has elected to accept such benefits in lieu of any retirement allowances otherwise available under this retirement system and in lieu of the appointment to and the holding of any emeritus office. Any agreement to resign because of age contained in any notice filed at any time by an appellate court judge in active service shall be void and of no force and effect." "(1)(1) Except as provided in paragraph (2) of this subsection, any appellate court judge who elects to receive the benefits provided for by this Code section and who fails to resign his office as appellate court judge on or before the day such judge attains age 75 shall not be entitled to receive any benefits under this Code section and shall forfeit all contribu tions made under it. (2) Paragraph (1) of this subsection shall not apply to an appellate court judge who, within one year prior to attaining the age of 75 and again within one year prior to the expiration of each successive term after the term during which he attains the age of 75, obtains certification by the Judicial Qualifications Commission that he is capable of serving in such office. Any appellate court judge seeking such certification shall submit such docu mentation and shall submit to such physical and psychological examinations as the commis sion shall prescribe and shall appear before the commission if required. Such certification shall be made to the board of trustees in such form as the board may prescribe." 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. The following Certification, as required by law, was read by the Secretary: TO: FROM: DATE: Department of Audits 254 Washington Street, SW Room 214 Atlanta, Georgia 30334-8400 STATE AUDITOR'S CERTIFICATION The Honorable Horace E. Tate State Senator G. W. Hogan, State Auditor February 1, 1991 THURSDAY, FEBRUARY 7, 1991 417 SUBJECT: Senate Bill 153 (Substitute) (LC 14 5672S) Appellate Court Judges Retirement Benefits (OCGA 47-2-244) As amended, this substitute bill provides an exception to the provision that an appel late court judge who serves beyond the age of 75 would forfeit certain benefits and contribu tions. To be exempt from the provision, an appellate court judge would have to obtain certi fication by the Judicial Qualifications Commission by a certain date that he is capable of serving in such office. The certification would be required for the term served during which the appellate court judge attained the age of 75 and for each successive term served beyond the age of 75. This is to certify that this is a nonfiscal retirement bill as defined in the Public Retire ment Systems Standards Law. M G. W. Hogan State Auditor On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan Foster Garner Gillis Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: English Hammill Shumake On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. 418 JOURNAL OF THE SENATE The following resolution of the House was read and put upon its adoption: HR 229. By Representatives Murphy of the 18th, Walker of the 115th, Groover of the 99th and others: A resolution relative to adjournment by the General Assembly at 5:00 o'clock P.M. on Friday, February 8, 1991, and to reconvene at 10:00 o'clock A.M. on Monday, February 11, 1991. Senator Garner of the 30th offered the following amendment: Amend HR 229 by striking on line 4, page 1, the following: "10:00", and inserting in lieu thereof: "9:30". On the adoption of the amendment, the yeas were 41, nays 0, and the amendment was adopted. On the adoption of the resolution, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Clay Collins Dawkins Deal Dean Echols Edge Egan Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Not voting were Senators Coleman and English. On the adoption of the resolution, the yeas were 54, nays 0. The resolution, having received the requisite constitutional majority, was adopted as amended. Senator Olmstead of the 26th introduced the doctor of the day, Dr. Minor C. Vernon, of Macon, Georgia. THURSDAY, FEBRUARY 7, 1991 419 The following general bills and resolutions of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage: SB 162. By Senators Garner of the 30th and Turner of the 8th: A bill to amend Code Section 7-1-840 of the Official Code of Georgia Annotated, relating to the institution of criminal prosecutions against financial institutions and the providing of information to financial institutions considering employ ment of a suspected person, so as to provide that if any board of directors, direc tor, or officer of any financial institution is required by certain bank supervisory agencies to provide certain information regarding the appearance or suspicion of criminal activity involving any director, officer, agent, employee, or customer of such financial institution, such board of directors, director, or officer shall not incur any civil liability for providing such information; to provide an exception. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Alien Baldwin Bishop Bowen Broun Burton Clay Dawkins Deal Echols Edge Egan Foster Garner Gillis Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate Taylor Thompson Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Albert Coleman Collins Dean English Hammill Moye Timmons On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 163. By Senator Burton of the 5th: A bill to amend Code Section 43-17-5 of the Official Code of Georgia Annotated, relating to registration of charitable organizations, so as to change the provisions relating to the financial statements of a charitable organization which are re quired to be filed with the Secretary of State. The Senate Committee on Banking and Financial Institutions offered the following amendment: 420 JOURNAL OF THE SENATE Amend SB 163 by striking from line 8 of page 3, line 22 of page 3, line 21 of page 5, and line 33 of page 5 the following. "$1,000,000.00", and inserting in lieu thereof the following: "$500,000.00". On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill 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 Alien Baldwin Bishop Broun Burton Clay Coleman Echols Edge Egan Garner Gillis Hammill Harris Hasty Henson Hill Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Turner Tysinger Walker of 22nd Walker of 43rd White Voting in the negative was Senator Dawkins. Those not voting were Senators: Bowen Collins Deal Dean English Foster Hooks Ramsey Shumake Timmons On the passage of the bill, the yeas were 45, nays 1. The bill, having received the requisite constitutional majority, was passed as amended. SB 167. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Article 5 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the financing of projects for units that are a part of the university system and known as the "Georgia Education Authority (University) Act," so as to change certain definitions; to change the membership of the Geor gia Education Authority (University); 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. THURSDAY, FEBRUARY 7, 1991 421 On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Broun Burton Clay Coleman Dawkins Echols Edge Egan Garner Gillis Hammill Harris Hasty Henson Hill Huggins Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Robinson Scott Shumake Starr Steinberg Tate Taylor Thompson Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Bowen Collins Deal Dean English Foster Hooks Johnson Ramsey Timmons On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 169. By Senator Egan of the 40th: A bill to amend Code Section 36-37-6.1 of the Official Code of Georgia Anno tated, relating to the sale, exchange, lease, or grant of an easement over certain property by certain municipalities, so as to provide that such municipalities are authorized to enter into certain contracts relating to such property; to provide an effective date. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passsage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Broun Burton Coleman Dawkins Echols Edge Egan Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Robinson 422 JOURNAL OF THE SENATE Scott Shumake Starr Steinberg Tate Thompson Turner Walker of 22nd White Voting in the negative was Senator Langford. Those not voting were Senators: Bowen lfly Collms Deal Dean English Foster Kidd Ramsey Taylor Timmons Tysmger Walker of 43rd On the passage of the bill, the yeas were 42, nays 1. The bill, having received the requisite constitutional majority, was passed. SB 175. By Senators Robinson of the 16th, Johnson of the 47th, Walker of the 43rd and others: A bill to amend Article 1 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding bonds, so as to change certain provisions relating to authorized investments for bond proceeds; to provide an effective date. The Senate Committee on Banking and Financial Institutions offered the following sub stitute to SB 175: A BILL To be entitled an Act to amend Article 1 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding bonds, so as to change certain provisions relating to authorized investments of bond proceeds of local governments and other public entities; to revise the name of a federal insurance corporation; to authorize the investment or reinvestment of bond proceeds in certain securities of or other interests in certain investment companies, investment trusts, or common trust funds; to provide for re strictions; 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 82 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding bonds, is amended by striking Code Section 36-82-7, relating to authorized investments for bond proceeds, and inserting in its place a new Code Section to read as follows: "36-82-7. The proceeds of any bonds issued by any county, municipal corporation, school district, or other political subdivision of this state or any portion thereof or any au thority or other public body corporate and politic created under the Constitution or laws of this state may, from time to time, be placed for investment and reinvestment in the local government investment pool created in Chapter 83 of Title 36 by the governing authorities of the county, municipal corporation, school district, political subdivision, authority, or body or be invested and reinvested by the governing authorities of the county, municipal corpora tion, school district, political subdivision, authority, or body in the following securities, and no others: (1) Bonds or obligations of such county, municipal corporation, school district, political subdivision, authority, or body or bonds or obligations of this state or of other counties, municipal corporations, and political subdivisions of this state; THURSDAY, FEBRUARY 7, 1991 423 (2) Bonds or other obligations of the United States or of subsidiary corporations of the United States government which are fully guaranteed by such government; (3) Obligations of agencies of the United States government issued by the Federal Land Bank, the Federal Home Loan Bank, the Federal Intermediate Credit Bank, and the Cen tral Bank for Cooperatives; (4) Bonds or other obligations issued by any public housing agency or municipal corpo ration in the United States, which such 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 is sued by any public housing agency, urban renewal agency, or municipal corporation in the United States which are fully secured as to payment of both principal and interest by a requisition, loan, or payment agreement with the United States government; (5) Certificates of deposit of national or state banks located within this state which have deposits insured by the Federal Deposit Insurance Corporation and certificates of deposit of federal savings and loan associations and state building and loan or savings and loan as sociations located within this state which have deposits insured by the Savings Association Insurance Fund of the Federal Deposit Insurance Corporation or the Georgia Credit Union 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. The portion of such certificates of deposit in excess of the amount insured by the Federal Deposit Insurance Corporation, the Savings Association In surance Fund of the Deposit Insurance Corporation, or the Georgia Credit Union Deposit Insurance Corporation, if any, shall be secured by deposit, with the Federal Reserve Bank of Atlanta, Georgia, or with any national or state bank or federal savings and loan association or state building and loan or savings and loan association located within this state, of one or more of the following securities in an aggregtate principal amount equal at least to the amount of such excess: direct and general obligations of this state or of any county or mu nicipal corporation in this state, obligations of the United States or subsidiary corporations included in paragraph (2) of this Code section, obligations of the agencies of the United States government included in paragraph (3) of this Code section, or bonds, obligations, or project notes of public housing agencies, urban renewal agencies, or municipalities included in paragraph (4) of this Code section; and (6) Securities of or other interests in any no-load, open-end management type invest ment company or investment trust registered under the Investment Company Act of 1940, as from time to time amended, or any common trust fund maintained by any bank or trust company which holds such proceeds as trustee or by an affiliate thereof so long as: (A) The portfolio of such investment company or investment trust or common trust fund is limited to the obligations referenced in paragraph (2) of this Code section and repur chase agreements fully collateralized by any such obligations; (B) Such investment company or investment trust or common trust fund takes delivery of such collateral either directly or through an authorized custodian; (C) Such investment company or investment trust or common trust fund is managed so as to maintain its shares at a constant net asset value; and (D) Securities of or other interests in such investment company or investment trust or common trust fund are purchased and redeemed only through the use of national or state banks having corporate trust powers and located within this state." Section 2. This Act shall beccome effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted. 424 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: Alien Baldwin Bowen Broun Burton Clay Coleman Dawkins Deal Echols Edge Egan Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 32nd Ray Robinson Scott Shumake Starr Steinberg Tate Thompson Turner Tysinger White Those not voting were Senators: Albert Bishop Collins Dean English Foster Garner Ragan of 10th Ramsey Taylor Timmons Walker of 22nd Walker of 43rd On the passage of the bill, the yeas were 43, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. SB 177. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, known as the "State-wide Probation Act," so as to provide that as a condition of probation, certain probationers may be required to complete satis factorily a program of incarceration or confinement in a "special alternative in carceration--probation boot camp" unit of the Department of Corrections for a period of 90 days from the time of initial confinement in the unit. Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th offered the following amendment: Amend SB 177 by adding on page 2, line 22, after the word "shall", the words: ", within its probation order,"; and on line 29 of page 2, after the word "date", the words: "not more than 15 days after the issuance of such probation order by the court." 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. THURSDAY, FEBRUARY 7, 1991 425 On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Clay Coleman DDeaawlkins Dean Echols Edge Egan Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd LMaanrgafbolred Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Robinson Scott Starr Steinberg rpate ,,, , Tri?hoylmorpson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Collins English Foster Olmstead Ramsey Shumake On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. SR 90. By Senator Kidd of the 25th: A resolution authorizing the conveyance of certain state owned real property lo cated in Baldwin County, Georgia; to provide an effective date. The report of the committee, which was favorable to the adoption of the resolution, was agreed to: On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun B/~nurton Coleman DDaeawl kins Dean Echols Edge Egan Gillis Hammill Harris Henson Hill Hooks Huggins JTo^h-JnJson Langford MMoayraeble Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Rav Robinson Scott act. arr, T,ay'or Thompson Turner Tysinger Walker of 43rd White 426 JOURNAL OF THE SENATE Those not voting were Senators: Collins English Foster Garner Hasty Ramsey Shumake Timmons Walker of 22nd On the adoption of the resolution, the yeas were 47, nays 0. The resolution, having received the requisite constitutional majority, was adopted. SR 94. By Senator Echols of the 6th: A resolution authorizing the granting of a nonexclusive easement for construc tion, operation, and maintenance of a thoroughfare in, on, over, under, upon, across, or through property owned by the State of Georgia in Wayne County, Georgia; to provide an effective date. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Dawkins Deal Dean Edge Egan Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Collins Echols English Foster Langford Moye Ramsey Shumake On the adoption of the resolution, the yeas were 48, nays 0. The resolution, having received the requisite constitutional majority, was adopted. SR 96. By Senators Coleman of the 1st, Alien of the 2nd and Hammill of the 3rd: A resolution authorizing the conveyance of certain state owned real property lo cated in Chatham County, Georgia; to provide an effective date. THURSDAY, FEBRUARY 7, 1991 427 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: Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Dawkins Deal Dean Echols Gillis Hammill Harris Hasty Henson Hill Hooks Huggins *nson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 32nd Ray Robinson gcott Shumake Starr T Ihompson Timmons Turner Walker of 43rd White Those not voting were Senators: Albert Collins Edge Egan English Foster Garner Ragan of 10th Ramsey Steinberg Tysinger Walker of 22nd On the adoption of the resolution, the yeas were 44, nays 0. The resolution, having received the requisite constitutional majority, was adopted. SR 106. By Senator Kidd of the 25th: A resolution authorizing the conveyance of certain state owned real property lo cated in Baldwin County, Georgia, to Garvis Youngblood and the acceptance of certain real property owned by Garvis Youngblood located in Baldwin County, Georgia, in consideration therefor; to provide an effective date. Senator Kidd of the 25th offered the following substitute to SR 106: A RESOLUTION Authorizing the conveyance of certain state owned real property located in Baldwin County, Georgia, to Garvis Youngblood located in Baldwin County, Georgia, to Garvis Youngblood and the acceptance of certain real property owned by Garvis Youngblood lo cated in Baldwin County, in consideration therefor; authorizing the conveyance of certain state owned real property located in Baldwin County, Georgia, to Kay Epps; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, Garvis Youngblood is the owner of approximately 0.1 of one acre on the northern boundary of the Georgia War Veterans Cemetery in Baldwin County; and the State of Georgia is the owner of approximately 0.4 of one acre of real property lying on the northern boundary of Georgia War Veterans Cemetery in Baldwin County, Georgia; said tracts are more particularly described as Tract II and Tract III by a plat of survey prepared by Robert P. Cleghorn, Georgia Registered Land Surveyor No. 2425, on file in the offices of the State Properties Commission; and 428 JOURNAL OF THE SENATE WHEREAS, Kay Epps and her father have been occupying .447 of one acre of state owned real property located on the northern boundary of the Georgia War Veterans Ceme tery more particularly described as Tract IV by a plat of survey prepared by Robert P. Cleghorn, Georgia Registered Land Surveyor No. 2425, on file in the offices of the State Properties Commission; and WHEREAS, custody of the subject state owned real property is vested in the Depart ment of Veterans Service; and WHEREAS, Garvis Youngblood is desirous of exchanging the above-described 0.1 of one acre tract for that certain 0.4 of one acre tract of state owned property on the northern boundary of the Georgia War Veterans Cemetery in Baldwin County; and WHEREAS, Kay Epps is desirous of obtaining the above-described .447 acre located on the northern boundary of the Georgia War Veterans Cemetery in Baldwin County; and WHEREAS, the exchange of the afore described Tracts II and III of real property would be beneficial both to the State of Georgia and Garvis Youngblood; and WHEREAS, the conveyance of the above-described Tract IV of real property would be beneficial both to the State of Georgia and Kay Epps and would facilitate federal funding for the Georgia War Veterans Cemetery. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL AS SEMBLY OF GEORGIA: ARTICLE I Section 1. That, in all matters relating to the conveyance of the herein described Tract II and Tract III of state owned real property and the acceptance of the herein described real property owned by Garvis Youngblood, the State of Georgia is acting by and through its State Properties Commission. Section 2. That the State of Georgia, acting by and through its State Properties Com mission, is authorized and empowered to convey by appropriate instrument to Garvis Youngblood the hereinabove-described Tract II and Tract III of owned real property and to accept in consideration therefor from Garvis Youngtblood the hereinabove-described prop erty owned by Garvis Youngblood. Section 3. That the State Properties Commission is authorized to do all acts and things necessary and proper to effect such exchange. Section 4. That such conveyance and acquisition shall be upon such other terms and conditions as may be prescribed by the State Properties Commission. Section 5. That the conveyance herein considered shall contain such other reasonable terms and conditions as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the property, so long as the description utilized by the State Proper ties Commission describes the same conveyance area herein considered. Section 6. That the conveyance instrument authorized by this resolution shall be re corded by the Grantee in the Superior Court of Baldwin County and a recorded copy shall be forwarded to the State Properties Commission. Section 7. That the authorization in this article to convey the above-described Tract II and Tract III of property to Garvis Youngblood and to accept the above-described property from Garvis Youngblood shall expire three years after the date that this resolution becomes effective. ARTICLE II Section 8. That the State of Georgia is the owner of the above-described Tract IV of real property and that, in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission. THURSDAY, FEBRUARY 7, 1991 429 Section 9. That the above-described Tract IV of real property shall be sold and con veyed by appropriate instrument to Kay Epps by the State of Georgia, acting by and through its State Properties Commission, for a consideration of $10.00 and upon such fur ther consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia. Section 10. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. Section 11. That the State Properties Commission is authorized to use a more accurate description of the property, so long as the description utilized by the State Properties Com mission describes the same conveyance area herein considered. Section 12. That the conveyance instrument authorized by this resolution shall be re corded by the Grantee in the Superior Court of Baldwin County and a recorded copy shall be forwarded to the State Properties Commission. Section 13. That the authorization in this article to convey the above-described Tract IV of property to Kay Epps shall expire three years after the date that this resolution be comes effective. ARTICLE III Section 14. That this resolution shall become effective upon its approval by the Gover nor or upon its becoming law without such approval. Section 15. That all laws and parts of laws in conflict with this resolution are repealed. On the adoption of the substitute, the yeas were 40, nays 0, and the substitute was adopted. The President announced that, pursuant to Senate Rule 143, consideration of SR 106 would be suspended until the next meeting day of the Senate, Friday, February 8. HB 32. By Representatives Parham of the 105th, Barnett of the 10th, Harris of the 84th and Bostick of the 138th: A bill to amend Article 28 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Motor Vehicle Warranty Rights Act," so as to provide that all persons who paid or should have paid the fee provided for under said Act shall receive the protections provided for under said "Motor Vehicle Warranty Rights Act." 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 Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Dawkins Deal Dean Echols Edge Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead 430 JOURNAL OF THE SENATE Perdue Perry TM PollaPrdS RaganoflOth Ragan of 32nd Ray Robinson iSCtaOrtrt Tate Thompson Timmons Turner Ty' sing6 er Walker of 43rd White Those not voting were Senators: Collins Egan English Foster Ramsey Shumake Steinberg Taylor Walker of 22nd On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 47. By Representative Pinkston of the 100th: A bill to amend Code Section 10-1-7 of the Official Code of Georgia Annotated, relating to the provision for payment of delinquency charges, attorneys' fees, court costs, and check dishonor fees under "The Retail Installment and Home Solicitation Sales Act," so as to change the minimum amount of check dishonor fee; to amend Code Section 13-6-15 of the Official Code of Georgia Annotated, relating to damages for writing bad checks, so as to change the amount of the service charge. 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 Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Dean Echols Edge Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Robinson Scott Starr Steinberg T_,a, te Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Voting in the negative was Senator Deal. Those not voting were Senators: Egan English Foster Langford Moye Ramsey Shumake Taylor THURSDAY, FEBRUARY 7, 1991 431 On the passage of the bill, the yeas were 47, nays 1. The bill, having received the requisite constitutional majority, was passed. HB 168. By Representatives Thomas of the 69th, Pettit of the 19th and Groover of the 99th: A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 47 of the O.C.G.A. Senate Sponsor: Senator Turner of the 8th. The following Certification, as required by law, was read by the Secretary: Department of Audits 254 Washington Street, SW Room 214 Atlanta, Georgia 30334-8400 STATE AUDITOR'S CERTIFICATION TO: The Honorable Charles Thomas State Representative FROM: G. W. Hogan, State Auditor DATE: December 6, 1990 SUBJECT: House Bill (LC 9 6163) HB 168 Title 47 OCGA--Retirement and Pensions This bill corrects typographical, stylistic and other errors and omissions in Title 47 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 47 of the OCGA. This is to certify that this is a nonfiscal bill according to the Public Retirement Systems Standards Law. /s/ G.W. Hogan The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Alien Baldwin Bishop Broun Burton Collins Dawkins Deal Dean Echols Edge Egan Foster Gillis Hammill Harris Hasty Hill Hooks Huggins Johnson Kidd Langford Marable Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Robinson Scott Shumake 432 JOURNAL OF THE SENATE Stair Tate Thompson Timmons Turner Tysinger Walker of 22nd White Those not voting were Senators: Albert Bowen Clay Coleman English Garner Henson Moye Ramsey Steinberg Taylor Walker of 43rd On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 170. By Representative Murphy of the 18th: A bill to amend Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to fixing of sentences, suspension or probation of sentences, and changes in sentences, so as to provide that a sentencing court shall retain jurisdiction to shorten a period of probation. 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 Alien Baldwin Bowen Broun Dp, aw, kins Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hooks Huggins Johnson KLT aidndgf,.ord, Marable Move Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Robinson Scott Shumake Starr S~Ttaet.ienberg Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Bishop Hill Collins Ramsey On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority was passed. THURSDAY, FEBRUARY 7, 1991 433 HB 231. By Representatives Davis of the 29th and McKinney of the 35th: A bill to amend Part 2 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the powers of housing authorities to employ se curity personnel, to be known as housing authority police. Senate Sponsor: Senator Shumake of the 39th. Senator Shumake of the 39th offered the following substitute to HB 231: A BILL To be entitled an Act to amend Part 2 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the powers of housing authorities generally, so as to authorize certain housing authorities to contract with local governing bodies for police ser vice of local law enforcement agency; 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 2 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the powers of housing authorities generally, is amended by adding at the end thereof a new Code section, to be designated Code Section 8-3-36, to read as follows: "8-3-36. (a) Any housing authority which operates and manages housing projects which have a combined population of 10,000 or more residents shall be authorized to contract with the local governing authority which has police jurisdiction over such housing authority prop erty for special police services to be provided by the local law enforcement agency within the boundaries of property operated and managed by such housing authority." Section 2. All laws and parts of laws in conflict with this Act are repealed. Senator Langford of the 35th moved that HB 231 be committed to the Senate Commit tee on Urban and County Affairs (General). Senator Shumake of the 39th moved the previous question. Senator Newbill of the 56th moved that HB 231 be placed on the Table. On the motion offered by Senator Newbill of the 56th, which motion takes precedence, the yeas were 8, nays 39; the motion was lost, and HB 231 was not placed on the Table. On the motion for the previous question, the next motion in precedence, the motion prevailed, and the previous question was ordered. On the adoption of the substitute, the yeas were 43, nays 1, and the substitute was adopted. The President announced that, pursuant to Senate Rule 143, consideration of HB 231 would be suspended until the next meeting day of the Senate, Friday, February 8. HR 16. By Representative Lane of the 27th: Senate Sponsor: Senator Harris of the 27th. A RESOLUTION Proposing an amendment to the Constitution so as to require that when local Acts of the General Assembly repeal constitutional amendments applicable to particular political subdivisions, each such local Act shall be conditioned for its effectiveness on approval by a majority of the qualified voters voting thereon in the particular political subdivision or sub- 434 JOURNAL OF THE SENATE divisions affected by the amendment; 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 XI, Section I, Paragraph IV of the Constitution is amended by strik ing subparagraph (b) in its entirety and substituting in lieu thereof a new subparagraph (b) to read as follows: "(b) Any amendment which is continued in force and effect after July 1, 1987, pursuant to the provisions of subparagraph (a) of this Paragraph shall be continued in force and effect as a part of this Constitution, except that such amendment may thereafter be re pealed but may not be amended. The repeal of any such amendment shall be accomplished by local Act of the General Assembly, the effectiveness of which shall be conditioned on its approval by a majority of the qualified voters voting thereon in the particular political sub division or subdivisions affected by the amendment." 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 require that when local Acts of the General Assembly repeal constitutional amendments applicable to particular political subdivisions, each such local Act shall be conditioned for its effectiveness on approval by a majority of the qualified voters voting thereon in the particular political subdivision or subdivisions affected by the amendment?" 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 Alien Baldwin Bishop Bowen Broun urton CDnCTMooaJ,,wllyehkmnisnans j}eal D ean Echols Edge English Foster Gillis Hammill Harris Hasty Henson Hill Hooks HJK,oul.h,dg.nd.gsionns Marable Moye Newbill Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Scott Shumake Steinberg TTT,,ahayto*elm,orpson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White THURSDAY, FEBRUARY 7, 1991 435 Those not voting were Senators: Bgan Garner Langford Olmstead Phillips Robinson Starr On the adoption of the resolution, the yeas were 49, nays 0. The resolution, having received the requisite two-thirds constitutional majority, was adopted. The following general bill of the Senate, having been read the third time on February 5, and postponed until February 7, was put upon its passage: SB 143. By Senator Ramsey of the 54th: A bill to amend Code Section 31-9-2 of the Official Code of Georgia Annotated, relating to persons authorized to consent to surgical or medical treatment, so as to change which persons are authorized to consent to surgical or medical treatment. Senator Ramsey of the 54th moved that SB 143 be postponed until Monday, February 11. On the motion, the yeas were 34, nays 0; the motion prevailed, and SB 143 was post poned until Monday, February 11. The following general resolution of the Senate, having been read the third time on Feb ruary 5, and postponed until February 7, was put upon its passage: SR 10. By Senator Thompson of the 33rd: A resolution proposing an amendment to the Constitution so as to provide that each state agency shall be abolished after four years unless continued by law; to provide for certain initial extensions of time; to provide for a review and public hearings by the General Assembly to determine whether a public need exists for the continuation of the agency; to provide for the submission of this amendment for ratification or rejection. The Senate Committee on Governmental Operations offered the following substitute to SR 10: A RESOLUTION Proposing an amendment to the Constitution so as to provide that each state agency, except those state agencies with boards or commissions created by the Constitution shall be abolished after four years unless continued by law; to provide for certain initial extensions of time; to provide for a review and public hearings by the General Assembly to determine whether a public need exists for the continuation of the agency; to provide recommenda tions to the General Assembly; to provide that the General Assembly may continue a state agency for a period not exceeding four years; to authorize the General Assembly to provide for certain matters relative to the foregoing; to provide for the submission of this amend ment for ratification or rejection; and for other purposes. 436 JOURNAL OF THE SENATE BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article III, Section VI of the Constitution is amended by adding at the end of said section a new Paragraph to read as follows: "Paragraph VII. Abolition and continuation of state agencies, (a) Each state agency in existence on December 31, 1992, except those state agencies with boards or commissions created by the Constitution, shall be abolished on December 31, 1996, unless continued by general law as provided in this Paragraph. Thereafter, each state agency, except those state agencies with boards or commissions created by the Constitution, shall be abolished four years after its creation or its continuation unless continued again by general law as provided in this Paragraph. The General Assembly shall by general law define the term 'state agency' for purposes of this Paragraph; provided, however, that, except as otherwise provided in this Paragraph, such term shall include each principal, functional, and administrative entity within the executive branch of state government provided for by the 'Executive Reorganiza tion Act of 1972* or any subsequent enactment. (b) The General Assembly is authorized to grant each state agency by general law one extension not to exceed three years from December 31, 1996, so as to stagger the dates upon which the various state agencies are abolished. (c) Before September 1 and December 31 of the calendar year preceding the year in which any state agency is abolished, a committee appointed by the Senate and a Committee appointed by the House of Representatives shall conduct joint public hearings to determine whether a public need exists for the continuation of each such state agency. The General Assembly shall by general law provide for the appointment of the committees and for the criteria of review. (d) Not later than the tenth day of each legislative session, the reviewing committees shall: (1) Make recommendations to the General Assembly on the abolition, continuation, or reorganization of each affected state agency; (2) Make recommendations to the General Assembly on the consolidation, transfer, or reorganization of programs within state agencies not under review when such programs du plicate functions performed by the agency under review; (3) Recommend to the General Assembly appropriation levels for each agency for which reorganization or abolition is recommended; and (4) Propose legislation necessary to carry out the recommendations made pursuant to divisions (1) and (2) of this subparagraph. (e) During the regular session immediately before the abolition of a state agency, the General Assembly may by general law continue the agency for a period not to exceed four years. Nothing contained in this Paragraph shall prohibit the General Assembly from termi nating a state agency at any time or enacting any legislation relative to a state agency. (f) The General Assembly may provide by general law for all matters necessary to the implementation of this Paragraph and for procedures for the termination of a state agency abolished pursuant to this Paragraph, provided that such law is not inconsistent with the provisions of this Paragraph." 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 each state agency, except those state agencies with boards or commissions created by the Constitution, shall be abolished after four years unless continued by law after public hearings regarding the public necessity for the agency?" THURSDAY, FEBRUARY 7, 1991 437 All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""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. Senator Thompson of the 33rd moved that SR 10 be committed to the Senate Commit tee on Governmental Operations. On the motion, the yeas were 41, nays 0; the motion prevailed, and SR 10 was commit ted to the Senate Committee on Governmental Operations. The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage: SB 32. By Senators Newbill of the 56th, Foster of the 50th, Collins of the 17th and others: A bill to amend Code Section 20-2-154 of the Official Code of Georgia Annotated, relating to remedial education programs, so as to change the eligibility require ments for such programs. The following Fiscal Note, as required by law, was read by the Secretary: Department of Audits 254 Washington Street, SW Room 214 Atlanta, Georgia 30334-8400 MEMORANDUM TO: The Honorable John C. Foster, Chairman Senate Education Committee FROM: G. W. Hogan, State Auditor Henry M. Huckaby, Director, Office of Planning and Budget DATE: February 7, 1991 SUBJECT: Fiscal Note--Senate Bill 32 (LC 11 7346) Remedial Education Programs This bill increases the number of students served by the state's remedial education program by amending the eligibility requirements of the program. Program services would be expanded from grades two through five and nine to include students in grades six through eight who have scored in the lowest 25 percentile on certain standardized achieve ment tests. The bill would also expand remedial education program services to students in certain grade levels (who are already receiving services under a special education program) based on their Individualized Education Program (IEP) achievement levels. It is estimated that including grades six through eight in the remedial education pro gram would increase the State's education program costs by approximately $6.1 million, based on the percentage of students in grades three through five currently served by the program. The cost of additional teachers that may be hired to accommodate remedial in struction would be incurred through an increased training and experience amount; however, a projection cannot be made since the number of teachers that would be hired and their level of training and experience cannot be determined. /s/ G. W. Hogan State Auditor /s/ Henry M. Huckaby, Director Office of Planning and Budget 438 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 Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Not voting was Senator Harris. On the passage of the bill, the yeas were 55, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Garner of the 30th moved that the Senate do now adjourn until 9:15 o'clock A.M. tomorrow, and the motion prevailed. At 12:24 o'clock P.M. the President announced the Senate adjourned until 9:15 o'clock A.M. tomorrow. FRIDAY, FEBRUARY 8, 1991 439 Senate Chamber, Atlanta, Georgia Friday, February, 8, 1991 Seventeenth Legislative Day The Senate met pursuant to adjournment at 9:15 o'clock A.M. today and was called to order by the President. Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills and resolutions of the House: HB 536. By Representative Purcell of the 129th: A bill to amend an Act creating the State Court of Effingham County, as amended, so as to change the salary of the judge and solicitor of said court. HB 549. By Representatives Dixon of the 128th, Pelote of the 127th, Bordeaux of the 122nd, Mueller of the 126th, Kingston of the 125th and others: A bill to amend an Act creating a new charter for the City of Garden City, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmen. HB 423. By Representatives Harris of the 84th, Parham of the 105th and Barnett of the 10th: A bill 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 change the defini tion of "resident" with regard to registration and licensing requirements. HB 422. By Representatives Harris of the 84th, Parham of the 105th and Barnett of the 10th: 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 remove the authoriza tion for the issuance of special license plates for citizens band radio operators. HB 240. By Representatives Snow of the 1st, Groover of the 99th, Mobley of the 64th, Meadows of the 91st, McCoy of the 1st 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 288. By Representatives Buck of the 95th and Colwell of the 4th: A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions for penal institutions, so as to provide for notifica tion by an institution or facility to a state or local law enforcement agency if such 440 JOURNAL OF THE SENATE agency is transporting a patient or inmate who has been diagnosed as having an infectious or communicable disease. HB 251. By Representatives Randall of the 101st, Bostick of the 138th, Irwin of the 57th and Turnquest of the 56th: A bill to amend Article 1 of Chapter 4 of Title 53 of the Official Code of Georgia Annotated, relating to descent and distribution of deceased's estates, so as to provide that a child or children born out of wedlock may inherit from or through the father under certain conditions; to provide that the father and other paternal kin may inherit from or through a child born out of wedlock under certain conditions. HB 323. By Representatives Floyd of the 154th, Smith of the 156th, Purcell of the 129th, Hamilton of the 124th, Dixon of the 151st and others: A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide for the comprehensive regulation of shellfish. HB 96. By Representative Kingston of the 125th: A bill to amend Code Section 30-4-1 of the Official Code of Georgia Annotated, relating to the rights of visually handicapped and deaf persons so as to provide that physically disabled persons shall have the right to be accompanied by a ser vice dog. HB 303. By Representatives Smyre of the 92nd, McKelvey of the 15th, Martin of the 16th, Dover of the llth, Oliver of the 53rd and others: A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations so as to revise comprehensively Chapter 8 of said title, known as the "Employment Security Law." HB 186. By Representatives Dixon of the 151st and Twiggs of the 4th: A bill to amend Code Section 17-4-20 of the Official Code of Georgia Annotated, relating to authorization of arrests with and without warrants generally and use of deadly force, so as to provide that the provisions of said Code Section 17-4-20 shall not be construed to restrict the use of deadly force by peace officers of state or local law enforcement agencies when reasonably necessary to prevent escapes or apprehend escapees from state and county correctional institutions, jails and other places of lawful confinement. HR 210. By Representatives Tolbert of the 58th, Alford of the 57th, Lawrence of the 49th, Teper of the 46th, Turnquest of the 56th and others: A resolution creating the DeKalb County Homestead Exemptions Study Committee. HR 105. By Representatives Lord of the 107th Breedlove of the 60th, Wall of the 61st, Barfoot of the 120th, Clark of the 20th, Post 3 and others: A resolution applying to the Congress of the United States to call a convention for the purpose of proposing an amendment to the Constitution of the United States with respect to certain disrespectful acts involving the flag of the United States or the flags of the several states, HR 80. By Representatives Colwell of the 4th and Twiggs of the 4th: A resolution authorizing the grant of a nonexclusive easement for the construc tion, operation, and maintenance of an underground audio transmission cable in, FRIDAY, FEBRUARY 8, 1991 441 on, over, under, upon, across, or through property owned by the State of Georgia in Fannin County and Gilmer County, Georgia. The House has agreed to the Senate substitute to the following bill of the House: HB 397. By Representative Beatty of the 12th: A bill to amend an Act to create a board of county commissioners for the County of Jackson, as amended, so as to provide that vacancies on the board of commis sioners shall be filled as provided by general law. The following bills and resolutions of the Senate were introduced, read the first time and referred to committees: SB 252. By Senator Pollard of the 24th: A bill to amend an Act providing a new charter for the City of Harlem so as to provide the time of election, taking of office, and terms of office of the mayor and council; to provide for the authority for this Act. Referred to Committee on Urban and County Affairs. SB 253. By Senator Shumake of the 39th: A bill to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb and creating a new charter for said city, as amended, so as to prohibit councilmembers from accumulating public funds beyond the fiscal year in which such funds are acquired by or allocated to the members for any reason. Referred to Committee on Urban and County Affairs. SB 254. By Senator Shumake of the 39th: A bill to amend Chapter 34 of Title 36 of the Official Code of Georgia Annotated, relating to the powers of municipal corporations, so as to provide that no munici pal water company shall approve water service unless each applicant therefor presents certain identification; to provide that a municipality may place a lien against property for unpaid water charges only after attempting to collect such charges from the water user. Referred to Committee on Urban and County Afffairs (General). SB 255. By Senators Langford of the 35th and Albert of the 23rd: A bill to amend Code Section 16-5-23 of the Official Code of Georgia Annotated, relating to the offense of simple battery, so as to provide that a person who com mits the offense of simple battery against a police officer engaged in carrying out official duties shall, upon conviction, be punished for a misdemeanor of a high and aggravated nature. Referred to Committee on Judiciary. SB 256. By Senators Langford of the 35th and Walker of the 43rd: A bill to amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions with regard to labor and industrial relations, so as to provide that it shall be unlawful for an employer to discriminate against an employee for engaging in lawful activities off the premises of the employer during nonworking hours; to provide for liability of the employer. Referred to Committee on Insurance and Labor. 442 JOURNAL OF THE SENATE SB 257. By Senators Starr of the 44th and Collins of the 17th: A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, as amended, so as to change the compensa tion of the deputy clerk of the superior court; to provide for the application of civil service benefits; to provide an effective date. Referred to Committee on Urban and County Affairs. SB 258. By Senators Starr of the 44th and Collins of the 17th: A bill to amend an Act creating the State Court of Clayton County, as amended, so as to change the compensation of the deputy clerk of said court; to provide for the application of civil service benefits; to provide an effective date. Referred to Committee on Urban and County Affairs. SB 259. By Senator Steinberg of the 42nd: A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relating to insurance, so as to provide that each group or blanket accident and sickness insurance policy providing major medical coverage and including maternity benefits shall include coverage for the diagnosis and treatment of infertility; to provide for definitions. Referred to Committee on Insurance and Labor. SB 260. By Senators Deal of the 49th and Kidd of the 25th: A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that all hearings involving delin quency shall be open to the public; to provide that certain other hearings shall be closed to the public; to change the provisions relating to juvenile law enforcement records and inspection thereof; to change the provisions relating to when a child may be fingerprinted or photographed and the use and retention of such finger prints, photographs, and records related thereto. Referred to Committee on Judiciary. SB 261. By Senator Shumake of the 39th: A bill to amend an Act to reincorporate the City of Atlanta in the counties of Fulton and DeKalb which created a new charter for said city, as amended, so as to authorize the governing authority of the City of Atlanta to impose and collect a $1.00 admission tax on each paid admission to certain public events; to provide exemptions; to provide for allocation of the revenue collected. Referred to Committee on Urban and County Affairs. SB 262. By Senators Langford of the 35th, Walker of the 43rd and Tate of the 38th: A bill to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts in general, so as to provide for single-mem ber districts in the judicial circuits; to provide for nonpartisan elections and terms of office; to provide for residency requirements for superior court judges; to provide for the election of a superior court judge by the electors of the singlemember district in which the judge is to serve. Referred to Committee on Judiciary. SB 263. By Senators Langford, of the 35th, Walker of the 43rd and Tate of the 38th: A bill to amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to the superior courts, so as to repeal Code Section 15-6-4.1, relating to the election of judges of the superior courts; to pro vide for the terms of office of judges of the superior courts; to provide for the FRIDAY, FEBRUARY 8, 1991 443 appointment of such judges by the Governor; to provide for the nomination of persons for appointment to such office. Referred to Committee on Judiciary. SB 264. by Senators Langford of the 35th, Walker of the 43rd and Tate of th 38th: A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to number of superior court judges for each judicial circuit, and Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," so as to comprehensively revise the method of election of superior court judges; to provide for limited voting; to provide for nonpartisan, plurality elections. Referred to Committee on Judiciary. SB 265. By Senators Hammill of the 3rd, Hill of the 4th, Coleman of the 1st and Alien of the 2nd: A bill to amend Chapter 9 of Title 3 of the Official Code of Georgia Annotated, relating to sale of alcoholic beverages by passenger carriers and nonprofit organi zations, so as to provide that passenger vessels designed to carry at least 60 per sons may be authorized to sell distilled spirits, wine, and malt beverages. Referred to Committee on Consumer Affairs. SB 266. By Senators Tate of the 38th, Kidd of the 25th and Langford of the 35th: A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to authorize credit able service for service as a teacher in certain private schools; to provide for defi nitions; to provide requirements and limitations relative to obtaining such credit able service; to provide for other matters relative to the foregoing; to provide conditions for an effective date and for automatic repeal. Referred to Committee on Retirement. SB 267. By Senator Baldwin of the 29th: A bill to amend Article 1 of Chapter 6 of Title 10 of the Official Code of Georgia Annotated, relating to the creation and nature of the agency relationship, so as to provide that a deed or other instrument executed under seal pursuant to an agency created by an act not under seal shall be binding on the principal under certain conditions. Referred to Committee on Special Judiciary. SB 268. By Senators Scott of the 36th, Henson of the 55th, Deal of the 49th and others: A bill to amend Code Section 12-8-23.1 of the Official Code of Georgia Anno tated, relating to powers and duties of the director of the Environmental Protec tion Division of the Department of Natural Resources, so as to provide that no permit shall be issued to operate a biomedical waste thermal treatment technol ogy facility in this state. Referred to Committee on Natural Resources. SB 269. By Senators Hammill of the 3rd, Burton of the 5th, Hill of the 4th and Kidd of the 25th: A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to establish the Technology Related Assistance Trust Fund for Individuals with Disabilities and the Technology Related Assistance 444 JOURNAL OF THE SENATE Trust Fund for Individuals with Disabilities Commission; to provide a short title; to define certain terms. Referred to Committee on Youth, Aging and Human Ecology. SB 270. By Senators Newbill of the 56th, Scott of the 36th and Egan of the 40th: A bill to provide that the Board of Commissioners of Fulton County shall site no new landfill until it enacts a local solid waste disposal plan. Referred to Committee on Urban and County Affairs. SB 271. By Senators Gillis of the 20th, Robinson of the 16th, Perry of the 7th and Echols of the 6th: A bill to amend Chapter 1 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to game and fish, so as to provide for the creation of a fund into which all moneys received by the Department of Natural Resources which are derived from the sale of timber from state owned lands managed for public hunting and fishing by the Department of Natural Resources shall be deposited. Referred to Committee on Natural Resources. SB 272. By Senators Gillis of the 20th, Robinson of the 16th, Hooks of the 14th and others: A bill to amend Article 1 of Chapter 2 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions applicable to the Department of Natu ral Resources, so as to authorize the establishment and operation of programs of volunteer services to the department to facilitate, amplify, or supplement the objectives and functions of the department. Referred to Committee on Natural Resources. SB 273. By Senators Collins of the 17th and Starr of the 44th: A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to change the penalty provi sions relating to the offense of driving under the influence of alcohol or drugs; to provide that a certain number of convictions of the offense of driving under the influence of alcohol or drugs within a certain period of time shall constitute a felony. Referred to Committee on Special Judiciary. SB 274. By Senators Collins of the 17th and Starr of the 44th: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to periods of suspension of drivers' licenses; to provide for periods of suspension with respect to violating Code Section 40-6-391, relating to driving under the influence of al cohol or drugs. Referred to Committee on Special Judiciary. SB 275. By Senators Collins of the 17th and Starr of the 44th: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the alcohol concentration level that constitutes driving under the influence; to change the presumptions which rise from certain alcohol concentrations. Referred to Committee on Special Judiciary. FRIDAY, FEBRUARY 8, 1991 445 SB 276. By Senators Collins of the 17th and Starr of the 44th: A bill to amend Code Section 40-5-58 of the Official Code of Georgia Annotated, relating to habitual violators, so as to change the definition of the term "habitual violator". Referred to Committee on Special Judiciary. SB 277. By Senators Collins of the 17th and Starr of the 44th: A bill to amend Code Section 40-5-63 of the Official Code of Georgia Annotated, relating to periods of suspension of drivers' licenses, so as to change the time at which a person may apply to the Department of Public Safety for reinstatement of his driver's license after a second conviction of an offense listed in Code Sec tion 40-5-54 or of violating Code Section 40-6-391. Referred to Committee on Special Judiciary. SB 278. By Senators Collins of the 17th and Starr of the 44th: A bill to amend Code Section 40-5-56, relating to the suspension of a driver's license or driving privilege for failure to respond to a citation, so as to provide for the suspension of a driver's license or driving privilege for failure to pay a fine within the time limit imposed by order of a court of competent jurisdiction; to provide an effective date. Referred to Committee on Special Judiciary. SR 149. By Senators Pollard of the 24th, Foster of the 50th and Edge of the 28th: A resolution creating the Joint Study Committee on Teachers' Accumulated Sick Leave. Referred to Committee on Rules. SR 150. By Senators Foster of the 50th, Pollard of the 24th, Tysinger of the 41st and Hammill of the 3rd: A resolution proposing an amendment to the Constitution so as to provide for the office of Commissioner of Education in place of the office of State School Superintendent; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Education. SR 151. By Senator Perry of the 7th: A resolution applying to the Congress of the United States to call a convention for the purpose of proposing an amendment to the Constitution of the United States with respect to certain disrespectful acts involving the flag of the United States or the flags of the several states. Referred to Committee on Governmental Operations. The following bills and resolutions of the House were read the first time and referred to committees: HB 96. By Representative Kingston of the 125th: A bill to amend Code Section 30-4-1 of the Official Code of Georgia Annotated, relating to the rights of visually handicapped and deaf persons, so as to provide that physically disabled persons shall have the right to be accompanied by a ser vice dog. Referred to Committee on Youth, Aging and Human Ecology. 446 JOURNAL OF THE SENATE HB 186. By Representatives Dixon of the 151st and Twiggs of the 4th: A bill to amend Code Section 17-4-20 of the Official Code of Georgia Annotated, relating to authorization of arrests with and without warrants generally and use of deadly force, so as to provide that the provisions of said Code Section 17-4-20 shall not be construed to restrict the use of deadly force by peace officers of state or local law enforcement agencies when reasonably necessary to prevent escapes or apprehend escapees from state and county correctional institutions, jails, ana other places of lawful confinement. Referred to Committee on Public Safety. HB 240. By Representatives Snow of the 1st, Groover of the 99th, Mobley of the 64th 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 Judiciary. HB 251. By Representatives Randall of the 101st, Bostick of the 138th, Irwin of the 57th and Turnquest of the 56th: A bill to amend Article 1 of Chapter 4 of Title 53 of the Official Code of Georgia Annotated, relating to descent and distribution of deceased's estates, so as to provide that a child or children born out of wedlock may inherit from or through the father under certain conditions; to provide that the father and other paternal kin may inherit from or through a child born out of wedlock under certain conditions. Referred to Committee on Special Judiciary. HB 288. By Representatives Buck of the 95th and Colwell of the 4th: A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions for penal institutions, so as to provide for notifica tion by an institution or facility to a state or local law enforcement agency if such agency is transporting a patient or inmate who has been diagnosed as having an infectious or communicable disease. Referred to Committee on Health and Human Services. HB 303. By Representatives Smyre of the 92nd, McKelvey of the 15th, Martin of the 26th and others: A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations so as to revise comprehensively Chapter 8 of said title, known as the "Employment Security Law". Referred to Committee on Insurance and Labor. HB 323. By Representatives Floyd of the 154th, Smith of the 156th, Purcell of the 129th and others: A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide for the comprehensive regulation of shellfish. Referred to Committee on Natural Resources. FRIDAY, FEBRUARY 8, 1991 447 HB 422. By Representatives Harris of the 84th, Parham of the 105th and Barnett of the 10th: 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 remove the authoriza tion for the issuance of special license plates for citizens band radio operators. Referred to Committee on Public Safety. HB 423. By Representatives Harris of the 84th, Parham of the 105th and Barnett of the 10th: A bill 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 change the defini tion of "resident" with regard to registration and licensing requirements. Referred to Committee on Public Safety. HR 80. By Representatives Colwell of the 4th and Twiggs of the 4th: A resolution authorizing the grant of a nonexclusive easement for the construc tion, operation, and maintenance of an underground audio transmission cable in, on, over, under, upon, across, or through property owned by the State of Georgia in Fannin County and Gilmer County, Georgia. Referred to Committee on Finance and Public Utilities. HR 105. By Representatives Lord of the 107th, Breedlove of the 60th, Wall of the 61st and others: A resolution applying to the Congress of the United States to call a convention for the purpose of proposing an amendment to the Constitution of the United States with respect to certain disrespectful acts involving the flag of the United States or the flags of the several states. Referred to Committee on Governmental Operations. HB 536. By Representative Purcell of the 129th: A bill to amend an Act creating the State Court of Effingham County, as amended, so as to change the salary of the judge and solicitor of said court. Referred to Committee on Urban and County Affairs. HB 549. By Representatives Dixon of the 128th, Pelote of the 127th, Bordeaux of the 122nd and others: A bill to amend an Act creating a new charter for the City of Garden City, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmen. Referred to Committee on Urban and County Affairs. HR 210. By Representatives Tolbert of the 58th, Alford of the 57th, Lawrence of the 49th and others: A resolution creating the DeKalb County Homestead Exemptions Study Committee. Referred to Committee on Rules. The following reports of standing committees were read by the Secretary: Mr. President: The Committee on Agriculture has had under consideration the following bills and reso- 448 JOURNAL OF THE SENATE lution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 126. Do pass. HB 177. Do pass. SR 113. Do pass. HB 256. Do pass. HB 174. Do pass. Respectfully submitted, Senator English of the 21st District, Chairman Mr. President: The Committee on Appropriations 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 284. Do pass by substitute. HB 84. Do pass. Respectfully submitted, Senator Johnson of the 47th District, Chairman Mr. President: The Committee on Health and Human Services has had under consideration the follow ing bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 235. Do pass. Respectfully submitted, Senator Olmstead of the 26th District, Chairman Mr. President: The Committee on Insurance 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 145. Do pass as amended. HB 291. Do pass as amended. Respectfully submitted, Senator Pollard of the 24th District, Chairman Mr. President: The Committee on Insurance and Labor has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the follow ing recommendation: HB 117. Do pass. Respectfullly submitted, Senator Pollard of the 24th District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following bills of the Sen- FRIDAY, FEBRUARY 8, 1991 449 ate and House and has instructed me to report the same back to the Senate with the follow ing recommendations: SB 154. Do pass. HB 167. Do pass as amended. Respectfully submitted, Senator Baldwin of the 29th District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following bill of the Sen ate and has instructed me to report the same back to the Senate with the following reommendation: SB 150. Do pass by substitute. Respectfully submitted, Senator Baldwin of the 29th District, Chairman Mr. President: The Committee on Special Judiciary has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 157. Do pass by substitute. SB 210. Do pass as amended. HB 215. Do pass. Respectfullly submitted, Senator Edge of the 28th District, Chairman Mr. President: The Committee on Natural Resources has had under consideration the folllowing bill and resolution of the House and has instructed me to report the same back to the Senate with the following recommendations: HR 110. Do pass. HB 274. Do pass as amended. Respectfully submitted, Senator Gillis of the 20th 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 223. Do pass. HB 378. Do pass. HB 464. Do pass. Respectfully submitted, Senator Harris of the 27th District, Chairman 450 JOURNAL OF THE SENATE The following bills and resolutions of the Senate and House were read the second time: SB 52. By Senators Clay of the 37th, Newbill of the 56th, Thomnpson of the 33rd and others: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide that it shall be unlawful for any per son to possess an open container of an alcoholic beverage while operating a motor vehicle or while a passenger in a motor vehicle; to provide for a definition; to provide for exceptions; to provide for a penalty. SB 95. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing in general, so as to delete provisions relating to the Georgia Residential Finance Authority and thereby abolish the Georgia Residential Fi nance Authority; to provide for designation of the Georgia Capital Finance Au thority as the State Office of Housing. SB 155. By Senators Scott of the 36th, Foster of the 50th, Kidd of the 25th and others: A bill to amend Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to students and school attendance, so as to change the maxi mum age at which a child is required to be enrolled in a public school, private school, or home study program; to change the provisions relating to exemptions from compulsory attendance; to provide for an effective date. SB 158. By Senators Coleman of the 1st, Hill of the 4th and Thompson of the 33rd: A bill to amend Code Section 32-6-51 of the Official Code of Georgia Annotated, relating to the prohibition and regulation of signs, signals, devices, or structures on or near the rights of way of public roads, so as to authorize the erection and maintenance of bus shelters on rights of way of public roads; to authorize com mercial advertisements on such bus shelters. SB 160. By Senator English of the 21st: A bill to amend Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to the licensing of auctioneers, so as to authorize the Georgia Auctioneers Commission to require continuing education; to change the provisions of reci procity; to authorize the commission to charge fees. SB 161. 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 provide for the creation of the auctioneers educa tion, research, and recovery fund; to provide for fees; to provide for the use of such fund; to provide for the administration of the fund; to provide for a mini mum balance; to provide for claims, payments, and liability. SB 168. By Senators Kidd of the 25th, Walker of the 43rd, Langford of the 35th and others: A bill to amend Chapter 4 of Title 43 of the Official Code of Georgia Annotated, relating to architects, so as to provide for the registration and regulation of regis tered interior designers; to define certain terms; to designate certain Code sec tions as an article of Chapter 4 of Title 43; to create the State Board of Registra tion of Interior Designers as a division of the State Board of Architects. FRIDAY, FEBRUARY 8, 1991 451 SB 190. 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, so as to change the provisions relating to the establishment of such plans; to provide for the State Personnel Board to estab lish a schedule of fees for hospitals, practitioners of the healing arts, and pharmacists. SB 195. By Senator Ramsey of the 54th: A bill to amend Code Section 48-14-2 of the Official Code of Georgia Annotated, relating to apportionment of payments by the TVA in lieu of taxes, so as to provide for definitions; to change the method of apportioning such payments. SB 202. By Senator Baldwin of the 29th: A bill to amend Code Section 46-4-25 of the Official Code of Georgia Annotated, relating to factors to be considered by the Public Service Commission in granting certificates of public convenience and necessity, so as to provide that the com mission shall also consider whether the purchase price is reasonable in light of the present value of the system to be acquired when an applicant seeks to ac quire a gas pipeline or distribution system of a municipal corporation; to provide that the purchase price is the measure of value of the system to be included in the applicant's rate base for rate-making purposes subject to the depreciation thereafter allowed upon such system. SB 220. By Senators Ragan of the 32nd, Clay of the 37th and Edge of the 28th: A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly in general, so as to provide for personal identifi cation cards for former members of the General Assembly; to provide for an ex ception; to provide that the cards shall be issued by the Georgia Building Authority. SB 222. By Senators Kidd of the 25th, Harris of the 27th, Hammill of the 3rd and others: A bill to amend Chapter 20 of Title 43 of the Official Code of Georgia Annotated, known as the "Georgia Hearing Aid Dealers and Dispensers Act," so as to change the composition of the State Board of Hearing Aid Dealers; to change the provi sions relating to the issuance of dispensers' licenses; to change certain provisions relating to examination of applicants for a license. SR 122. By Senators Collins of the 17th, Perry of the 7th and Burton of the 5th: A resolution designating the "Raymond G. Davis Medal of Honor Highway". HB 33. By Representative Cummings of the 17th: A bill to amend Article 4 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to procedures controlling retirement bills in the General As sembly under the "Public Retirement Systems Standards Law," so as to require certification by the state auditor as a condition precedent to the introduction of any retirement bill, including a retirement bill having a fiscal impact. HB 34. By Representative Cummings of the 17th: A bill to amend Article 6 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to miscellaneous provisions of the "Public Retirement Sys tems Standards Law," so as to provide that a certain amendment to the law au thorizing boards of trustees of retirement or pension systems to increase benefits to offset wholly or partially the taxation of such benefits under Georgia income 452 JOURNAL OF THE SENATE tax laws shall not be subject to the said "Public Retirement Systems Standards Law". HB 35. By Representative Cummings of the 17th: A bill to amend Code Section 47-1-30 of the Official Code of Georgia Annotated, relating to the authority of boards of trustees of public retirement systems to increase benefits to offset wholly or partially the taxation of benefits under Geor gia income tax laws, so as to provide that the authority granted by said Code section shall apply to both present and future retirees and beneficiaries. HB 40. By Representative Cummings of the 17th: A bill to amend Code Section 47-2-141 of the Official Code of Georgia Annotated, relating to employer contributions made to the Employees' Retirement System of Georgia on behalf of members while in the armed forces under certain conditions, so as to provide that such employer contributions shall be made by employers and shall be paid into the pension accumulation fund. HB 43. By Representative Cummings of the 17th: A bill to amend Code Section 47-2-222 of the Official Code of Georgia Annotated, relating to the normal and accrued liability employer contribution rates for cer tain state departments, so as to change the provisions relating to the amount of such contributions. HB 78. By Representatives Buck of the 95th and Cummings of the 17th: A bill to amend Code Section 47-3-68 of the Official Code of Georgia Annotated, relating to members of the Teachers Retirement System of Georgia who are eligi ble to participate in the optional retirement plan of the Board of Regents of the University System of Georgia, so as to clarify the provisions relating to the accu mulated contributions of members who elect or have elected to participate in said optional retirement plan. HB 201. By Representatives Holmes of the 28th, Greene of the 130th, 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 all write-in candidates to designate the specific office sought where an office has multiple officeholders. HB 202. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd and others: A bill to amend Code Section 15-6-56 of the Official Code of Georgia Annotated, relating to filling vacancies in the office of clerk of superior court in counties with a chief deputy clerk, so as to change the time period during which the chief dep uty clerk shall serve as clerk of the superior court. HB 204. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd and others: A bill to amend Code Section 21-3-91 of the Official Code of Georgia Annotated, relating to filing notice of candidacy in municipal elections so as to revise the time period for filing such notice with respect to certain municipal general or special elections. FRIDAY, FEBRUARY 8, 1991 453 HB 209. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd and others: A bill to amend Part 5 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to election and qualification of county tax officials, so as to change certain provisions regarding the conducting of a special election to fill certain vacancies in the office of tax receiver, tax collector, or tax commissioner. HB 263. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st: A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of Georgia income taxa tion, so as to provide a credit against income taxes otherwise due to certain em ployers who provide certain basic skills education to certain employees. HR 156. By Representatives Watts of the 41st and Murphy of the 18th: A resolution designating the Jimmy Lee Campbell Memorial Highway. The President called for the morning roll call, and the following Senators answered to their names: Albert Alien Baldwin Bowen Broun Burton Cky Coleman TDD-\ eaawliki* ns Dean Echols Edge Egan English Foster Garner Gillis Harris Hasty Henson Hill Hooks Huggins Johnson TKL^ai-dn.JdgJ ford Marable Move Newbill Olmstead Perdue Perry Phillips Those not answering were Senators: Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Shumake a*,TM ocSLt, eamr. rb, erg *ate Taylor Thompson Timmons Turner Tysinger White Bishop Collins Hammill Scott Walker of 22nd Walker of 43rd Senator Dawkins of the 45th introduced the chaplain of the day, Dr. John W. Wyatt, pastor of the First Baptist Church of Conyers, Georgia, who offered scripture reading and prayer. 454 JOURNAL OF THE SENATE The following resolutions of the Senate were read and adopted: SR 154. By Senators Collins of the 17th and Starr of the 44th: A resolution commending Clayton County Sheriff D. G. "Bill" Lemacks. SR 155. By Senator Collins of the 17th: A resolution commending Annie Q. Chafin. SR 156. By Senators Starr of the 44th and Shumake of the 39th: A resolution commending Gilbert G. Dulaney. 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 February 8, 1991 SEVENTEENTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) SB 223 Kidd, 25th A bill to create a public body corporate and politic, and an instrumentality of the County of Jasper, to be known as the Jasper County Economic Develop ment Auhority; to provide a short title, terms used in the Act, purposes and powers; issuance of its revenue bonds; to provide for the authorized contents of the authority's agreement. HB 378 Baldwin, 29th To be entitled an Act to repeal an Act creating a board of elections and regis tration in Troup County. HB 464 Perry, 7th To change the compensation and salary of the chairman of the board of Com missioners of Tift County. The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to. On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bowen Broun Burton Clay Coleman Collins Dawkins Echols Edge Egan English Foster Gillis Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th FRIDAY, FEBRUARY 8, 1991 455 Ragan of 32nd Ramsey Robinson Scott Shumake Starr Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Bishop Deal Dean Garner Hammill Langford Ray Steinberg On the passage of all the local bills, the yeas were 48, nays 0. All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed. SENATE CALENDAR Friday, February 8, 1991 SEVENTEENTH LEGISLATIVE DAY SR 106 Baldwin County--conveyance of certain state property (Substi tute) (F&PU--25th) (Pursuant to Senate Rule 143, final passage of the bill was suspended on Febru ary 7, 1991.) HB 231 Housing Authorities--employ housing authority police (Substitute) (U&CA G--39th) (Pursuant to Senate Rule 143, final passage of the bill was suspended on Febru ary 7, 1991.) SB 110 Insurance fraud--felony offense (I&L--45th) SB 133 Covenants Running with the Land--Continuation (Judy--51st) SB 142 Oil, Hazardous Material Spills, Releases--reporting (Nat R--54th) SB 164 Peace Officer, Prosecutor Training Fund Act--fund disbursement (Pub S--37th) SB 170 Hospital Liens--time period (H&HS--54th) SB 171 Sheriffs Fees in Civil, Criminal Cases--change (Substitute) (Pub S--54th) SB 172 Public Safety Uniform Division--educational requirements (Pub S--54th) SB 178 Certain Child Testimony--provisions on closed circuit television (YA&HE--33rd) SB 179 Persons Responding to Oil Spills--limited liability immunity (Nat R--1st) SB 180 Charitable Organizations for Employee Deductions--certain funds eligible (Ed--10th) SB 181 Cosmetologists--continuing education (Gov Op--30th) SB 183 State Purchasing--provisions on sealed bids, advertisement (Gov Op--30th) SB 186 Nursing Homes--obtain letter of credit from resident's bank (YA&HE--42nd) SB 188 Geologists--change certain provisions (Gov Op--3rd) SB 189 Legislative Services Committee--change composition (Gov Op--49th) SB 192 Health Policy Council--abolish and create Health Strategies Council (H&HS--26th) SB 196 Combined Sewer Overflow Operator--submit plan to treat sewage (Substitute) (Nat R--28th) 456 JOURNAL OF THE SENATE HB 2 Clinical Laboraties--certain tissue banks under definition (H&HS--26th) HB 247 Restricted Learner's Permit--certain 14 year olds (Pub S--30th) HR 7 Lottery--General Assembly provide by law (Amendment) (F&PU--45th) SR 95 Arctic National Wildlife Refuge--leases for development of oil resources (Nat R--41st) SB 21 Reptiles in Religious Services--unlawful (Amendment) (S Judy--25th) The following general resolution of the Senate, having been read the third time on Feb ruary 7 and final action suspended until today, pursuant to Senate Rule 143, was continued upon its passage: SR 106. By Senator Kidd of the 25th: A resolution authorizing the conveyance of certain state owned real property lo cated in Baldwin County, Georgia, to Garvis Youngblood and the acceptance of certain real property owned by Garvis Youngblood located in Baldwin County, Georgia, in consideration therefor; to provide an eifective date. The substitute to SR 106 offered by Senator Kidd of the 25th on February 7, as it appears in the Journal of February 7, was automatically reconsidered and put upon its adoption. On the adoption of the substitute, the yeas were 40, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the adoption of the resolution, was agreed to by substitute. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan English Foster Gillis Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson Shumake Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Deal Garner Hammill Moye Ray Scott Starr On the adoption of the resolution, the yeas were 49, nays 0. FRIDAY, FEBRUARY 8, 1991 457 The resolution, having received the requisite constitutional majority, was adopted by substitute. The following general bill of the House, having been read the third time on February 7 and final action suspended until today, pursuant to Senate Rule 143, was continued upon its passage: HB 231. By Representatives Davis of the 29th and McKinney of the 35th: A bill to amend Part 2 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the powers of housing authorities to employ se curity personnel, to be known as housing authority police. Senate Sponsor: Senator Shumake of the 39th. The substitute to HB 231 offered by Senator Shumake of the 39th on February 7, as it appears in the Journal of February 7, was automatically reconsidered and put upon its adoption. Senator Shumake of the 39th asked unanimous consent that the substitute offered by Senator Shumake of the 39th to HB 231 on February 7 be withdrawn; the consent was granted, and the substitute offered by Senator Shumake of the 39th to HB 231 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 Alien Baldwin Bishop Bowen Broun urton X ,y CT Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks ^ins TM Kldd Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 43rd White Voting in the negative were Senators Langford and Marable. Not voting were Senators Starr and Walker of the 22nd. On the passage of the bill, the yeas were 52, nays 2. The bill, having received the requisite constitutional majority, was passed. 458 JOURNAL OF THE SENATE Senator Langford of the 35th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing HB 231. The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage: SB 110. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to provide that the offense of insurance fraud shall be a felony offense; to provide for the notification of law enforcement agen cies by insurers when such insurer has knowledge of a fraudulent insurance act which has not been reported to a law enforcement agency. Senator Dawkins of the 45th moved that SB 110 be postponed until Tuesday, February 12. On the motion, the yeas were 41, nays 0; the motion prevailed, and SB 110 was post poned until Tuesday, February 12. SB 133. By Senator Hasty of the 51st: A bill to amend Code Section 44-5-60 of the Official Code of Georgia Annotated, relating to convenants running with the land, so as to change the provisions re garding the continuation of such covenants. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg ,, i,8^ Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Voting in the negative was Senator Albert. Not voting were Senators Dawkins and Huggins. On the passage of the bill, the yeas were 53, nays 1. FRIDAY, FEBRUARY 8, 1991 459 The bill, having received the requisite constitutional majority, was passed. SB 142. By Senator Ramsey of the 54th: A bill to amend Chapter 14 of Title 12 of the Official Code of Georgia Annotated, relating to oil or hazardous material spills or releases, so as to define certain terms; to provide for reporting of spills or releases of hazardous substances in certain amounts. Senator Ramsey of the 54th offered the following amendment: Amend SB 142 by striking on page 1, line 8, the following: "Chapter", and inserting in lieu thereof: "Section". 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 Alien Bowen Broun Burton Clay Coleman Collins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Johnson Kidd Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Shumake Starr Steinberg Tate Taylor Thompson Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Baldwin Bishop Dawkins Huggins Langford Scott Timmons Turner On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. 460 JOURNAL OF THE SENATE SB 164. By Senators Clay of the 37th, Newbill of the 56th, Ragan of the 32nd, Thompson of the 33rd and others: A bill to amend Article 4 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, the "Peace Officer and Prosecutor Training Fund Act of 1983," so as to provide that funds remitted pursuant to such Act shall be disbursed on an annual basis to the Georgia Public Safety Training Center and the Georgia Peace Officer Standards and Training Council; to establish the percentage of such disbursement. Senators Clay of the 37th and Broun of the 46th offered the following amendment: Amend SB 164 by adding at page 2, line 16, following the period after the word "Coun cil." the following: "The cost for a local peace officer training conducted at the Georgia Public Safety Training Center shall be reimbursed by the Peace Officer Training and Standards Council in accordance with the Council's approval and reimbursement criteria. Nothing in this Act shall preclude the use of said funds for the training of prosecutorial officers. Neither shall this Act preclude the appropriation of a greater amount for the training of public safety personnel." On the adoption of the amendment, the yeas were 40, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Coleman CDoalwliknisns Dean Echols Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hil1 Hooks Hu,ggins Johnson KMiadrdable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Steinberg Thompson l lmmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Deal Langford Edge Shumake Starr Tate On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. FRIDAY, FEBRUARY 8, 1991 461 SB 170. By Senator Ramsey of the 54th: A bill to amend Part 8 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of hospitals, so as to change the time period for perfecting a lien. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Clay CCo!llfimnsan Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks JHouh, gngsionns Kidd Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Rav Robinson Scott gtarr S_tein. berg ^ylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Langford Shumake Tate On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Ray of the 19th introduced the doctor of the day, Dr. Perry Streat, of Alma, Georgia. The following general bills of the Senate and House, favorably reported by the commit tees, were read the third time and put upon their passage: SB 171. By Senator Ramsey of the 54th: A bill to amend Code Section 15-16-21 of the Official Code of Georgia Annotated, relating to the fees for sheriffs services and the disposition of fees, so as to change certain fees for the services of a sheriff in civil and criminal cases. The Senate Committee on Public Safety offered the following substitute to SB 171: A BILL To be entitled an Act to amend Code Section 15-16-21 of the Official Code of Georgia Annotated, relating to the fees for sheriffs services and the disposition of fees, so as to 462 JOURNAL OF THE SENATE change certain fees for the services of a sheriff in civil and criminal cases; to repeal conflict ing laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 15-16-21 of the Official Code of Georgia Annotated, relating to the fees for sheriffs services and the disposition of fees, is amended by striking subsections (b) and (c) in their entirety and inserting in their respective places new subsections (b) and (c) to read as follows: "(b) For the services of the sheriff in civil cases, the following fees shall be charged: (1) Serving copy of process and returning original, per copy .............. $30.00 (2) Action from another county, to be paid in advance ................... 30.00 (3) Summoning each witness ........................................... 10.00 (4) Each levy or writ of fieri facias ..................................... 30.00 (5) Search and return of nulla bona .................................... 30.00 (6) Serving summons of garnishment or rule against garnishee ............ 30.00 If more than one, for each additional copy ........................... 10.00 (7) Commissions on sales of property: On sums of $50.00 or less .......................................... 9% On excess above $50.00 up to $550.00................................ 7% For all sums exceeding $550.00, on excess ............................ 5% No commissions shall be charged unless property is actually sold. (8) Making out and executing titles to land.............................. 30.00 If presented by purchaser .......................................... 25.00 (9) Executing bill of sale to personal property, when demanded by purchaser ......................................................... 20.00 (10) Forthcoming bonds ................................................ 20.00 (11) Serving process against tenant over or intruder upon land to dispossess them ............................................................. 20.00 (12) For dispossessing tenant or intruder ................................. 20.00 (13) Taking and returning counter-affidavit when summary process to dispossess tenant or intruder is resisted .............................. 20.00 (14) Settling each execution in his hands, settled without sale .............. 20.00 (15) Levying an attachment ............................................. 30.00 (16) Following property out of county with attachment, for every mile going and returning ..................................................... .21 (17) Attending superior, state, or city courts, per day...................... 20.00 (18) Probate courts, per day ............................................ 15.00 (19) At elections as required by law, each day ............................ 20.00 (20) Collecting tax fi. fas. $100.00 or less, each ............................ 10.00 FRIDAY, FEBRUARY 8, 1991 463 (21) Collecting tax fi. fas. over $100.00, each .............................. 15.00 (c) For the services of the sheriff in criminal cases, the following fees shall be charged: (1) Removing prisoner when habeas corpus is sought for his relief ........ $15.00 (2) Removing prisoners under habeas corpus when no mileage is paid, per day.............................................................. 15.00 (3) Attending persons taken by warrant to judge's chamber, for each time 4.50 (4) Conducting prisoner before judge or court to and from jail ........... 4.50 (5) Executing and returning any warrant ............................... 30.00 (6) Serving any citation issued pursuant to Article 10 of Chapter 10 of this title, relating to bad check prosecutions or any warrant .......... 30.00 (7) Summoning each witness .......................................... 10.00 (8) Taking bonds in criminal cases. .................................... 15.00 (9) Executing a warrant of escape ..................................... 10.00 (10) Service in every criminal case before a judge or a judge and jury...... 10.00" Section 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 35, nays 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 Alien Baldwin Bishop Bowen Broun Clay Coleman Collins Dean Echols Edge Egan English Foster Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Kidd Marable Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Stein berg Tate Taylor Thompson Timmons Turner Tysinger Walker of 43rd White Those voting in the negative were Senators: Burton Dawkins Deal Garner Johnson 464 JOURNAL OF THE SENATE Those not voting were Senators: Langford Moye Shumake Starr Walker of 22nd On the passage of the bill, the yeas were 46, nays 5. The bill, having received the requisite constitutional majority, was passed by substitute. SB 172. By Senator Ramsey of the 54th: A bill to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to change the educational re quirements for appointment to the Uniform Division; to change the composition of the State Patrol Disciplinary Board. Senator Garner of the 30th moved that SB 172 be committed to the Senate Committee on Public Safety. On the motion, the yeas were 42, nays 3; the motion prevailed, and SB 172 was commit ted to the Senate Committee on Public Safety. SB 178. By Senators Thompson of the 33rd, Newbill of the 56th, Dean of the 31st and Garner of the 30th: A bill to amend Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to criminal trial proceedings so as to change the provisions regarding closed circuit television testimony by certain children who are victims or witnesses of certain crimes; to provide an effective date. Senator Thompson of the 33rd moved that SB 178 be postponed until Monday, Febru ary 11. On the motion, the yeas were 37, nays 0; the motion prevailed, and SB 178 was post poned until Monday, February 11. SB 179. By Senators Coleman of the 1st, Alien of the 2nd and Hammill of the 3rd: A bill to amend Chapter 5 of Title 12 of the Official Code of Georgia annotated, relating to water resources, so as to provide for limited immunity from liability for persons responding to an oil spill or threat of an oil spill; to provide for defi nitions; to provide for applicability; to provide for certain liability regarding re moval costs and damages; to provide for liability with respect to certain responsi ble parties. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Huggins Kidd FRIDAY, FEBRUARY 8, 1991 465 Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Shumake Starr Steinberg Tate Taylor Thompson Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Hooks Johnson Langford Scott Timmons Turner Tysinger Walker of 22nd Walker of 43rd White On the passage of the bill, the yeas were 51, nays 0. The bill having received the requisite constitutional majority, was passed. SB 180. By Senators Ragan of the 10th, Foster of the 50th, Hasty of the 51st and others: A bill to amend Code Section 45-20-51 of the Official Code of Georgia Annotated, relating to definitions applicable to allowing voluntary deductions from wages or salaries of state employees for the benefit of certain charitable organizations, so as to change the definition of an eligible voluntary charitable organization to in clude the Georgia Fund for Technical and Adult Education, Inc. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen CrCDooa,,,lwleh.mknisanns Deai Dean Echols Edge English Foster Garner Gillis Hammill Harris Hasty Henson Hill JTK.M.o^.iha-dJrndJasb,o.lne Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 32nd Ramsey Ray Robinson Starr Steinberg TTTrTrIiaha, yJtoelimorpson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Egan Hooks Huggins Langford Ragan of 10th Scott Shumake 466 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 181. By Senator Garner of the 30th: A bill to amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, so as to provide for continuing education for certain holders of certificates of registration; to provide for revocation and reinstatement of certificates. Senator Kidd of the 25th moved that SB 181 be committed to the Senate Committee on Governmental Operations. On the motion, the yeas were 32, nays 0; the motion prevailed, and SB 181 was commit ted to the Senate Committee on Governmental Operations. SB 183. By Senators Garner of the 30th and Olmstead of the 26th: 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 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 purcfhase will exceed $50,000.00; to provide that any official who willfully makes purchases in violation of this Act shall be liable for the cost thereof; to provide an effective date. Senator Garner of the 30th moved that SB 183 be postponed until Monday, February 11. On the motion, the yeas were 32, nays 0; the motion prevailed, and SB 183 was post poned until Monday, February 11. SB 186. by Senators Steinberg of the 42nd, Scott of the 36th and Henson of th the 55th: A bill to amend Code section 31-8-115 of the Official Code of Georgia Annotated, relating to use of payments made on behalf of residents of long-term care facili ties, so as to provide for irrevocable letters of credit instead of bonds for certian purposes. A bill to amend Code Section 31-8-115 of the Official Code of Georgia Annotated, relat- FRIDAY, FEBRUARY 8, 1991 467 ing to use of payments made on behalf of residents of long-term care facilities, so as to provide for irrevocable letters of credit instead of bonds for certain purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bowen Broun Bu,rton Coeman Cj-jollm , S Dean Echols Edge Egan Foster Gillis Hammill Harris Hasty Henson Hill Huggins Johnson Ridd xM, arabuli e Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Starr Steinberg mTat^e Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Bishop Clay Dawkins English Garner Hooks Langford Scott Shumake Taylor On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 188. By Senators Hammill of the 3rd, Hill of the 4th and Tysinger of the 41st: A bill to amend Chapter 19 of Title 43 of the Official Code of Georgia Annotated, relating to geologists, so as to change certain provisions; to provide that the board may accept supervision by certain individuals; to hange the provisions re lating to certification in a specialty; to delete board approval of sources for seals. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster 468 JOURNAL OF THE SENATE Garner Gillis Hammill Harris Huggins Johnson Kidd Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Steinberg Tate Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Hooks Starr Langford Taylor On the passage of the bill, the yeas were 52, nays 0. The bill having received the requisite constitutional majority, was passed. SB 189. By Senators Deal of the 49th and Garner of the 30th: A bill to amend Code Section 28-4-1, relating to the Legislative Services Commit tee of the General Assembly, so as to change the composition of the committee; 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 Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators Langford and Shumake. FRIDAY, FEBRUARY 8, 1991 469 On the passage of the bill, the yeas were 54, nays 0. The bill having received the requisite constitutional majority, was passed. HB 2. By Representatives Childers of the 15th and Redding of the 50th: A bill to amend Code Section 31-22-1 of the Official Code of Georgia Annotated, relating to definitions regarding clinical laboratories, so as to include certain tis sue banks under the definition of "clinical laborabories". 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 Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Olmstead Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Steinberg Tate Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Voting in the negative was Senator Perdue. Those not voting were Senators: Henson Langford Shumake Starr Taylor On the passage of the bill, the yeas were 50, nays 1. The bill, having received the requisite constitutional majority, was passed. HB 247. By Representatives Parham of the 105th, Murphy of the 18th, Barnett of the 10th and Harris of the 84th: A bill to amend Code Section 40-5-22 of the Official Code of Georgia Annotated, relating to persons who may not be issued a driver's license, so as to provide for issuance of a restricted learner's permit to certain persons 14 years of age. Senate Sponsor: Senator Garner of the 30th. The report of the committee, which was favorable to the passage of the bill, was agreed to. 470 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 Alien Baldwin Bishop Bowen Coleman DDaewankins Echols English Garner Gillis Hammill Harris Henson Hill Hooks Johnson Kidd MMoaryaeble Olmstead Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Tt T"hompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd Those voting in the negative were Senators: Broun Burton Collins Deal Edge Egan Foster Hasty Huggins Langford Phillips Shumake Starr Steinberg White Those not voting were Senators: Clay Newbill Taylor On the passage of the billl, the yeas were 38, nays 15. The bill, having received the requisite constitutional majority, was passed. The following general resolution of the House, favorably reported by the committee, was read the third time and put upon its adoption: HR 7. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st: Senate Sponsor: Senator Dawkins of the 45th. A RESOLUTION Proposing an amendment to the Constitution so as to provide that the General Assem bly may by law provide for a lottery or lotteries run by or on behalf of the state; to provide for payment of expenses and prizes; to provide for designation of net proceeds in the annual budget; to provide for creation of a separate budget category entitled "Lottery Proceeds" and to require specific appropriations therefrom for educational programs and educational purposes; to prohibit other lotteries; to prohibit pari-mutuel betting and casino gambling; to provide for certain constitutional exceptions; 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 I, Section II of the Constitution is amended by striking in its entirety Paragraph VIII and inserting in lieu thereof a new Paragraph VIII to read as follows: "Paragraph VIII. Lotteries and nonprofit bingo games, (a) Except as herein specifically provided in this Paragraph VIII, all lotteries, and the sale of lottery tickets, and all forms of FRIDAY, FEBRUARY 8, 1991 471 pari-mutuel betting and casino gambling are hereby prohibited; and this prohibition shall be enforced by penal laws. (b) The General Assembly may by law provide that the operation of a nonprofit bingo game shall not be a lottery and shall be legal in this state. The General Assembly may by law define a nonprofit bingo game and provide for the regulation of nonprofit bingo games. (c) The General Assembly may by law provide for the operation and regulation of a lottery or lotteries by or on behalf of the state and for any matters relating to the purposes or provisions of this subparagraph. Proceeds derived from the lottery or lotteries operated by or on behalf of the state shall be used to pay the operating expenses of the lottery or lotteries, including all prizes, without any appropriation required by law, and for educa tional programs and purposes as hereinafter provided. Lottery proceeds shall not be subject to Article VII, Section III, Paragraph II; Article III, Section IX, Paragraph VI(a); or Article III, Section IX, Paragraph IV(c), except that the net proceeds after payment of such operat ing expenses shall be subject to Article VII, Section III, Paragraph II. Net proceeds after payment of such operating expenses shall be separately accounted for and shall be specifi cally identified by the Governor in his annual budget presented to the General Asssembly as a separate budget category entitled 'Lottery Proceeds' and the Governor shall make specific recommendations as to educational programs and educational purposes to which said net proceeds shall be appropriated. In the General Appropriations Act adopted by the General Assembly, the General Assembly shall appropriate all net proceeds of the lottery or lotteries by such separate budget category to educational programs and educational purposes as specified by the General Assembly." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "[ ] YES [ ] NO "Shall the Constitution be amended so as to provide that the General As sembly may by law provide for the operation and regulation of a state operated and regulated lottery or lotteries, for payment of the expenses of the lottery or lotteries from proceeds derived therefrom, and for the designation of and appropriation from a separate budget category entitled 'Lottery Pro ceeds' with the General Appropriations Act specifically identifying to which educational programs and educational purposes net lottery proceeds are ap propriated?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""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. Senator Bishop of the 15th offered the following amendment: Amend HR 7 by inserting after the word "purposes" on line 8 of page 1 the following: ", including counseling, rehabilitation, and treatment programs and services for com pulsive gamblers". By inserting after the word "purposes" on line 12 of page 2 the following: ", which programs and purposes shall include counseling, rehabilitation, and treatment programs and services for compulsive gamblers,". By inserting after the word "purposes" on line 25 of page 2 the following: ", which programs and purposes shall include counseling, rehabilitation, and treatment programs and services for compulsive gamblers,". 472 JOURNAL OF THE SENATE By inserting after the word "purposes" on line 30 of page 2 the following: ", which programs and purposes shall include counseling, rehabilitation, and treatment programs and services for compulsive gamblers,". By inserting after the word "purposes" on line 19 of page 3 the following: ", which programs and purposes shall include counseling, rehabilitation, and treatment programs and services for compulsive gamblers,". Senator Bishop of the 15th asked unanimous consent to withdraw his amendment; the consent was granted, and the amendment offered by Senator Bishop of the 15th was withdrawn. Senator Collins of the 17th offered the following amendment: Amend HR 7 by adding after the semicolon on line 11 of page 1 the following: "to provide for resubmission of existence of any such lottery or lotteries to the electo rate in 1996;". By adding after the designation "(c)" on line 3 of page 2 the designation "(1)". By striking the word "and" on line 5 of page 2 and inserting in its place the following: ", subject to the resubmission of existence of any such lottery or lotteries to the electo rate as provided in division (2) of this subparagraph. The General Assembly may provide by law". By striking the quotation mark on line 31 of page 2 and inserting immediately thereaf ter the following: "(2) The question of the authority of the state to provide for the operation and regula tion of a lottery or lotteries by or on behalf of the state shall again be submitted at the 1996 general election to the electors of the state qualified to vote for members of the General Assembly. The manner of such submission shall be generally the same as the manner of submission of constitutional amendments for ratification or rejection. The ballot submitting such question shall have written or printed thereon the following: '[ ] YES [ ] NO Shall the state's authority to provide for the operation and regulation of a lottery or lotteries be continued in effect?' All persons desiring to vote in favor of continuing such authority shall vote 'yes'- All persons desiring to vote against continuing such authority shall vote 'no'. If a majority of the electors voting thereon vote 'yes>. then the authority of the General Assembly to provide for the operation and regulation of a lottery or lotteries, as provided in division (1) of this subparagraph, shall continue in effect. Otherwise, if a majority of the electors voting thereon do not vote 'yes>> then the authority of the State to operate or regu late a lottery or lotteries shall terminate on June 30, 1997; and in such case on and after July 1, 1997, all lotteries, and the sale of lottery tickets, shall be prohibited and this prohibi tion shall be enforced by penal laws.'" By adding immediately before the question mark on line 20 of page 3 the following: "; and so as to provide for resubmission of the existence of any such lottery or lotteries to the electorate in 1996". On the adoption of the amendment offered by Senator Collins of the 17th, Senator Dawkins of the 45th called for the yeas and nays; the call was sustained, and the vote was as follows: FRIDAY, FEBRUARY 8, 1991 473 Those voting in the affirmative were Senators: Burton Clay Collins Egan Langford Newbill Perdue Phillips Tysinger White Those voting in the negative were Senators: Albert Alien Baldwin Bishop Bowen roun , Dean Echols Edge English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks HuggiDS Johnson Kidd Marable Moye Olmstead Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate Taylor Thompson Timmons Turner Walker of 22nd Walker of 43rd On the adoption of the amendment, the yeas were 10, nays 46, and the amendment offered by Senator Collins of the 17th was lost. 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 Alien Baldwin Bishop Bowen Broun Clay Coleman Collins Dawkins Deal Dean Echols Egan English Foster Garner Hammill Hasty Henson Hm Hooks Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Steinberg Tate T, * aylor Thompson limmons Turner Tysinger Walker of 22nd Walker of 43rd White Those voting in the negative were Senators: Burton Edge Gillis Harris Huggins Perry Phillips Pollard Starr 474 JOURNAL OF THE SENATE On the adoption of the resolution, the yeas were 47, nays 9. The resolution, having received the requisite two-thirds constitutional majority, was adopted. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has disagreed to the Senate amendment to the following resolution of the House: HR 229. By Representatives Murphy of the 18th, Walker of the 115th, Groover of the 99th, Lee of the 72nd, Connell of the 87th and others: A resolution relative to adjournment. The following resolution of the House was taken up for the purpose of considering the House action thereon: HR 229. By Representatives Murphy of the 18th, Walker of the 115th, Groover of the 99th and others: A resolution relative to adjournment by the General Asssembly at 5:00 o'clock P.M. on Friday, February 8, 1991, and to reconvene at 10:00 o'clock A.M. on Monday, February 11, 1991. Senator Garner of the 30th moved that the Senate recede from the Senate amendment to HR 229. On the motion, the yeas were 40, nays 1; the motion prevailed, and the Senate receded from the Senate amendment to HR 229. Senator Deal of the 49th, President Pro Tempore, assumed the Chair. The following resolution of the Senate, having been read the third time on February 4 and postponed until February 8, was put upon its adoption: SR 95. By Senator Tysinger of the 41st: A resolution relative to granting leases on the coastal plain of the Arctic National Wildlife Refuge for exploration and development of oil and gas resources. Senator Tysinger of the 41st offered the following substitute to SR 95: A RESOLUTION Relative to the initiation of geologic and geophysical exploration to determine the ex tent of oil and gas resources on the North Slope of Alaska; and for other purposes. WHEREAS, the recent decline in domestic oil and gas exploration and production along with a great increase in the importation of foreign crude oil has increased U.S. depen dence on foreign sources of supply; and WHEREAS, oil from Prudhoe Bay on Alaska's North Slope currently accounts for over 20 percent of total U.S. production, but the near future will see a rapid decline in this production; and WHEREAS, major new discoveries of oil and gas are urgently needed, and would re- FRIDAY, FEBRUARY 8, 1991 475 duce our nation's dependence on foreign sources of supply and, thereby, enhance our eco nomic and military security; and WHEREAS, in addition to increasing U.S. energy self-sufficiency, new domestic discov eries of oil and gas would provide economic benefits to the lower 48 states, since studies by the Alaska Oil and Gas Association indicate that over $9 billion was spent since 1980 to provide parts, equipment, other supplies, and labor in support of the oil industry in Alaska; and WHEREAS, the Arctic Slope Regional Corporation (ASRC) holds statutory entitlement to subsurface mineral rights beneath 92,000 acres of Kaktouik Inupiat Corporation (KIC) land holdings on the North Slope of Alaska, but is currently prohibited by law from exercis ing those rights; and WHEREAS, more thorough geologic and geophysical studies would help determine the extent and economic potential of petroleum resources on Alaska's North Slope. NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that the members of the Georgia delegation to the United States Congress are urged to support the immediate grant ing to the Arctic Slope Regional Corporation of rights to begin geological and geophysical exploration of KIC lands on the North Slope of Alaska for the purpose of determining the extent of potential oil and gas resources. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and di rected to transmit an appropriate copy of this resolution to each member of the Georgia delegation to the United States Congress. On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted. Senator Deal of the 49th, President Pro Tempore, who was presiding, announced that, pursuant to Senate Rule 143, consideration of SR 95 would be suspended until the next meeting day of the Senate, Monday, February 11. The following general bill of the Senate, having been read the third time on February 1 and lost, and reconsidered on February 4, was put upon its passage: SB 21. By Senator Kidd of the 25th: A bill to amend Part 1 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding dangerous instru mentalities and practices, so as to make it unlawful for any person to display, handle, or use any kind of reptile in connection with any religious service or gathering; to provide a penalty. Senator Kidd of the 25th moved that SB 21 be committed to the Senate Committee on Special Judiciary. On the motion, the yeas were 41, nays 0; the motion prevailed, and SB 21 was commit ted to the Senate Committee on Special Judiciary. At 12:56 o'clock P.M., Senator Deal of the 49th, President Pro Tempore, who was pre siding, announced that the Senate would stand in recess until 5:00 o'clock P.M. at which time it would stand adjourned pursuant to HR 229, adopted previously, until Monday, Feb ruary 11, at 10:00 o'clock A.M. 476 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Monday, February 11, 1991 Eighteenth Legislative Day The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President. Senator Huggins of the 53rd reported that the Journal of the proceedings of Friday, February 8, had been read and found correct. Senator Langford of the 35th moved that the Senate reconsider its action on Friday, February 8, in passing the following bill of the House: HB 231. By Representatives Davis of the 29th and McKinney of the 35th: A bill to amend Part 2 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the powers of housing authorities to employ se curity personnel, to be known as housing authority police. On the motion, the yeas were 34, nays 0; the motion prevailed, and HB 231 was recon sidered and placed at the foot of the Senate Calendar for today. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House: HB 583. By Representative Smith of the 78th: A bill to amend an Act creating the Board of Commissioners of Butts County, so as to revise and change certain provisions requiring quarterly publication of an itemized statement of receipts and disbursements. HB 585. By Representative Smith of the 78th: A bill to amend an Act abolishing the present method of compensating the clerk of the Superior Court of Butts County known as the fee system and providing in lieu thereof an annual salary, so as to change the compensation for said officer. HB 587. By Representative Smith of the 78th: A bill to amend an Act abolishing the present method of compensating the tax commissioner of Butts County known as the fee system and providing in lieu thereof an annual salary, so as to change the compensation of the tax commissioner. HB 592. By Representatives Flynt of the 75th and Herbert of the 76th: A bill to amend an Act creating the Griffin-Spalding County School System and the Griffin-Spalding County Board of Education, so as to change the compensa tion of the members of the Griffin-Spalding County Board of Education. MONDAY, FEBRUARY 11, 1991 477 HB 593. By Representatives Flynt of the 75th and Adams of the 79th: A bill to amend an Act providing a homestead exemption from Pike County School District ad valorem taxation for certain residents who are age 62 or over, so as to increase the amount of the exemption; to increase the amount of the maximum gross annual income for eligibility. HB 595. By Representatives Jackson of the 9th, Lawson of the 9th and Orr of the 9th: A bill to provide a method of compensating the members of the Board of Educa tion of Hall County. HB 597. By Representatives Lane of the lllth and Godbee of the 110th: A bill to amend an Act entitled "An Act for the election and creation of a board of county commissioners for the County of Screven, define their duties, and for other purposes.", so as to change the compensation of the chairman and the other members of the board of commissioners of Screven County. HB 599. By Representatives Wilder of the 21st, Clark of the 20th, Post 3, Vaughan of the 20th, Klein of the 21st, Atkins of th 21st and others: A bill to create the Cobb County Private Sector Survey Committee on Cost Con trol in County Government. The House has adopted by the requisite constitutional majority the following resolu tions of the House and Senate: HR 73. By Representatives Coleman of the 118th and Colwell of the 4th: A resolution authorizing the granting of a nonexclusive easement for operation and maintenance of a sanitary sewer line in, on, over, under, upon, across, or through property owned by the State of Georgia in Dodge County, Georgia. HR 74. By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th: A resolution authorizing the conveyance of certain state owned real property lo cated in Floyd County, Georgia. HR 103. By Representatives Pettit of the 19th, McKelvey of the 15th and Childers of the 15th: A resolution authorizing the conveyance of certain state owned real property lo cated in Bartow County, Georgia, to the City of Adairsville. HR 150. By Representatives White of the 132nd, Chambless of the 133rd, Cummings of the 134th and Balkcom of the 140th: A resolution authorizing the conveyance of certain state owned real property lo cated in Dougherty County, Georgia, to Dougherty County and the acceptance of certain real property owned by Dougherty County located in Dougherty County, Georgia, in consideration therefor. HR 160. By Representatives Colwell of the 4th, Dobbs of the 74th, Smith of the 78th, Mueller of the 126th, Hanner of the 131st and others: A resolution authorizing the granting of nonexclusive easements for operation and maintenance of utility, telecommunication, or sanitation facilities in, on, over, under, upon, across, or through property owned by the State of Georgia in Bryan, Calhoun, Dooly, Floyd, Houston, Mitchell, Richmond, Tattnall, Washing ton, and Wilcox counties, Georgia. 478 JOURNAL OF THE SENATE SR 39. By Senator Baldwin of the 29th: A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of an audio transmission cable in, on, over, under, upon, across, or through property owned by the State of Georgia in Troup County, Georgia; to provide an effective date. SR 40. By Senators Thompson of the 33rd and Clay of the 37th: A resolution authorizing the grant of a nonexclusive easement for construction, operation, and maintenance of a water distribution system in, on, over, under, upon, across, or through property owned by the State of Georgia in Cobb County, Georgia; to provide an effective date. SR 41. By Senators Hasty of the 51st and Ramsey of the 54th: A resolution authorizing the grant of a nonexclusive easement for construction, operation, and maintenance of a thoroughfare known as Abutment Road and slope considerations thereto over property owned by the State of Georgia in Whitfield County, Georgia; to provide an effective date. SR 42. By Senator Foster of the 50th: A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of an electrical power transmission line in, on, over, under, upon, across, or through property owned by the State of Georgia in Dawson County, Georgia; to provide an effective date. SR 44. By Senator Timmons of the llth: A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of an underground audio transmission cable in, on, over, under, upon, across, or through property owned by the State of Georgia in Early County, Georgia; to provide an effective date. SR 45. By Senator Timmons of the llth: A resolution authorizing the conveyance of certain state owned real property lo cated in Seminole County, Georgia; to provide an effective date. SR 55. By Senator Harris of the 27th: A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of an audio transmission cable in, on, over, under, upon, across, or through property owned by the State of Georgia in Monroe County, Georgia; to provide an effective date. SR 68. By Senator Starr of the 44th: A resolution authorizing the conveyance of certain state owned real property lo cated in Fulton County, Georgia, and the acceptance of certain real property in Fulton County in consideration therefor; to provide an effective date. The House has adopted, by substitute, by the requisite constitutional majority the fol lowing resolution of the Senate: SR 67. By Senator Starr of the 44th: A resolution authorizing the conveyance of certain state owned real property lo cated in Fulton County, Georgia, to Georgia Power Company and the acceptance of certain real property owned by Georgia Power Company located in Fulton County, Georgia, in consideration therefor; to provide an effective date. MONDAY, FEBRUARY 11, 1991 479 The House has passed by the requisite constitutional majority the following bill of the House: HB 129. By Representatives Dobbs of the 74th, Lane of the lllth, Byrd of the 153rd, Bates of the 141st and Barfoot of the 120th: A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable and procedures in connection therewith, so as to provide for a period of detention for a person charged with driving under the influence of alcohol or drugs. The following bills and resolutions of the Senate were introduced, read the first time and referred to committees: SB 279. By Senator Baldwin of the 29th: A bill to amend Article 2 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insurance and indemnification of officers and employees of municipalities, counties, and other public bodies, so as to change provisions relat ing to local governments providing defenses for their officers and employees; to provide for related matters; to provide an effective date. Referred to Committee on Insurance and Labor. SB 280. By Senator Alien of the 2nd: A bill to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempt from ad valorem taxation, so as to provide for the exemption from ad valorem taxes of certain property owned by veterans organi zations; to define "veterans organizations"; to provide for a state-wide referen dum; to provide an effective date. Referred to Committee on Finance and Public Utilities. SB 281. By Senators Starr of the 44th, Olmstead of the 26th and Collins of the 17th: A bill to amend Code Section 31-7-75 of the Official Code of Georgia Annotated, relating to the functions and powers of hospital authorities, so as to authorize hospital authorities to provide certain service and financial assistance to certain private not for profit organizations for purposes related to the provision of medi cal services or related social services to citizens. Referred to Committee on Health and Human Services. SB 282. By Senators Perry of the 7th, Echols of the 6th and Turner of the 8th: A bill to amend Code Section 38-2-25 of the Official Code of Georgia Annotated, relating to training and duty of the organized militia, so as to authorize the Gov ernor to order members of the organized militia, with their consent, to state ac tive duty for certain purposes and without pay and allowances or other compen sation but with certain privileges, rights, benefits, and immunities. Referred to Committee on Defense and Veterans Affairs. SB 283. By Senators Deal of the 49th and Scott of the 36th: A bill to amend Article 1 of Chapter 11 of Title 15, relating to juvenile proceed ings, so as to revise certain provisions concerning the imposition of restraints on the freedom of accused juveniles prior to adjudication. Referred to Committee on Youth, Aging and Human Ecology. 480 JOURNAL OF THE SENATE SB 284. By Senators Garner of the 30th, English of the 21st and Ray of the 19th: A bill to amend Article 1 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relative to emergency medical services, so as to provide that medical directors of licensed ambulance services, first responders, and neonatal services are authorized to furnish and control the number and type of intravenous fluids required on the vehicles of their particular services. Referred to Committee on Health and Human Services. SB 285. By Senator Johnson of the 47th: A bill to amend Code Section 51-5-7 of the Official Code of Georgia Annotated, relating to privileged communications, so as to provide that truthful reports of information from any arresting officer, law enforcement authority, government spokesperson, or government official performing investigatory duties shall be privileged communications; to provide for related matters; to provide an effective date. Referred to Committee on Judiciary. SB 286. By Senators Foster of the 50th, Timmons of the llth and Johnson of the 47th: A bill to amend Code Section 32-6-195 of the Official Code of Georgia Annotated, relating to the division of costs of grade crossing elimination projects between the Department of Transportation, counties, municipalities, and railroads, so as to provide that railroads shall bear no less than 25 percent of grade crossing elimi nation costs; to provide an effective date. Referred to Committee on Transportation. SB 287. By Senators Deal of the 49th, English of the 21st and Ray of the 19th: A bill to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to provide for immunity for equine professionals engaged in equine activities; to provide for definitions; to provide for exceptions to immunity from liability; to provide for notice of immunity to certain persons; to provide for applicability. Referred to Committee on Agriculture. SB 288. By Senators Tate of the 38th, Moye of the 34th and Shumake of the 39th: 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; to amend Code Section 47-13-70 of the Official Code of Georgia Annotated, relating to eligibility for retirement benefits under the District Attorneys' Retire ment System, so as to eliminate certain restrictions on the activities of certain retired district attorneys; to provide conditions for an effective date and auto matic repeal. Referred to Committee on Retirement. SR 152. By Senators Tysinger of the 41st, Steinberg of the 42nd and Egan of the 40th: A resolution relative to the adoption of a comprehensive national energy strategy. Referred to Committee on Natural Resources. SR 153. By Senators Edge of the 28th, Robinson of the 16th, Deal of the 49th and others: A resolution creating the Senate Water Allocation Study Committee. Referred to Committee on Rules. MONDAY, FEBRUARY 11, 1991 481 SR 159. By Senators Deal of the 49th, Foster of the 50th and Johnson of the 47th: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for a source of revenue other than ad valorem taxes for local school systems by authorizing the county governing authorities to im pose a special 1 percent sales and use tax for capital outlay projects for educa tional purposes; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Finance and Public Utilities. SR 161. By Senators Pollard of the 24th, Walker of the 43rd, Johnson of the 47th and Coleman of the 1st: A resolution creating the Joint Study Committee on Gasoline Marketing. Referred to Committee on Rules. The following bills and resolutions of the House were read the first time and referred to committees: HB 129. By Representatives Dobbs of the 74th, Lane of the lllth, Byrd of the 153rd and others: A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable and procedures in connection therewith, so as to provide for a period of detention for a person charged with driving under the influence of alcohol or drugs. Referred to Committee on Special Judiciary. HB 583. By Representative Smith of the 78th: A bill to amend an Act creating the Board of Commissioners of Butts County, so as to revise and change certain provisions requiring quarterly publication of an itemized statement of receipts and disbursements. Referred to Committee on Urban and County Affairs. HB 585. By Representative Smith of the 78th: A bill to amend an Act abolishing the present method of compensating the clerk of the Superior Court of Butts County known as the fee system and providing in lieu thereof an annual salary, so as to change the compensation for said officer. Referred to Committee on Urban and County Affairs. HB 587. By Representative Smith of the 78th: A bill to amend an Act abolishing the present method of compensating the tax commissioner of Butts County known as the fee system and providing in lieu thereof an annual salary, so as to change the compensation of the tax commissioner. Referred to Committee on Urban and County Affairs. HB 592. By Representatives Flynt of the 75th and Herbert of the 76th: A bill to amend an Act creating the Griffin-Spalding County School System and the Griffin-Spalding County Board of Education, so as to change the compensa tion of the members of the Griffin-Spalding County Board of Education. Referred to Committee on Urban and County Affairs. 482 JOURNAL OF THE SENATE HB 593. By Representatives Flynt of the 75th and Adams of the 79th: A bill to amend an Act providing a homestead exemption from Pike County School District ad valorem taxation for certain residents who are age 62 or over, so as to increase the amount of the exemption; to increase the amount of the maximum gross annual income for eligibility. Referred to Committee on Urban and County Affairs. HB 595. By Representatives Jackson of the 9th, Lawson of the 9th and Orr of the 9th: A bill to provide a method of compensating the members of the Board of Educa tion of Hall County. Referred to Committee on Urban and County Affairs. HB 597. By Representatives Lane of the lllth and Godbee of the 110th: A bill to amend an Act entitled "An Act for the election and creation of a board of county commissioners for the County of Screven, define their duties, and for other purposes.", so as to change the compensation of the chairman and the other members of the board of commissioners of Screven County. Referred to Committee on Urban and County Affairs. HB 599. By Representatives Wilder of the 21st, Clark of the 20/3, Vaughan of the 20th and others: A bill to create the Cobb County Private Sector Survey Committee on Cost Con trol in County Government. Referred to Committee on Urban and County Affairs. HR 73. By Representatives Coleman of the 118th and Colwell of the 4th: A resolution authorizing the granting of a nonexclusive easement for operation and maintenance of a sanitary sewer line in, on, over, under, upon, across, or through property owned by the State of Georgia in Dodge County, Georgia. Referred to Committee on Finance and Public Utilities. HR 74. By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th: A resolution authorizing the conveyance of certain state owned real property lo cated in Floyd County, Georgia. Referred to Committee on Finance and Public Utilities. HR 103. By Representatives Pettit of the 19th, McKelvey of the 15th and Childers of the 15th: A resolution authorizing the conveyance of certain state owned real property lo cated in Bartow County, Georgia, to the City of Adairsville. Referred to Committee on Finance and Public Utilities. HR 150. By Representatives White of the 132nd, Chambless of the 133rd, Cummings of the 134th and Balkcom of the 140th: A resolution authorizing the conveyance of certain state owned real property lo cated in Dougherty County, Georgia, to Dougherty County and the acceptance of certain real property owned by Dougherty County located in Dougherty County, Georgia, in consideration therefor. Referred to Committee on Finance and Public Utilities. MONDAY, FEBRUARY 11, 1991 483 HR 160. By Representatives Colwell of the 4th, Dobbs of the 74th, Smith of the 78th and others: A resolution authorizing the granting of nonexclusive easements for operation and maintenance of utility, telecommunication, or sanitation facilities in, on, over, under, upon, across, or through property owned by the State of Georgia in Bryan, Calhoun, Dooly, Floyd, Houston, Mitchell, Richmond, Tattnall, Washing ton, and Wilcox counties, Georgia. Referred to Committee on Finance and Public Utilities. 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 Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 241. Do pass. HB 462. Do pass by substitute. HB 490. Do pass. HB 524. 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 126. By Senator English of the 21st: A bill to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to change the pro visions relating to eggs; to provide for definitions; to provide for classification of eggs. SB 150. By Senators Scott of the 36th, Kidd of the 25th, Egan of the 40th, Bishop of the 15th, Steinberg of the 42nd and others: A bill to provide for an instantaneous background check of prospective purchas ers of firearms; to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving dangerous instrumentalities and practices, so as to regulate the sale of firearms through dealers; to define certain terms; to prohibit certain individuals from purchasing or transporting firearms. SB 154. By Senator Johnson of the 47th: A bill to amend Code Section 33-24-3 of the Official Code of Georgia Annotated, relating to the requirements for finding an insurable interest for purposes of ob taining personal insurance, so as to clarify the intent of the law that any corpora tions, foreign or domestic, shall have an insurable interest in the life or physical or mental ability of any of its directors, officers, or employees or the directors, officers, or employees of any of its subsidiaries. SB 157. By Senators Pollard of the 24th, Taylor of the 12th and Clay of the 37th: A bill to amend Code Section 40-5-57 of the Official Code of Georgia Annotated, relating to suspension or revocation of the driver's license of habitually negligent or dangerous drivers, so as to provide for the assessment of additional points on a second or subsequent conviction of speeding. 484 JOURNAL OF THE SENATE SB 210. By Senator Edge of the 28th: 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 cri teria for determining the best interest of the child or children. SB 235. By Senator Olmstead of the 26th: 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 provide for the actions by the department with respect to certain violations by any agency, facility, insti tution, or entity subject to regulation by the department under Chapters 7, 13, 22, and 23 of Title 31 of Chapter 5 of Title 49; to provide for exceptions. SR 113. By Senators Foster of the 50th, English of the 21st, Deal of the 49th and Ragan of the 10th: A resolution urging additional credit guarantees to the Soviet Union be desig nated for poultry. HB 84. By Representatives Coleman of the 118th, Smyre of the 92nd and Parrish of the 109th: A bill to provide for the Department of Labor a supplemental appropriation, pursuant to and in accordance with provisions of Code Section 34-8-81 of the Official Code of Georgia Annotated, relating to the creation and purposes of the Employment Security Administration Fund, and Code Section 34-8-102 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Un employment Trust Fund, of additional funds which are otherwise available to the Department of Labor out of funds credited to and held in this state's account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States pursuant to Section 903 of the Social Security Act, as amended. HB 117. By Representatives Walker of the 115th, Groover of the 99th and Bostick of the 138th: A bill to amend Code Section 34-9-100 of the Official Code of Georgia Annotated, relating to procedure for filing claims with the State Board of Workers' Compen sation, so as to provide that any claim or notice required to be filed with such board shall be deemed to be filed upon actual receipt by the board or upon the date such claim or notice was mailed by certified or registered mail. HB 145. By Representatives Ware of the 77th, Dunn of the 73rd, Groover of the 99th and others: A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of rates, underwriting rules, and related organizations, and Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to relocate and redesignate certain provisions granting premium discounts to defensive drivers or drivers who are honor students. HB 167. By Representatives Thomas of the 69th, Pettit of the 19th and Groover of the 99th: A bill to amend the O.G.C.A ., so as to correct typographical, stylistic, capitaliza tion, punctuation, and other errors and omissions in the O.C.G.A. and in Acts of the General Assembly amending the O.G.C.A.. MONDAY, FEBRUARY 11, 1991 485 HB 174. By Representative Reaves of the 147th: A bill to amend Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to prevention and control of disease in livestock, so as to provide for injunctions in connection with bovine diseases and swine mycobacteriosis and the practices and procedures connected therewith. HB 177. By Representative Reaves of the 147th: A bill to amend Code Section 10-2-5 of the Official Code of Georgia Annotated, relating to the powers and duties of the Commissioner of Agriculture relating to weights and measures, so as to delete certain provisions relating to packaged commodities. HB 215. By Representatives Thomas of the 69th, Chambless of the 133rd and Groover of the 99th: A bill to amend Chapter 5 of Title 15 of the Official Code of Georgia Annotated, relating to the administration of courts of record, so as to permanently create the Georgia Courts Automation Commission. HB 256. By Representative Reaves of the 147th: A bill to amend Article 2 of Chapter 2 of Title 10 of the Official Code of Georgia Annotated, relating to certified public weighers, so as to repeal the provisions of Code Section 10-2-44, relating to surety bonds of certified public weighers; to amend Code Section 10-2-50, relating to weighing leaf tobacco and livestock, so as to correct a reference. HB 274. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and others: A bill to amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to general matters relating to the Environmental Protection Division of the Department of Natural Resources, so as to provide for the appointment and removal of the director of such division; to create an Environmental Advisory Council. HB 284. By Representatives Murphy of the 18th, Coleman of the 118th, Walker of the 115th and others: A bill to amend an Act providing appropriations for the State Fiscal Year 19901991 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1990-1991. HB 291. By Representatives Dover of the llth, Jamieson of the llth, Twiggs of the 4th and Irwin of the 57th: A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to change the conditions under which volunteers of fire departments, law enforcement agencies, emergency manage ment or civil defense organizations, emergency medical services, or rescue organi zations and persons certified as medical first responders may be covered employees. HR 110. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st: A resolution urging the United States Department of the Interior, through the National Park Service rivers and trails conservation assistance program, to assist in the completion of a comprehensive assessment of Georgia's rivers. 486 JOURNAL OF THE SENATE The following communication from Honorable Max Cleland, Secretary of State, was received and read by the Secretary: Secretary of State Elections Division 110 State Capitol Atlanta, Georgia 30334 February 8, 1991 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 1991 Regular Session as of 2:30 p.m. on February 8, 1991. The list is numbered 918 through 972. Most sincerely, /s/ Max Cleland Secretary of State Attachments: Received by /si 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 918 through 972, who have registered in the Docket of Legislative Appearance as of February 8, 1991, 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 8th day of February, in the year of our Lord One Thousand Nine Hundred and Ninety-One and of the Independence of the United States of America the Two Hundred and Fifteenth. /s/ Max Cleland Secretary of State (Seal) 918. Perry Price 180 Roswell Street Suite B Marietta, Georgia 30062 (404)427-7567 Law Offices of D. Pam Monroe 919. Raymond C. Dever 1125 Carlo Woods Dr. Atlanta, Georgia 30331 (404)699-0534 Independent Education Association 920. Shawn P. Frederick 4 Executive Park East NE Atlanta, Georgia 30329 (404)329-5452 Texaco, Inc. 921. Vaughn Lewis P.O. Box 4833 Atlanta, Georgia 30302 (404)457-6663 Phillips 66 Company MONDAY, FEBRUARY 11, 1991 487 922. Dave Butler P.O. Box 4833 Atlanta, Georgia 30341 (404)457-6663 Phillips 66 Company 923. Jane V. Cunningham 483 Moreland Avenue NE #1 Atlanta, Georgia 30307 (404)523-7611 Mental Health Planning Advisory Board Alternative/Atlanta:A Mental Health Union Inc. National Mental Health Consumers Association Mental Health Association of Georgia 924. Melissa L. Palmer 3232 H Post Woods Drive Atlanta, Georgia 30339 (404)952-9557 Georgia Occupational Therapy Association 925. Donna 0. Kemp 5642 Sherborne Drive Columbus, Georgia 31909 (404)561-3673 Muscogee Association of Educators Georgia Association of Educators 926. Linda M. Pinson 1549 Virginia Avenue College Park, Georgia 30337 (404)768-0384 Georgia Residential Finance Authority 927. Chip R.B. Spradley 3093 Dove Way Decatur, Georgia 30033 (404)296-9526 Georgians Against Smoking Pollution-GASP 928. Aaron E. Romine 2925 Governors Court NE Marietta, Georgia 30066 (404)426-0419 Minority Professional Alliance Council 929. Mary Louise Stark 1134 Scenic Highway Lawrenceville, Georgia 30246 (404)963-4920 Georgia Citizens For The Arts 930. Wm. T. Rogers, Sr. 1000 Innerloop Road Atlanta, Georgia 30321 (404)530-3974 I.A.M. and AW 931. John L. Taylor, Jr. 3399 Peachtree Road Suite 1700, Lenox Bldg. Atlanta, Georgia 30326 (404)841-3200 World Wrestling Federation 932. Kenneth D. Tapp 2970 Barry Avenue Smyrna, Georgia 30082 (404)436-7411 Independent Manufacturers Rep. Assoc. 933. Susan Twilley Johnstone P.O. Box Cobb Marietta, Georgia 30067 (404)980-2000 Cobb Chamber of Commerce 934. James L. Williford 500 Cordele Avenue Albany, Georgia 31705 (912)432-0799 Machinist & Labor Council ACL-CIO 935. Alan R. Williams 500 Cordele Road Albany, Georgia 31705 (912)432-0799 Association of Machinist & Aerospace Workers Ga. Denturist Association 936. Rickey Garrett 1351 Beaver Oak Drive Macon, Georgia 31210 (912)477-0893 International Association of Machinist 937. Tim A. Connell 60 Executive Park South Suite 250 Atlanta, Georgia 30329 (404)679-4840 Georgia Residential Finance Authority 938. Moody E. Crews 999 Gate Post Lane Lawrenceville, Georgia 30244 (404)985-4026 The Georgia Republican Alliance 488 JOURNAL OF THE SENATE 939. J. P. Dalton 2960 Brandywine Road Atlanta, Georgia 30302 (404)451-1332 Phillips 66 Company 940. Gene Roberts 3107 Sylvan Road East Point, Georgia 30354 (404)765-8629 South Eastern Glass Protective League Glass Plastic and Molers Union Local 101 941. John Travis 423 Wagonwheel Trail Fairburn, Georgia 30213 (404)996-6840 International Association of Machinist 942. Jim Eaton Stewart Avenue Atlanta, Georgia 30303 (404)758-2689 Sheet Metal Workers Local 85 943. Phillip A. Williams 374 Maynard Terrace SE Suite 232 Atlanta, Georgia 30316 (404)373-9866 Asbestos Workers Local #48 AFL-CIO 944. Larry W. Cochran 1954 Airport Road Chamblee, Georgia 30341 (404)452-8060 Marathon Oil/Speedway 945. Jay Morgan 271 Hillside Drive NW Atlanta, Georgia 30342 (404)256-0518 Georgia Oilmen's Association 946. James D. King, Jr. 2274 Leafmore Drive Decatur, Georgia 30033 (404)634-1488 Life Insurance Company of Georgia 947. Patricia E. Wright 34 Peachtree Street NW Atlanta, Georgia 30303 (404)588-0708 Georgia Alliance for Children 948. J. David Nickles 4360 N. E. Expressway Doraville, Georgia 30340 (404)448-6666 Pfizer, Inc. 949. Janet Kuenzi 104 Jasmine Path Peachtree City, Georgia 30269 (404)487-6318 Georgia Friends of Midwives 950. Robert P. Williams, II 1400 Candler Bldg. 127 Peachtree Street Altanta, Georgia 30303-1810 (404)658-8267 Troutman, Sanders, Lockerman & Ashmore 951. Robert A. Henderson 1300 Executive Center Drive Kogerama, Suite 3 Tallahassee, Florida 32301 (904)878-8507 United Services Automobile Association 952. John G. Lewis 5260 Western Avenue Washington, DC 20076 (301)986-2653 Government Employees Insurance Company 953. Bret Moore 30 Perimeter Center East #100 Atlanta, Georgia 30348 (404)393-6423 Exxon Company, USA 954. Sharie A. Brown 3225 Gallows Rd Fairfax, Virginia 22037 (703)846-5849 Mobil Oil 955. Jill Wolfe Herbst 813 Wyntuck Drive Kennesaw, Georgia 30144 (404)424-1953 Georgia Friends of Midwive's 956. James S. Turpin, Jr. 1730 Rhode Island Avenue Suite 1000 Washington, DC 20036 (202)659-4613 National Solid Waste Management Association MONDAY, FEBRUARY 11, 1991 489 957. W. D. Atwell 30 Perimeter Center East Suite 100 Altanta, Georgia 30346 (404)393-6410 Exxon Company, USA Petroleum Council of Georgia 958. Leonard G. Sims, Jr. 5400 Covington Highway Decatur, Georgia 30038 (404)987-5737 Exxon Company, USA 959. Tamara K. Dining 429 Moreland Avenue Atlanta, Georgia 30303 (404)521-3731 Georgia Environmental Project 960. Dr. Carlton Deese 200 Valley Hill Road Riverdale, Georgia 30274 (404)478-2660 Chiropractic Political Action Committee, Chairman Georgia Chiropractic Association (G.C.A.) 961. Kathy Davis 764 Grant Ter., S.E. Altanta, Georgia 30315 (404)622-1289 Atlanta Housing Neighborhood-Based Non-Profit Developers 962. J. D. Dennis Post Office Box Cobb Marietta, Georgia 30067 (404)980-2008 Cobb Chamber of Commerce Civil Air Patrol, Georgia Wing 963. Peter C. Canfield One Ravinia Drive Suite 1300 Atlanta, Georgia 30346 (404)395-8800 Dow, Lohnes & Albertson 964. Rick Davison 151 Ellis Street Suite 422 Atlanta, Georgia 30303 (404)659-3430 Georgia Electric Membership Corporation 965. Read Davis P.O. Box 4098 Norcross, Georgia 30091 (404)368-7654 Risk Insurance Management Society 966. Toni Tirado 1493 McLendon Atlanta, Georgia 30307 (404)373-2782 Atlanta Pro-Choice Action Committee 967. Joe H. McKenzie, Jr. Post Office Box 37 Gordon, Georgia 31031 (912)628-7206 Engelhard Corporation 968. David F. Dunning 100 Landmark Building Dalton, Georgia 30722 (404)476-5871 Southeastern Plastics Industries Recycling Alliance 969. Warren A. Ragsdale 387-125 Perimeter Center West Atlanta, Georgia 30346 (404)391-2482 Southern Bell 970. Philip J. Mitchell 3562 Buford Highway Atlanta, Georgia 30329 (404)447-7944 Interactive Health Care Services 971. Dee Gray 6107 Cowan Mill Road Douglasville, Georgia 30135 (404)920-0089 Citizens for Freedom of Choice 972. Betty Lee 139 Mallard Creek Lane Fayetteville, Georgia 30214 (404)969-8995 Georgia Dentist Association Citizens for Freedom of Choice 490 JOURNAL OF THE SENATE The President called for the morning roll call, and the following Senators answered to their names: Albert Alien Baldwin Bishop Bowen Burton Gillis Hammill Harris Hasty Henson Hill Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson XCo,eyman CTDD-,oaeawlhliknisns Dean Echols Edge Egan English Poster Garner HHougogkisng TLvKaifdnjdgf,ord Marable Moye Newbill Olmstead Perdue Perry Phillips SSchoutmt ake ^TcSitaayrl.ror Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not answering were Senators: Broun Johnson Steinberg Tate The following resolution of the Senate was read and adopted: SR 158. By Senators Tate of the 38th, Steinberg of the 42nd and Walker of the 43rd: A resolution commending Lieutenant Governor Pierre Howard for his lifetime achievements. Senator Tate of the 38th introduced the Decatur High School Ensemble who performed a musical selection honoring Lieutenant Governor Howard. Senator Hammill of the 3rd introduced the chaplain of the day, Dr. Logan Smith, pas tor of the First Baptist Church, Darien, Georgia, who offered scripture reading and prayer. The following resolutions of the Senate were read and adopted: SR 157. By Senators Tate of the 38th, Scott of the 36th and Langford of the 35th: A resolution commending Mr. Herb Gilmore and wishing him a happy birthday. SR 160. By Senators Ragan of the 32nd, Newbill of the 56th, Clay of the 37th and Thompson of the 33rd: A resolution commending and recognizing Ms. Julia Roberts of Smyrna, Georgia. SR 162. By Senator Marable of the 52nd: A resolution commending and recognizing the Pepperell High School Dragons football team. Senator Olmstead of the 26th introduced Major General Richard F. Gillis, Commander of Warner Robins Air Logistics Center, who, having been commended by SR 147 previously, briefly addressed the Senate. Senator Steinberg of the 42nd introduced the doctor of the day, Dr. John Gamwell, of Atlanta, Georgia. MONDAY, FEBRUARY 11, 1991 491 Senator Kidd of the 25th introduced a group from Baldwin County Tourism and Trade Committee. Senator Turner of the 8th introduced a group from the City of Hahira, which was con gratulated on the occasion of its centennial celebration by SR 148, adopted previously, and Mayor Jesse Parrott briefly addressed the Senate. Senator Coleman of the 1st introduced the Georgia Tech football team, head coach Bobby Ross and athletic director Dr. Homer Rice, who were commended by SR 97, adopted previously. The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage: SENATE LOCAL CONSENT CALENDAR February 11, 1991 EIGHTEENTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) SB 241 Timmons, llth Provides for vehicle registration and licensing during designated registration periods in Miller County. *HB 462 Pollard, 24th Provides for appointment of a deputy coroner by the coroner; provides for the salary of the deputy coroner of McDuffie County. (SUBSTITUTE) HB 490 Hasty, 51st Ramsey, 54th Provides for shortening the terms of office and for the election of members of the Board of Education of Whitfield County. HB 524 Dean, 31st Changes provisions relating to the tenure of office and removal from office of the City Manager of the City of Tallapoosa in Haralson County. The substitute to the following bill was put upon its adoption: *HB 462: The Senate Committee on Urban and County Affairs offered the following substitute to HB 462: A BILL To be entitled an Act to amend an Act placing the county officers of McDuffie County on an annual salary, approved March 9, 1959 (Ga. L. 1959, p. 2568), as amended, particu larly by an Act approved March 21, 1989 (Ga. L. 1989, p. 3899), so as to provide for appoint ment of a deputy coroner by the coroner; to provide for the salary of the deputy coroner; to provide for powers and duties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act placing the county officers of McDuffie County on an annual salary, approved March 9, 1959 (Ga. L. 1959, p. 2568), as amended, particularly by an Act approved 492 JOURNAL OF THE SENATE March 21, 1989 (Ga. L. 1989, p. 3899), is amended by adding a new Section 5B to read as follows: "Section 5B. The coroner of McDuffie County shall appoint a deputy coroner who shall serve at the pleasure of the coroner and may be replaced by the coroner at any time. The deputy coroner shall possess the qualifications for office and have the powers and duties specified in Code Section 45-16-7 of the O.C.G.A. The deputy coroner of McDuffie County shall receive an annual salary of $1,200.00 per year, payable in equal monthly installments from county funds." Section 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 54, 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 Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Not voting were Senators Johnson and Tate. On the passage of all the local bills, the yeas were 54, nays 0. All the bills on the Senate Local Consent Calendar, except HB 462, having received the requisite constitutional majority, were passed. HB 462, having received the requisite constitutional majority, was passed by substitute. MONDAY, FEBRUARY 11, 1991 493 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 149. By Representative Barnett of the 59th: A bill to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, so as to prohibit operation of a radio, stereo, or other sound-making device from a motor vehicle at a level that is audi ble at a distance of 100 feet or more. HB 508. By Representatives Chambless of the 133rd, Childers of the 15th, Valenti of the 52nd, Carrell of the 65th and others: A bill to amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning, so as to change definitions and exemptions. SENATE CALENDAR Monday, February 11, 1991 EIGHTEENTH LEGISLATIVE DAY SR 95 Arctic National Wildlife Refuge--leases for development of oil resources (Substi tute) (Nat R--41st) (Pursuant to Senate Rule 143, final passage of the bill was suspended on Febru ary 8, 1991.) SB 192 Health Policy Council--abolish and create Health Strategies Council (Amend ments) (H&HS--26th) SB 196 Combined Sewer Overflow Operator--submit plan to treat sewage (Substitutes) (Nat R--28th) SB 52 Open Container of Alcohol in Vehicle--unlawful as driver or passenger (Substi tute) (Judy--37th) SB 95 Capital Finance Authority--designate State Office of Housing (Substitute) (F&PU--45th) SB 155 School Enrollment--change maximum age (Amendment) (Ed--36th) SB 158 Bus Shelters--authorize on rights of way (Trans--1st) SB 160 Auctioneers Commission--continuing education (Gov Op--21st) SB 161 Auctioneers Education, Research, Recovery Fund--create (Substitute) (Gov Op--21st) SB 168 Registered Interior Designers--registration, regulation (Substitute) (Gov Op--25th) SB 190 Health Insurance for Teachers--health care providers (Substitute) (Gov Op--25th) SB 195 TVA Payments in Lieu of Taxes--apportionment (F&PU--54th) SB 202 Gas Pipeline Acquisition--Public Service Commission consider if price reasona ble (F&PU--29th) SB 220 Former Members of General Assembly--personal identification cards (Gov Op--32nd) SB 222 Hearing Aid Dispensers--change provisions on license (Gov Op--25th) 494 JOURNAL OF THE SENATE SR 122 Raymond G. Davis Medal of Honor Highway--designate (Trans--17th) HB 33 Retirement Bills--certification by state auditor (Ret--44th) HB 34 Public Retirement Taxation--provision on amendment to increase benefits to offset (Ret--44th) HB 35 Public Retirement Taxation--apply to present and future retirees (Ret--44th) HB 40 Employees' Retirement--employer contribution those in military (Ret--44th) HB 43 Employees' Retirement--change provisions on employer contribution amount (Ret--44th) HB 78 Teachers Retirement--provisions for participation in Regents plan (Ret--24th) HB 201 Elections--write-in candidate designate specific office sought (Gov Op--25th) HB 202 Superior Court Chief Deputy Clerk--time period to serve as clerk (Gov Op--25th) HB 204 Municipal Elections--time period for filing notice of candidacy (Gov Op--25th) HB 209 Tax Receiver, Collector, Commissioner--special election to fill vacancy (Gov Op--25th) HB 263 Income Tax--employer credit for providing certain education (F&PU--45th) HR 156 Jimmy Lee Campbell Memorial Highway--designate (Trans--31st) SB 100 World Congress Center Authority Board of Governors--add two members (Sub stitute) (ED&T--45th) SB 143 Consent to Medical Treatment--persons authorized (Substitute) (Amendments) (H&HS--54th) SB 178 Certain Child Testimony--provisions on closed circuit television (YA&HE--33rd) SB 183 State Purchasing--provisions on sealed bids, advertisement (Gov Op--30th) HB 231 Housing Authorities--employ housing authority police (Substitute) (U&CA G--39th) The following general resolution of the Senate, having been read the third time on Feb ruary 4 and postponed until February 8, and final action suspended on February 8 until today, pursuant to Senate Rule 143, was continued upon its adoption: SR 95. By Senator Tysinger of the 41st: A resolution relative to granting leases on the coastal plain of the Arctic National Wildlife Refuge for exploration and development of oil and gas resources. The substitute to SR 95 offered by Senator Tysinger of the 41st on February 8, as it appears in the Journal of February 8, 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 adoption of the resolution, was agreed to by substitute. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Alien Baldwin Bishop Bowen Broun Burton MONDAY, FEBRUARY 11, 1991 495 Clay Coleman Collins Dawkins Deal Dean EEcdhgoels Egan English Foster Gillis Hammill Harris Hasty Hill Hooks Huggins Kidd MMoayraeble Perdue Perry Phillips Ragan of 32nd Ramsey Ray Robinson Scott Starr -pate T, T*h*oympson Timmons Turner Tysinger Walker of 43rd White Those voting in the negative were Senators: Albert Henson Newbill Pollard Steinberg Those not voting were Senators: Garner Johnson Langford Olmstead Ragan of 10th Shumake Walker of 22nd On the adoption of the resolution, the yeas were 44, nays 5. The resolution, having received the requisite constitutional majority, was adopted by substitute. The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage: SB 192. By Senators Olmstead of the 26th, Taylor of the 12th and Harris of the 27th: A bill to amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning, so as to abolish the Health Policy Council and create in its place the Health Strategies Council and provide for the composition and functions thereof; to provide for appointment and confirmation of members; to provide for member's terms, qualifications, removal, vacancies, and compensa tion; to provide for organization of the council; to provide for effective date. Senator Olmstead of the 26th offered the following amendment: Amend SB 192 by striking on page 5, line 24, the following: "filed", and inserting in lieu thereof: "filled". On the adoption of the amendment, the yeas were 41, nays 0, and the amendment was adopted. Senators Dean of the 31st and Deal of the 49th offered the following amendments: Amend SB 192 by inserting on page 3 between lines 24 and 25 the following: "(k) one member who is a primary care dentist", 496 JOURNAL OF THE SENATE and by striking on page 2, line 28 the number: "25", and inserting in lieu thereof the number: "26", and by striking on page 3, line 1 the word: "Ten", and by inserting in lieu thereof the word: "Eleven". Senator Dean of the 31st asked unanimous consent that the amendment offered by Senators Dean of the 31st and Deal of the 49th be withdrawn. The consent was granted, and the amendment offered by Senators Dean of the 31st and Deal of the 49th was withdrawn. Senators Dean of the 31st, Deal of the 49th and Olmstead of the 26th offered the fol lowing amendment: Amend SB 192 by inserting on page 3 between lines 22 and 24 the following: "(J) One member who is a primary care dentist" in lieu of "one member who is a health care provider other than one otherwise represented under this paragraph;". On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted. Senators Taylor of the 12th, Olmstead of the 26th and Harris of the 27th offered the following amendment: Amend SB 192 by striking "as follows" and inserting in its place "; and" on line 28 of page 3. By striking lines 29 through 34 of page 3 and lines 1 through 19 of page 4. By striking lines 28 through 31 of page 4 and inserting in their places the following: "consumer member. With the addition of By striking "and the Governor's Commission on Obstetrics" from lines 21 and 22 of page 6. Senator Taylor of the 12th asked unanimous consent that the amendment offered by Senators Taylor of the 12th, Olmstead of the 26th and Harris of the 27th be withdrawn. The consent was granted, and the amendment offered by Senators Taylor of the 12th, Olmstead of the 26th and Harris of the 27th was withdrawn. Senators Taylor of the 12th, Olmstead of the 26th and Harris of the 27th offered the following amendment: MONDAY, FEBRUARY 11, 1991 497 Amend SB 192 by striking the words "any of the following" from lines 11 and 12 of page 4; and by striking lines 14 thru 19 on page 4 in thier entirety; and by striking "and the Governor's Commission on Obstetrics" from lines 21 and 22 of page 6. Senator Newbill of the 56th offered the following amendment: Amend the amendment to SB 192 offered by Senators Taylor of the 12th, Olmstead of the 26th and Harris of the 27th by striking on line 5 of the amendment the word "thier" and adding "their" in its place. On the adoption of the amendment, the yeas were 40, nays 0, and the amendment of fered by Senator Newbill of the 56th was adopted. On the adoption of the amendment offered by Senators Taylor of the 12th, Olmstead of the 26th and Harris of the 27th, the yeas were 38, 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 Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Not voting were Senators Johnson and Tate. On the passage of the bill, the yeas were 54, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. Senator Olmstead of the 26th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing SB 192. SB 196. By Senators Edge of the 28th, Robinson of the 16th, Dean of the 31st and others: 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 certain persons owning or operating a combined sewer overflow to sub mit to the director of the Environmental Protection Division of the Department 498 JOURNAL OF THE SENATE of Natural Resources a plan to eliminate or treat sewage overflow; to provide for certain contents of such plan. The Senate Committee on Natural Resources offered the following substitute to SB 196: 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 certain persons 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 for certain contents of such plan; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the control of water pollution and surface-water use, is amended by striking in its entirety Code Section 12-5-29.1, relating to plans for the elimination or treatment of sewage overflow from combined sewer overflow systems, and inserting in lieu thereof 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 bypasses the normal treatment works integral to such sewage system and al lows untreated or incompletely treated sewage, industrial waste, or other waste to flow, di rectly 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 or control sewage overflow so that discharges flowing from such CSO shall not cause a violation of water quality standards in the receiving stream or permit limits for publicly owned waste-water treatment facilities with combined sewer overflows established by the division or by the federal Environmental Protection Agency under the provisions of the Federal Water Pollution Control Act amendments of 1972, 33 U.S.C. Section 1251 and fol lowing, as amended by the Clean Water Act of 1977 (P.L. 95-217). Compliance with such standards and permit limits shall be required for all CSO discharges under design condi tions, including without limitation storm event frequency, intensity, and duration and treat ment technology, as determined by the director based on a site-specific determination of water quality impacts resulting from said discharges. (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 quality standards in accordance with the following schedules: (1) Any person who submitted a plan pursuant to subsection (b) of this Code section prior to August 1, 1990, shall adhere to the schedule contained in such plan and shall imple ment means contained in such plan to eliminate sewage overflow or effectuate treatment of overflow to meet or exceed such water quality standards not later than December 31, 1993; and MONDAY, FEBRUARY 11, 1991 499 (2) Any person who did not submit a plan pursuant to subsection (b) of this Code section prior to August 1, 1990, shall comply with the following schedule: (A) The director shall define the design conditions of subsection (b) of this Code section by December 31, 1991, using information provided by CSO owners and information col lected by the director; (B) The CSO owners shall prepare approvable plans and specifications by October 1, 1992, and, based on the director's approval of plans and specifications by December 31, 1992, the owners shall commence construction of the approved CSO facilities by April 1, 1993; and (C) The construction shall be substantially complete and operational to meet the water quality standards and treatment limits as defined by the director by December 31, 1995. Any person who fails to implement an approved plan by the dates provided in this subsec tion shall, after the applicable 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 connections to such combined sewer system." Section 2. Said article is further amended by striking in its entirety subsection (b) of Code Section 12-5-30.2, relating to permits for the operation of combined sewer overflows, and inserting in lieu thereof a new subsection (b) to read as follows: "(b) After March 31, 1992, no person shall operate a CSO in this state unless he has obtained a permit to do so from the director. The director, under the conditions he prescribes, shall require the submission of such plans, specifications, and other information as he deems relevant in connection with the issuance of such permits. Compliance with permit limits shall be required for all CSO discharges under design conditions as deter mined by the director." Section 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 2, nays 39, and the substitute offered by the Senate Committee on Natural Resources was lost. Senator Edge of the 28th offered the following substitute to SB 196: 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 certain persons 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 for certain contents of such plan; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the control of water pollution and surface-water use, is amended by striking in its entirety Code Section 12-5-29.1, relating to plans for the elimination or treatment of sewage overflow from combined sewer overflow systems, and inserting in lieu thereof 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 bypasses the normal treatment works integral to such sewage system and al- 500 JOURNAL OF THE SENATE lows untreated or incompletely treated sewage, industrial waste, or other waste to flow, di rectly 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 or control sewage overflow so that discharges flowing from such CSO shall not cause a violation of water quality standards in the receiving stream or permit limits for publicly owned waste-water treatment facilities with combined sewer overflows established by the division or by the federal Environmental Protection Agency under the provisions of the Federal Water Pollution Control Act amendments of 1972, 33 U.S.C. Section 1251 and fol lowing, as amended by the Clean Water Act of 1977 (P.L. 95-217). Compliance with such standards and permit limits shall be required for all CSO discharges under design condi tions, including without limitation storm event frequency, intensity, and duration and treat ment technology, as determined by the director based on a site-specific determination of water quality impacts resulting from said discharges. (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 quality standards in accordance with the following schedules: (1) Any person who submitted a plan pursuant to subsection (b) of this Code section prior to August 1, 1990, shall implement such plan so that construction is substantially com plete and operational to meet the water quality standards in the receiving stream or permit limits as defined by the director not later than December 31, 1993; and (2) Any person who did not submit a plan pursuant to subsection (b) of this Code section prior to August 1, 1990, shall comply with the following schedule: (A) The director shall define the design conditions of subsection (b) of this Code section by December 31, 1991, using information provided by CSO owners and information col lected by the director; (B) The CSO owners shall prepare approvable plans and specifications by October 1, 1992, and, based on the director's approval of plans and specifications by December 31, 1992, the owners shall commence construction of the approved CSO facilities by April 1, 1993; and (C) The construction shall be substantially complete and operational to meet the water quality standards in the receiving stream or permit limits as defined by the director by December 31, 1995. Any person who fails to implement an approved plan by the dates provided in this subsec tion shall, after the applicable 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 connections to such combined sewer system." Section 2. Said article is further amended by striking in its entirety subsection (b) of Code Section 12-5-30.2, relating to permits for the operation of combined sewer overflows, and inserting in lieu thereof a new subsection (b) to read as follows: "(b) After March 31, 1992, no person shall operate a CSO in this state unless he has obtained a permit to do so from the director. The director, under the conditions he prescribes, shall require the submission of such plans, specifications, and other information as he deems relevant in connection with the issuance of such permits. Compliance with permit limits shall be required for all CSO discharges under design conditions as deter mined by the director." MONDAY, FEBRUARY 11, 1991 501 Section 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute offered by Senator Edge of the 28th, the yeas were 40, nays 0, and the substitute was adopted. The President announced that, pursuant to Senate Rule 143, consideration of SB 196 would be suspended until the next meeting day of the Senate, Tuesday, February 12. SB 52. By Senators Clay of the 37th, Newbill of the 56th, Thompson of the 33rd and others: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide that it shall be unlawful for any per son to possess an open container of an alcoholic beverage while operating a motor vehicle or while a passenger in a motor vehicle; to provide for a definition; to provide for exceptions; to provide for a penalty. The Senate Committee on Judiciary offered the following substitute to SB 52: A BILL To be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide that it shall be unlawful for any person to possess an open container of an alcoholic beverage while operating a motor vehi cle; to provide for a definition; to provide for exceptions; to provide for a penalty; to provide that any person found guilty of possession of such open container shall be assessed four points against his license; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking in its entirety subparagraph (c) (1) (A) of Code Section 40-5-57, relating to points assessed for certain offenses, and inserting in lieu thereof a new subparagraph (A) to read as follows: "(A) The points to be assessed for each offense shall be as provided in the following schedule: Reckless driving ................................. 4 points Unlawful passing of a school bus ....... 6 points Improper passing on a hill or a curve .......... 4 points Exceeding the speed limit by more than 14 miles per hour but less than 19 miles per hour ............................. 2 points Exceeding the speed limit by 19 miles per hour or more but less than 24 miles per hour .................................. 3 points Exceeding the speed limit by 24 miles per hour or more but less than 34 miles per hour .......................... 4 points Exceeding the speed limit by 34 miles per hour or more .................... 6 points Disobedience of any traffic-control device or traffic officer 3 points Too fast for conditions ................................................... 0 points Possessing an open container of an alcoholic beverage while driving 4 points All other moving traffic violations which are not speed limit violations ....... 3 points" Section 2. Said title is further amended by inserting at the end of Article 11 of Chapter 502 JOURNAL OF THE SENATE 6, relating to miscellaneous rules of the uniform rules of the road, a new Code Section 40-6253 to read as follows: "40-6-253. (a) As used in this Code section, 'open container' means any container which is immediately capable of being consumed from or the seal of which has been broken. (b) No person shall possess an open container of any alcoholic beverage while operating a vehicle in this state. For the purposes of this Code section, an open container shall be considered to be in the possession of the operator of a vehicle if the container is not in the possession of a passenger and is not located in a locked glove compartment, locked trunk, or other locked nonpassenger area of the vehicle. (c) Any person who violates this Code section is guilty of a misdemeanor. (d) A county or municipal corporation may adopt an ordinance which imposes more stringent restrictions on the possession of alcoholic beverages in vehicles than those imposed by this Code section." Section 3. All laws and parts of laws in conflict with this Act are repealed. Senator Hammill of the 3rd offered the following amendment: Amend the substitute to SB 52 offered by the Senate Committee on Judiciary by changing on page 2, line 7, "4 points" to read "2 points". Senator Hammill of the 3rd offered the following amendment: Amend SB 52 by changing on page 2, line 10, "4 points" to "2 points". Senator Shumake of the 39th moved that SB 52 be committed to the Senate Committee on Judiciary. Senator Tysinger of the 41st moved the previous question. Senator Shumake of the 39th moved that SB 52 be placed on the Table. On the motion offered by Senator Shumake of the 39th to table SB 52, which motion takes precedence, Senator Egan of the 40th called for the yeas and nays; the call was sus tained, and the vote was as follows: Those voting in the affirmative were Senators: Albert Bowen Dawkins Echols Garner Harris Hill Kidd Olmstead Perry Ragan of 10th Shumake Starr Tate Timmons Turner Walker of 22nd Walker of 43rd Those voting in the negative were Senators: Alien Baldwin Bishop Broun Burton Clay Coleman Collins Deal Dean Edge Egan English Foster Gillis Hammill Hasty Henson Huggins Langford Marable Moye Newbill Perdue Phillips Pollard Ragan of 32nd MONDAY, FEBRUARY 11, 1991 503 Ramsey Ray Robinson Scott Steinberg Taylor Thompson Tysinger White Not voting were Senators Hooks and Johnson. On the motion to table offered by Senator Shumake of the 39th, the yeas were 18, nays 36; the motion was lost, and SB 52 was not placed on the Table. On the motion offered by Senator Tysinger of the 41st for the previous question, which motion takes precedence, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Alien Baldwin Bishop Broun Burton Clay Coleman Collins Dawkins Edge Egan English Foster Hammill Harris Hasty Henson Hill Langford Marable Moye Newbill Perdue Phillips Pollard Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Taylor Thompson Tysinger White Those voting in the negative were Senators: Albert Bowen Deal Dean Echols Garner Huggins Kidd Olmstead Ferry Ragan of 10th Shumake Tate Timmons Turner Walker of 22nd Walker of 43rd Those not voting were Senators: Gillis Hooks Johnson On the motion for the previous question offered by Senator Tysinger of the 41st, the yeas were 36, nays 17; the motion prevailed, and the previous question was ordered. On the amendment offered by Senator Hammill of the 3rd to SB 52, Senator Newbill of the 56th called for the yeas and nays; the call was sustained, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien BjshoP Bowen Dawkins Echols English Garner Hammill H"rw Hill Kidd Olmstead Perry Shumake Tate Timmons Turner Walker of 22nd Walker of 43rd 504 JOURNAL OF THE SENATE Those voting in the negative were Senators: Baldwin Broun Burton C'av C|f.man Sj)eeaanT Edge Egan Foster Gillis Hasty Henson Huggins Langford Marable MNeow*ebill Perdue Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott SStteairnr berg Taylor Thompson Tysinger White Not voting were Senators Hooks and Johnson. On the adoption of the amendment, the yeas were 20, nays 34, and the amendment to SB 52 offered by Senator Hammill of the 3rd was lost. On the adoption of the amendment offered by Senator Hammill of the 3rd to the sub stitute to SB 52 offered by the Senate Committee on Judiciary, the yeas were 13, nays 31, and the amendment was lost. On the adoption of the substitute, the yeas were 34, nays 10, 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 Alien Baldwin Bishop Bowen Broun Burton Clay CCoollleimnsan Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks HKuidgg! ins Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott gtarr S_,,tei.nb, erg mi lavlor Thompson Timmons Turner Tysinger Walker of 22nd White Voting in the negative were Senators Shumake and Walker of the 43rd. Not voting was Senator Johnson. On the passage of the bill, the yeas were 53, nays 2. MONDAY, FEBRUARY 11, 1991 505 The bill, having received the requisite constitutional majority, was passed by substitute. Senator Gillis of the 20th introduced Honorable J. Roy Rowland, U. S. Representative of Georgia's 8th Congressional District, who briefly addressed the Senate. Senator Garner of the 30th moved that Senator Johnson of the 47th be excused from the Senate today to attend a funeral. On the motion, the yeas were 34, nays 0; the motion prevailed, and Senator Johnson of the 47th was excused from the Senate today. The President announced that the Senate would stand in recess from 12:25 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. Senator Deal of the 49th, President Pro Tempore, assumed the Chair. The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage: SB 95. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing in general, so as to delete provisions relating to the Georgia Residential Finance Authority and thereby abolish the Georgia Residential Fi nance Authority; to provide for designation of the Georgia Capital Finance Au thority as the State Office of Housing. The Senate Committee on Finance and Public Utilities offered the following substitute to SB 95: A BILL To be entitled an Act to amend Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing in general, so as to delete provisions relating to the Georgia Residential Finance Authority and thereby abolish the Georgia Residential Finance Author ity; to provide for designation of the Georgia Residential and Capital Authority as the State Office of Housing; to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create the Georgia Residential and Capital Authority; to provide for the Georgia Residential and Capital Authority to be a successor entity to the Georgia Residential Finance Authority; to provide for the general purposes of the Georgia Residen tial and Capital Authority with respect to financing and financial assistance for housing and industrial enterprises; to provide for the membership, powers, duties, operations, obliga tions, rights, and liabilities of said authority; to provide for related matters; to make con forming amendments in various provisions of the Official Code of Georgia Annotated; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Parti Section 1-1. Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing in general, is amended by striking in its entirety Article 3, relating to residential and family farm mortgages and housing and the Georgia Residential Finance Authority, and inserting in its place a new Article 3 to read as follows: "ARTICLE 3 8-3-170. The General Assembly finds and declares that housing is an issue of paramount concern to this state which affects the health, welfare, and safety of the citizens of this state 506 JOURNAL OF THE SENATE and economic viability and planned growth of its communities. The General Assembly fur ther finds and declares that the provision of and planning for housing and housing related matters are issues that are intrinsically intertwined with the ability to provide for the fi nancing of housing activities. For this reason, the General Assembly designates the Georgia Residential and Capital Authority as the State Office of Housing and assigns it the following powers and duties: (1) To be responsible for the planning, development, and implementation of a coordi nated state housing program; (2) To provide technical and financial assistance on housing and housing related mat ters throughout the state; (3) To perform such housing related duties as may be assigned it by the Governor or the General Assembly; (4) To apply for and receive and to administer federal funds under any federal housing program for which the state is an eligible applicant and, in the administration of such funds, to enter into such contracts as it deems necessary and to expend such state funds as the General Assembly may appropriate for such purposes; (5) To coordinate activities and work in conjunction with the Farmers Home Adminis tration, which activities may include, but not be limited to, processing loan applicants and loans, community outreach activities, and financial assistance in the form of interest or down payment subsidies or write-downs; and (6) To coordinate housing related activities and work in conjunction with private, fed eral, or quasi-governmental entities, which entities shall include, but not be limited to, the Federal Housing Administration, the United States Department of Veterans Affairs, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, and the Government National Mortgage Association. 8-3-171. The General Assembly affirms the state's commitment to providing decent, safe, and affordable housing to all segments of the population of this state. The State Office of Housing is authorized and directed to develop a state housing goal and shall prepare a state housing goal report for presentation to the General Assembly, commencing with the 1990 session and continuing every even-numbered year thereafter. The report shall identify housing needs and housing accomplishments and outline plans for achieving the state hous ing goal. The state and its agencies, institutions, authorities, commissions, bureaus, and en tities which are political subdivisions of the state, cities and counties, local housing authori ties, and any urban residential finance authority are authorized and directed to provide such information and perform such duties and functions as may be required to assist the State Office of Housing to prepare its reports and perform its functions." Section 1-2. Title 50 of the Official Code of Georgia Annotated, relating to state gov ernment, is amended by adding at the end thereof a new Chapter 26 to read as follows: "CHAPTER 26 50-26-1. This chapter shall be known and may be cited as the 'Georgia Residential and Capital Authority Act.' 50-26-2. (a) The General Assembly finds that: (1) There exists an inadequate supply of, and a pressing need for, financing and finan cial assistance to ensure the provision or preservation of safe, decent, energy efficient, and affordable housing and an adequate system of housing finance for housing and housing re lated concerns within this state; and (2) There exists an inadequate supply of, and a pressing need for, financing and finan cial assistance to industrial enterprises which desire to locate or improve or expand in the state, particularly those industrial enterprises which desire to locate in the more rural areas of the state. MONDAY, FEBRUARY 11, 1991 507 (b) It is declared to be the public policy and responsibility of this state to promote the health, welfare, safety, morals, and economic security of its citizens through the retention of existing employment and alleviation of unemployment in all phases of industrial enterprise and housing; the elimination of the shortage of and the preservation of safe, decent, energy efficient, and affordable housing; and the elimination of the shortage of and the preservation of capital for housing finance. (c) The General Assembly finds that the public policies and responsibilities of the state as set forth in this Code section cannot be fully attained without the use of public financing and financial assistance, either direct or indirect; that such public financing can best be provided by the creation of a state residential and capital authority with comprehensive and extensive powers therein, which powers shall include, but not be limited to, the power to issue bonds or revenue bonds to provide financing for industrial enterprises, for housing, and for housing finance; and that all of the foregoing are public purposes and uses for which public moneys may be borrowed, expended, advanced, loaned, and granted. (d) It is the intent of the General Assembly to create an instrumentality that can facili tate economic development and housing and housing finance throughout the state through its ability to access global capital markets and thereby provide credit to worthy businesses engaged in industrial enterprises and located in or desiring to locate in this state or to pro vide housing or housing finance in this state on terms competitive with those available to businesses engaged in industrial enterprises or available to those involved in housing or housing finance that are able to access directly such capital markets. (e) It is further the intent of the General Assembly that the authority created by this chapter work directly with and assist financial institutions and local development authori ties in this state in creating, offering, delivering, and servicing such additional financing alternatives to businesses engaged in industrial enterprises and to businesses and individu als involved in housing or housing finance. 50-26-3. The authority shall receive all assets of, and the authority shall be responsible for any contracts, leases, agreements, or other obligations of, the Georgia Residential Fi nance Authority. The authority is substituted as a party to any such contract, agreement, lease, or other obligation and is responsible for performance thereon as if it had been the original party and is entitled to all benefits and rights of enforcement by any other parties to such contracts, agreements, leases, or other obligations. 50-26-4. As used in this chapter, the term: (1) 'Authority' means the Georgia Residential and Capital Authority or any subsidiary corporation created by the board of directors of the Georgia Residential and Capital Au thority pursuant to this chapter. (2) 'Bonds' or 'revenue bonds' means any bonds, revenue bonds, or other evidences of indebtedness of a securities nature, including refunding bonds, issued by the authority and offered to the public. (3) 'Business' means any lawful activity engaged in for profit or not for profit, whether organized as a corporation; a partnership, either general or limited; a sole proprietorship; or otherwise. (4) 'Cost of project,' 'cost of any project,' or 'cost of an industrial enterprise' means, as the context may require, all, including but without limiting the generality of the foregoing, of the following: (A) All costs of acquisition, by purchase or otherwise, and all costs of installation, modi fication, repair, reconditioning, renovation, remodeling, extension, rehabilitation, or preser vation incurred in connection with any project or part of any project; (B) All costs of real property, fixtures, equipment, or personal property used in or in connection with or necessary or convenient for any project or any facility or facilities related thereto, including, but not limited to, cost of land, interests in land, options to purchase, estates for years, easements, rights, improvements, water rights, and connections for utility 508 JOURNAL OF THE SENATE services; the cost of fees, franchises, permits, approvals, licenses, and certificates or the cost of securing any of the foregoing; the cost of preparation of any application therefor; and the cost of all fixtures, machinery, equipment, furniture, and other property used in connection with or necessary or convenient for any project or facility; (C) All financing charges, including, but not limited to, premiums and prepayment pen alties, interest accrued before acquisition or refinancing of a project, loan or loan guarantee fees, and fees paid to or which accrue to the authority regardless of the timing of such fees, prior to, during operation of, or after completion of a project or facility; (D) The cost of architectural, engineering, legal, financing, surveying, planning, environ mental reports and inspections, accounting services, any and all other necessary technical personnel or other expenses necessary or incident to planning, providing, or determining the need for or the feasibility or practicability of a project or financial assistance to or financing of a project; (E) All fees for legal, accounting, bond, underwriting, trustee, paying agent, option pro vider, credit enhancement, and fiscal agent services for bondholders under any bond resolu tion, trust agreement, indenture, or similar instrument or agreement and all expenses in curred by any of the above; (F) The cost of plans and specifications for any project; (G) The cost of title insurance and title examinations with respect to any project; (H) Administrative costs, expenses, and fees rendered or incurred with respect to any project; (I) The cost of the establishment of any reserves, including, but not limited to, any sinking fund and debt service reserves; and (J) All costs of servicing any loans made or acquired. (5) 'Facilities' means any real property, personal property, or mixed property of any and every kind. (6) 'Housing' means a specific work or undertaking, whether acquisition, new construc tion, or rehabilitation, which is: (A) designed or financed for the primary purpose of provid ing safe, decent, energy efficient, appropriate, and affordable dwelling accommodations for persons and families of low or moderate income; or (B) designed or financed for special needs populations, including, but without limiting the generality of the foregoing, the aged, the infirm, the mentally disabled, the mentally ill, and the physically disabled. Such under takings may include any buildings, land, equipment, facilities, or other real or personal properties which are necessary, convenient, or desirable appurtenances, such as, but not limited to, site preparation, landscaping, and other nonhousing facilities such as recrea tional, administrative, health care, commercial, community, and staff facilities as the au thority deems incidental, necessary, convenient, or desirable appurtenances; retirement homes, centers, and related facilities; nursing homes and related facilities; residential care facilities for the elderly or disabled; and long-term or life-care facilities for the elderly or disabled; or (C) without regard to income, for those geographic areas in which, in the opin ion of the authority, the development, preservation, or improvement of housing is necessary for the purposes of: (i) economic development or expansion; or (ii) retaining in or attracting to such area qualified human resources essential to industrial, business, commercial, and residential operations and development. Such undertakings may be either single-family dwellings or multifamily dwellings, energy improvements thereto, or other improvements thereto and may include cooperatives, condominiums, transitional housing, homeless shel ters, single-room occupancy housing, and any other building which provides residential opportunities. (7) 'Housing finance* means the purchase or acquisition of mortgages or participations therein; the making of loans or grants for housing; the administration of federal housing programs; the underwriting, servicing, and administration of mortgages or participations MONDAY, FEBRUARY 11, 1991 509 therein; the issuance of insurance or the underwriting of insurance for housing; and the allocation and administration of tax credits pertaining to housing. (8) 'Industrial enterprise' or 'industrial enterprises' means: (A) Any one or more buildings or structures to be used in the production, manufactur ing, processing, assembling, storing, or handling of any agricultural, manufactured, mining, or industrial product or any combination of the foregoing, in every case with all necessary or useful furnishings, machinery, equipment, parking facilities, landscaping, and facilities for outdoor storage, all as determined by the authority, which determination shall be final and not subject to review; and there may be included as part of any such project all improve ments necessary to the full utilization thereof, including site preparation, roads, and streets, sidewalks, water supply, outdoor lighting, belt line railroad sidings and lead tracks, bridges, causeways, terminals for railroad, automotive, and air transportation, transportation facili ties incidental to the project, and the dredging and improving of harbors and waterways, none of which foregoing descriptive words shall be construed to constitute a limitation, pro vided that none of the improvements described in this sentence shall be the primary pur pose of any project; (B) The acquisition, construction, leasing, or equipping of new industrial facilities or the improvement, modification, acquisition, expansion, modernization, leasing, equipping, or remodeling of existing industrial facilities located or to be located within the state; (C) The acquisition, construction, improvement, or modification of any property, real or personal, which any industrial concern might desire to use, acquire, or lease in connection with the operation of any plant or facility located or to be located within the state; (D) The acquisition, construction, improvement, or modification of any property, real or personal, which shall be suitable for or used as or in connection with: (i) Convention or trade show facilities; or (ii) Hotel and motel facilities for lodging which also may provide meals, provided that such facilities are constructed in connection with and adjacent to convention or trade show facilities. No project as defined by this division shall be exempt from any ad valorem taxation; (E) The acquisition or development of land as the site for an industrial park, provided that for purposes of this subparagraph, the term 'development of land' includes the provi sion of water, sewage, drainage, or similar facilities or transportation, power, or communica tion facilities which are incidental to use of the site as an industrial park but, except with respect to such facilities, does not include the provision of structures or buildings; (F) The acquisition, construction, leasing, or financing of: (i) An office building facility and related real and personal property for use by any business which will further the development of trade, commerce, industry, or employment opportunities in this state and which shall be adjacent to or used in conjunction with any other existing or proposed project defined in this article and which is used or intended to be used by such business; or (ii) A separate office building facility and related real and personal property for use by any business which will further the development of trade, commerce, industry, or employ ment opportunities in this state. No such office building facility as defined in this subparagraph shall be undertaken by the authority unless the authority determines that the business to use such facility will be the primary tenant; and (G) The acquisition, construction, equipping, improvement, modification, or expansion of any property, real or personal, for use as or in connection with research and development facilities. As used in this subparagraph, the term 'research and development facilities' means any property used in whole or in substantial part in conducting basic and applied research for commercial, industrial, or governmental institutions in connection with institu- 510 JOURNAL OF THE SENATE tions of higher education, which research is determined by the authority to contribute to the development and promotion of trade, commerce, industry, and employment opportunities for the public good and general welfare in furtherance of the purposes for which the author ity was created. The authority's determination as to such matters shall be final and not subject to review. (9) 'Local government' or 'local governing authority' means any municipal corporation or county or any state or local authority, board, or political subdivision created by the Gen eral Assembly or pursuant to the Constitution and laws of this state. (10) 'Operating capital' means the cost of general operation and administration of a business for a temporary period, not to exceed one year. (11) 'Project' means housing and facilities used in connection therewith; housing fi nance; or facilities to be used by any industrial enterprise other than those used in connec tion with the sale of goods at retail. (12) 'State' means the State of Georgia. 50-26-5. (a) There is created a body corporate and politic to be known as the Georgia Residential and Capital Authority which shall be deemed to be an instrumentality of the state, and not a state agency, and a public corporation performing an essential governmental function. (b) The authority is assigned to the Department of Community Affairs for administra tive purposes only. (c) The authority shall consist of 12 members, ten of whom are public members ap pointed by the Governor, with the remaining two members being the director of the Office of Planning and Budget and the Governor or the designee of the Governor. The public members shall be appointed with a view toward equitable geographic distribution and inter est and expertise in one or more of the project areas. At least three of the public members shall reside outside of the metropolitan areas of the state. The public members are subject to the code of ethics covering members of boards, commissions, and authorities as contained in Code Sections 45-10-3 through 45-10-5 and are subject to removal for violation of the code of ethics as provided in those Code sections. Any vacancy created by any such removal for cause shall be filled by the Governor. (d) Three of the initial public members shall be appointed for an initial term of four years, three of the initial public members shall be appointed for an initial term of three years, and four of the initial public members shall be appointed for an initial term of two years. All subsequent terms shall be for four years. Each member shall hold office for the term of his or her appointment and until his or her successor shall be appointed and duly qualified. Any member may succeed himself or herself. All vacancies in the membership of the authority, whether caused by expiration of term of office, death, resignation, removal, or otherwise, shall be filled by appointment by the Governor. The term of any member ap pointed to fill an unexpired term shall be the remainder of the term of the member he or she replaced. (e) The authority shall elect from its membership a chair, a vice chair, a secretary, and such other officers as it may determine from time to time. Such officers shall serve for such terms as shall be prescribed by the bylaws of the authority or until their respective succes sors are elected and qualified. No member of the authority shall hold more than any one office of the authority. (f) The public members of the authority shall receive the same expense allowance per day as that received by members of the General Assembly, plus actual expenses incurred, for each day's service spent in the performance of the duties of the authority, provided that such compensation shall be limited to 30 days during any one fiscal year unless one of the public members is elected chair, in which event such compensation shall be limited to 100 days during any one fiscal year. The ex officio members shall receive reimbursement for actual expenses incurred in the performance of their duties. MONDAY, FEBRUARY 11, 1991 511 (g) Except for the issuance of bonds, the authority may delegate to one or more of its members, to the executive director, or to any agent or employee of the authority such pow ers and duties as it may deem proper. (h) The authority shall appoint an executive director who shall be the chief administra tive officer of the authority and serve as an ex officio nonvoting member of the board of directors. (i) No part of the funds of the authority shall inure to the benefit of or be distributed to its members or officers or other private persons, except that the authority shall be author ized and empowered to pay reasonable compensation for services rendered and to reimburse expenses incurred. In addition, the authority shall be authorized and empowered to make loans and grants, allocate credits, provide financial assistance, and otherwise exercise its other powers in furtherance of its corporate purposes. No such loans or grants or financial assistance shall be made to, no credits shall be allocated to, and no property shall be pur chased or leased from or sold, leased, or otherwise disposed of to any member or officer of the authority in his or her individual capacity or by virtue of partnership or ownership of a for profit corporation. This subsection does not preclude loans or grants to, or financial assistance or allocation of credit to, or purchase or lease from or sale, lease, or disposal of property to any subsidiary corporation of the authority. (j) The Attorney General shall provide legal services for the authority, and, in connec tion therewith, Code Section 45-15-13 through 45-15-16 shall be fully applicable. 50-26-6. Neither the members of the authority nor any officer or employee of the au thority acting in behalf thereof, while acting within the scope of his or her authority, is subject to any liability resulting from: (1) The construction, ownership, maintenance, or operation of any project financed with the assistance of the authority; or (2) Carrying out any of the powers given in this chapter. 50-26-7. (a) The powers of the authority shall be vested in the members of the board of directors in office from time to time; and a majority of members in office shall constitute a quorum for the transaction of any business and for the exercise of any power or function of the authority. (b) Action may be taken and motions and resolutions adopted by the board at any meeting thereof by the affirmative vote of a majority of present and voting board members. (c) No vacancy in the membership of the board shall impair the right of the members to exercise all the powers and perform all duties of the board. 50-26-8. (a) The authority shall have any and all powers necessary or convenient to its usefulness in carrying out and effectuating the purposes and provisions of this chapter which are not in conflict with the Constitution of this state, including, but without limiting the generality of the foregoing, the following powers: (1) To sue and be sued in contract and in tort and to complain and defend in all courts; (2) To adopt and alter a corporate seal; (3) To adopt, amend, and repeal bylaws, rules and regulations, and policies and proce dures for the regulation of its affairs and the conduct of its business, the election and duties of officers and employees of the authority, and such other matters as the authority may determine; (4) To appoint and select officers, agents, and employees, including professional and administrative staff and personnel, financial advisers, consultants, fiscal agents, trustees, and accountants and to fix their compensation and pay their expenses; (5) To procure or to provide insurance against any loss in connection with its programs, property, and other assets; 512 JOURNAL OF THE SENATE (6) To borrow money and to issue notes and bonds and other obligations to accomplish its public purposes and to provide for the rights of the lenders or holders thereof; (7) To pledge, mortgage, convey, assign, hypothecate, or otherwise encumber any prop erty of the authority, including, but not limited to, real property, fixtures, personal prop erty, intangible property, revenues, income, charges, fees, or other funds and to execute any lease, trust indenture, trust agreement, resolution, agreement for the sale of the authority's bonds, loan agreement, mortgage, deed to secure debt, trust deed, security agreement, as signment, or other agreement or instrument as may be necessary or desirable, in the judg ment of the authority, to secure any such bonds, which instruments or agreements may provide for foreclosure or forced sale of any property of the authority upon default in any obligation of the authority, either in payment of principal, premium, if any, or interest or in the performance of any term or condition contained in any such agreement or instrument; the state, on behalf of itself and each political subdivision, public body corporate and poli tic, or taxing district therein, waives any right it or such political subdivision, public body corporate and politic or taxing district may have to prevent the forced sale or foreclosure of any property of the authority upon such default and agrees that any agreement or instru ment encumbering such property may be foreclosed in accordance with law and the terms thereof; (8) To purchase notes or participations in notes evidencing loans which are secured by mortgages or security interests and to enter into contracts in that regard; (9) To extend credit, to make loans, to participate in the making of loans, to enter into commitments for the purchase of mortgages or participations, to provide credit enhance ment, and to provide or procure insurance; (10) To collect fees and charges in connection with its bonds, loans, commitments, in surance, credit enhancement, and servicing, including, but not limited to, reimbursement of costs of financing; (11) To sell mortgages and security interests at public or private sale; to negotiate mod ifications or alterations in mortgage and security interests; to foreclose on any mortgage or security interest in default or commence any action to protect or enforce any right conferred upon it by any law, mortgage, security agreement, deed of trust, deed to secure debt, con tract, or other agreement; to bid for and purchase property which was the subject of such mortgage or security interest at any foreclosure or at any other sale; to acquire or take possession of such property; and to exercise any and all rights as provided by law or con tract for the benefit or protection of the authority or mortgage holders or holders of the authority's notes, bonds, or other obligations; (12) To service mortgages and to make and execute contracts for the servicing of mort gages made or acquired by the authority and to pay reasonable compensation for such servicing; (13) To make and execute contracts, agreements, and other instruments, including in terest rate swap or currency swap agreements, and to take such other actions and do such other things as the authority may deem appropriate to provide credit enhancement for any of its bonds; (14) To receive and use the proceeds of any tax levied by the state or a local govern ment or taxing district of the state enacted for the purposes of providing credit enhance ment or for any other purpose for which the authority may use its own funds pursuant to this chapter; (15) To receive and administer gifts, grants, and devises of money and property of any kind and to administer trusts; (16) To acquire real and personal property in its own name to promote any of the pub lic purposes of the authority or for the administration and operation of the authority; (17) To provide and administer grant moneys for any of the public purposes of the authority and to comply with all conditions attached thereto; MONDAY, FEBRUARY 11, 1991 513 (18) To contract for any period, not exceeding 50 years, with the state, any institution, department, agency, or authority of the state, or any local government within the state for the use by the authority of any facilities or services of any such entity or for the use by such entity of any facilities or services of the authority, provided that such contracts shall deal with such activities and transactions as the authority and any such entity with which the authority contracts are authorized by law to undertake; (19) To invest any accumulation of its funds, including, but without limiting the gener ality of the foregoing, funds received from the issuance of bonds and any sinking funds or reserves in any manner as it determines is in its best interests and to purchase its own bonds and notes; (20) To hold title to any project financed by it, but it shall not be required to do so; (21) To establish eligibility standards for financing and financial assistance and techni cal assistance authorized for projects under this chapter; (22) To sell or otherwise dispose of unneeded or obsolete equipment or property of every nature and every kind; (23) To lease as lessor any facility or any project for such rentals and upon such terms and conditions as the authority considers advisable and not in conflict with this chapter; (24) To sell by installment or otherwise to sell by option or contract for sale and to convey all or any part of any item of any project or facility for such price and upon such terms and conditions as the authority considers advisable and which are not in conflict with this chapter; (25) To manage property, intangible, real, and personal, owned by the authority or under its control by lease or by other means; (26) To do any and all things necessary, desirable, convenient, or incidental for the accomplishment of the objectives of this chapter and to exercise any power usually pos sessed by private corporations performing similar functions which is not in conflict with the public purposes of the authority or the Constitution and laws of this state, including: (A) The power to retain accounting and other financial services; (B) The power to purchase all kinds of insurance, including, without limitation, insur ance against tort liability and against risks of damage to property; (C) The power to indemnify and hold harmless any parties contracting with the author ity or its agents from damage to persons or property; and (D) The power to act as self-insurer with respect to any loss or liability and to create insurance reserves; (27) To incorporate one or more nonprofit corporations as subsidiary corporations of the authority for the purpose of carrying out any of the powers of the authority and to accomplish any of the purposes of the authority. Any such subsidiary corporation shall be a nonprofit corporation, a public body, a political subdivision of the state, and an instrumen tality of the state and shall exercise essential governmental functions. Any subsidiary corpo rations created pursuant to this power shall be created pursuant to Chapter 3 of Title 14, the 'Georgia Nonprofit Corporation Code,' and the Secretary of State shall be authorized to accept such filings. The members of the board of directors of the authority shall constitute the members of and shall serve as directors of any subsidiary corporation and such shall not constitute a conflict of interest. Upon dissolution of any subsidiary corporation of the au thority, any assets shall revert to the authority or to any successor to the authority or, fail ing such succession, to the State of Georgia. The authority shall not be liable for the debts or obligations or bonds of any subsidiary corporation or for the actions or omissions to act of any subsidiary corporation unless the authority expressly so consents; (28) To lease any authority owned facilities or property or any state owned facilities or property which the authority is managing under contract with the state; and no such lease 514 JOURNAL OF THE SENATE agreement shall be deemed to be a contract subject to any law requiring that contracts shall be let only after receipt of competitive bids; (29) To provide advisory, technical, consultative, training, management, educational, and project assistance services to the state and any institution, department, agency, or au thority of the state, to any local government, or to any nonprofit or for profit business, corporation, partnership, association, sole proprietorship, or other entity or enterprise and to enter into contracts with the foregoing to provide such services; and the state, any insti tution, department, agency, or authority of the state, and any local government are author ized to enter into contracts with the authority for such services, to perform all duties re quired by the contract, and to pay for such services as may be provided them; (30) To impose restrictive covenants which shall be deemed to be running with the land to any person, corporation, partnership, or other form of business entity which receives fi nancial assistance from the authority, which form of financial assistance shall include tax credits, bond financing, grants, guarantees of the authority, guarantees of the state, insur ance of the authority, and all other forms of financial assistance, regardless of whether the authority enjoys privity of estate or whether the covenant touches and concerns the prop erty burdened; and such restrictive covenants shall be valid for a period of up to the later of 40 years or the termination or satisfaction of such financial assistance, notwithstanding any other provision of law; and (31) To enter into partnership agreements, to sell and purchase partnership interests, and to serve as general or limited partner of a partnership created to further the public purposes of the authority. (b) The powers enumerated in each paragraph of subsection (a) of this Code section are cumulative of and in addition to those powers enumerated in the other paragraphs of sub section (a) of this Code section and elsewhere in this chapter and no such power limits or restricts any other power of the authority. (c) This chapter, being for the welfare of this state and being for the welfare of its citizens, shall be liberally construed to effect the purposes specified in this chapter. 50-26-9. (a) The authority may issue bonds for the purpose of facilitating economic development; for the improvement of public health, safety, and welfare; and for other public purposes through the provision of financing and financial assistance, either directly or indi rectly through a financial institution; a lender; the state; any institution, department, agency, or authority of the state; any political subdivision of the state; or any other public agency, public corporation or public authority or otherwise for: (1) industrial enterprises; (2) housing; and (3) housing finance. (b) 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 bonds or income derived by the holders of the evidence of such indebtedness or bonds is, for purposes of federal taxation, includable in the taxable income of the recipients of such payments or is otherwise not exempt from the imposition of such taxation on the recipient. (c) No bonds, notes, or other obligations of, and no indebtedness incurred by, the au thority shall constitute an indebtedness or obligation or a pledge of the faith and credit of the State of Georgia or its agencies; nor shall any act of the authority in any manner consti tute or result in the creation of an indebtedness of the state or its agencies or a cause of action against the state or its agencies; provided, however, that the state, to the extent per mitted by its Constitution, may guarantee payment of such bonds, notes, or other obligation as guaranteed revenue debt. (d) It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purpose are in all respects for the benefit of the people of this state and are a public purpose and the authority will be performing an essential government function in the exercise of the powers conferred upon it by this chapter. The state covenants with the holders of the bonds that the authority shall not be required to pay any taxes or assessments upon any of the property acquired or leased by the authority or under the MONDAY, FEBRUARY 11, 1991 515 jurisdiction, control, possession, or supervision of the authority or upon the activities of the authority in the financing of the activities financed by the authority or upon any principal, interest, premium, fees, charges, or other income received by the authority and that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The exemption from taxation is declared to specifically ex tend to any subsidiary corporation created by the board of directors of the authority but shall not extent to tenants or lessees of the authority unless otherwise exempt from taxa tion. The exemption from taxation shall not include exemptions from sales and use taxes on property purchased by the authority or for use by the authority. (e) The state does pledge to and agree with the holders of any bonds issued by the authority pursuant to this chapter that the state will not alter or limit the rights vested in the authority to fulfill the terms of any agreement made with or for the benefit of the hold ers of bonds or in any way impair the rights and remedies of bondholders until the bonds, together with the interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of such holders are fully met and discharged or funds for the payment of such are fully provided. The authority is authorized to include this pledge and agreement of the state in any agree ment with bondholders. 50-26-10. (a) The offer, sale, or issuance of bonds, notes, or other obligations by the authority shall not be subject to regulation under Chapter 5 of Title 10, the 'Georgia Securi ties Act of 1973.' No notice, proceeding, or publication except those required in this chapter is necessary to the performance of any act authorized in this chapter; nor is any such act subject to referendum. (b) The authority shall fix such rates, fees, and charges for loans and for use of its services and facilities as is sufficient in the aggregate (when added to any other grants or funds available to the authority) to provide funds for the payment of the interest on and principal of all bonds payable from said revenues and to meet all other encumbrances upon such revenues as provided by any agreement executed by the authority in connection with the exercise of its powers under this chapter and for the payment of all operating costs and expenses which shall be incurred by the authority, including provisions for appropriate reserves, except for funds appropriated to the State of Georgia Guaranteed Revenue Debt Common Reserve Fund with respect to any bonds issued by the authority as guaranteed revenue debt; provided, however, that such costs and expenses shall include any reimburse ment to the State of Georgia Guaranteed Revenue Debt Common Reserve Fund because of any payments made from such fund for any guaranteed revenue debt issued by the authority. (c) The use and disposition of the authority's revenue is subject to the provisions of the resolutions authorizing the issuance of any bonds payable therefrom or of the trust agree ment or indenture, if any, securing the same. The authority may designate any of its bonds as general obligations or may limit the source of repayment pursuant to the resolution au thorizing the issuance of the bonds. (d) The making of any loan commitment or loan, and the issuance, in anticipation of the collection of the revenues from such loan or loans, of bonds to provide funds therefor, may be authorized under this chapter by resolution of the authority. Unless otherwise pro vided therein, such resolution shall take effect immediately and need not be published or posted. The authority, in determining the amount of such bonds, may include all costs and estimated costs of the issuance of the bonds; all fiscal, legal, and trustee expenses; and all costs of the project. Such bonds may also be issued to pay off, refund, or refinance any outstanding bonds or other obligations of any nature owed by the authority, whether or not such bonds or other obligations are then subject to redemption; and the authority may pro vide for such arrangements as it may determine for the payment and security of the bonds being issued or for the payment and security of the bonds or other obligations to be paid off, refunded, or refinanced. (e) Bonds may be issued under this chapter in one or more series; may bear such date 516 JOURNAL OF THE SENATE or dates; may mature at such time or times, not exceeding 40 years from their respective dates; may bear interest at such rate or rates, payable at such time or times; may be payable in such medium of payment at such place or places; may be in such denomination or de nominations; may be in such form, either coupon or registered or book entry; may be issued in such specific amounts; may carry such registration, conversion, and exchangeability privi leges; may be declared or become due before the maturity date thereof; may provide such call or redemption privileges; may have such rank or priority; may be the subject of a put or agreement to repurchase by th authority or others; may be resold by the authority, once acquired, without the acquisition being considered the extinguishment of the bonds; may be issued for a project or for more than one project, whether or not such project is identified at the time of bond issuance; and may contain such other terms, covenants, assignments, and conditions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide. The authority may sell such bonds in such manner, at such price or prices, and on such terms and conditions as the authority determines. (f) The bonds must be signed by the chair or vice chair of the authority; the corporate seal of the authority must be impressed, imprinted, or otherwise reproduced on the bonds; and the bonds must be attested by the signature of the secretary or assistant secretary of the authority. The signatures of the officers of the authority and the seal of the authority on any bond issued by the authority may be facsimile if the instrument is authenticated or countersigned by a trustee other than the authority itself or an officer or employee of the authority. All bonds issued under authority of this chapter bearing signatures or facsimiles of signatures of officers of the authority in office on the date of the signing thereof are valid and binding, notwithstanding that before the delivery thereof and payment therefor such officers whose signatures appear thereon have ceased to be officers of the authority. Pending the preparation of the definitive bonds, interim certificates, in such form and with such provisions as the authority may determine, may be issued to the purchasers of bonds to be issued under this chapter. (g) The provisions of this chapter and of any bond resolution, indenture, or trust agree ment entered into pursuant to this chapter are a contract with every holder of the bonds; and the duties of the authority under this chapter and under any such bond resolution, indenture, or trust agreement are enforceable by any bondholders by mandamus or other appropriate action or proceeding at law or in equity. (h) The authority may provide for the replacement of any bond which becomes muti lated, lost, or destroyed in the manner provided by the resolution, indenture, or trust agreement. (i) There is no limitation on the amount of bonds of which the authority may issue. Any limitations with respect to interest rates or any maximum interest rate or rates found in Article 3 of Chapter 82 of Title 36, the 'Revenue Bond Law,' the usury laws of this state, or any other laws of this state do not apply to bonds of the authority. (j) All bonds issued by the authority under this chapter shall be issued and shall be validated by the Superior Court of Pulton County, Georgia, under and in accordance with the procedures set forth in Code Sections 36-82-73 through 36-82-83, which comprise a por tion of the 'Revenue Bond Law,' as now or hereafter in effect, except as provided in this chapter. Notes and other obligations of the authority may be, but are not required to be, so validated. (k) All bonds must bear a certificate of validation signed by the clerk of the Superior Court of Fulton County, Georgia. Such signatures may be made on the certificate of valida tion of such bonds by facsimile or by manual execution, stating the date on which such bonds were validated; and such entry is original evidence of the fact of judgment and shall be received as original evidence in any court in this state. (1) The authority shall reimburse the district attorney for his or her actual costs, if any, associated with the bond validation proceedings. The fees payable to the clerk of the Supe rior Court of Fulton County for validation and confirmation shall be as follows for each MONDAY, FEBRUARY 11, 1991 517 bond, regardless of the denomination of such bonds: $1.00 for each bond for the first 100 bonds; 25 cents for each of the next 400 bonds; and 10 cents for each bond over 500. (m) In lieu of specifying the rate or rates of interest which bonds to be issued by the authority are to bear, the notice to the district attorney or the Attorney General; the notice to the public of the time, place, and date of the validation hearing; and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest (which may be fixed or may fluctuate or otherwise change from time to time) specified in such notices and the petition and com plaint or may state that, if the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate (which may be fixed or may fluctuate or otherwise change from time to time) so specified; provided, however, that nothing in this Code section shall be construed as prohibiting or restricting the right of the authority to sell such bonds at a discount, even if in doing so the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint. (n) Prior to issuance, all bonds shall be subject to the approval of the Georgia State Financing and Investment Commission. (o) Any other law to the contrary notwithstanding, this chapter shall govern all civil claims, proceedings, and actions respecting debt of the authority evidenced by bonds. 50-26-11. The bonds authorized by this chapter are securities in which: (1) All public officers and bodies of this state; (2) All local governments of this state; (3) All insurance companies and associations and other persons carrying on an insur ance business; (4) All banks, bankers, trust companies, saving banks, and savings associations, includ ing savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business; (5) All administrators, guardians, executors, trustees, and other fiduciaries; and (6) All other persons whomsoever who are authorized to invest in bonds or other obliga tions of this state may properly and legally invest funds, including capital in their control or belonging to them. Such bonds are also securities which may be deposited with and shall be received by all public officers and bodies of this state and local governments for any purpose for which deposit of the bonds or other obligations of this state is authorized. 50-26-12. (a) All or any part of the gross or net revenues and earnings derived from any particular loan or loans and any and all revenues and earnings received by the authority, regardless of whether such revenues and earnings were produced by a particular loan or loans for which bonds have been issued, may be pledged by the authority to the payment of the principal of and interest on bonds of the authority as may be provided in any resolution authorizing the issuance of such bonds or in any indenture or trust agreement pertaining to such bonds. (b) Such funds so pledged, from whatever source received, may include funds received from one or more of all sources and may be set aside at regular intervals into sinking funds for which provision may be made in any such resolution or indenture or trust agreement, which sinking funds may be pledged to and charged with the payment of: (1) The interest on such bonds as such interest becomes due; (2) The principal of the bonds as the same mature; (3) The necessary charges of any trustee, paying agent, or registrar for such bonds; (4) Any premium on bonds retired on call or purchase; and 518 JOURNAL OF THE SENATE (5) Reimbursement of a credit enhancement provider who has paid principal of or pre mium or interest on any bond. (c) The use and disposition of any sinking fund may be subject to regulations for which provision may be made in the resolution authorizing the issuance of the bonds or in the trust instrument or indenture securing the payment of the same. 50-26-13. (a) Any issue of bonds may be secured by a trust agreement or indenture made by the authority with a corporate trustee, which may be any trust company or bank having the power of a trust company inside or outside this state. Such trust agreement or indenture may pledge or assign all revenue, receipts, and earnings to be received by the authority from any source and any proceeds which may derive from the disposition of any real or personal property of the authority or proceeds of insurance carried thereon. (b) The resolution providing for the issuance of bonds and such trust agreement or indenture may contain provisions for protecting and enforcing the rights and remedies of the bondholders, including the right of appointment of a receiver on default in the payment of any principal or interest obligation and the right of any receiver or trustee to enforce collection of any rates, fees, and charges pertaining to any loan, any overdue principal and interest on any loan, any overdue principal of and interest on all bonds in the issue, all costs of collection, and all other costs reasonably necessary to accomplish the collection of such sums in the event of any default of the authority. (c) Such resolution, trust agreement, or indenture may include covenants setting forth the duties to the authority regarding the custody, safeguarding, and application of all funds of the authority, including any proceeds derived from the disposition of any real or personal property of the authority or proceeds of insurance carried thereon. In addition, such resolu tion, trust agreement, or indenture may include covenants providing for the operation, maintenance, repair, and insurance of any facility or capital improvements constructed or acquired with loan proceeds. (d) All expenses incurred in carrying out any trust agreement or indenture under this Code section may be treated as a part of the cost of financing and administering the loans that will be funded or acquired with the proceeds of the bonds governed by such trust agreement or indenture. 50-26-14. (a) All moneys received pursuant to the authority of this chapter, whether as proceeds from the sale of bonds or other obligations, as grants or other contributions, or as revenues and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this chapter. The authority shall, in the resolution providing for the issuance of bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds and the earnings and revenues to be received to any officer who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes expressed in this chapter, subject to such regulations as this chapter and such resolution or trust indenture may provide. (b) The authority may pledge for the payment of its bonds such assets, funds, and properties as the resolution providing for the issuance of its bonds may provide. Any such pledge made by the authority is valid and binding from the time when the pledge is made; the moneys or properties so pledged and thereafter received by the authority are immedi ately subject to the lien of such pledge without any physical delivery thereof or further act; and the lien of any such pledge is valid and binding as against all parties having claims of any kind against the authority, irrespective of whether such parties have notice thereof. No resolution or any other instrument by which a pledge is created need be recorded. 50-26-15. (a) The state auditor shall make an annual audit of the books, accounts, and records of the authority with respect to its receipts, disbursements, contracts, mortgages, leases, assignments, loans, and all other matters relating to its financial operations. The state auditor shall place the audit report on file in his or her office, make the report availa ble for inspection by the general public, and shall submit a copy of the report to the General Assembly. MONDAY, FEBRUARY 11, 1991 519 (b) In addition to the annual audit report, the authority shall render to the state audi tor every six months a report setting forth in detail a complete analysis of the activities, indebtedness, receipts, and financial affairs of the authority. 50-26-16. The authority and its corporate existence shall continue until terminated by law; provided, however, that no such law shall take effect so long as the authority shall have bonds or other obligations outstanding, unless adequate provision has been made for the payment thereof. On termination of the existence of the authority, all its rights and proper ties shall pass to and be vested in the State of Georgia. 50-26-17. (a) The authority may directly acquire, manage, develop, and dispose of real property and improvements thereon as it deems necessary or desirable to provide adequate housing within the state. (b) The authority may issue bonds for reverse equity mortgages to enable the elderly to maintain a decent and appropriate residence while providing necessary cash for living expenses. (c) With respect to the sale of 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 housing units in the metropolitan statistical areas of this state and at least one-third of the total proceeds available for mortgage loans shall be set aside to finance housing units outside of the metropolitan statistical areas of the state. The time period for the geographic set aside shall be four months from the date of issuance of the bonds. For the purpose of this geographic distribution requirement, no county with a popu lation 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 distribution requirement shall apply to re funding bonds or recycled proceeds or to qualified mortgage bonds issued to spur economic and housing development in a discrete geographic area. (d) The authority may issue bonds or otherwise finance the purchase of mortgages made to Georgia citizens by lenders to provide a source of liquidity for mortgage invest ments and thereby improve the distribution and availability of investment capital for use in housing financing for all Georgians, regardless of income. (e) The authority may receive and administer any and all federal funds, state funds, or funds, grants, or gifts from other sources which are intended to promote the availability or affordability of housing and housing finance within the state. (f) The authority is the sole and exclusive issuer of mortgage credit certificates in and for the state, notwithstanding any contrary provision of law; provided, however, that any urban residential finance authority is permitted to issue mortgage credit certificates but only if the urban residential finance authority adopts purchase price and income limits con sistent with those adopted by the Georgia Capital Finance Authority for the mortgage credit certificate program. (g) Code Section 44-14-5 shall not be applicable to mortgage loans purchased, made, or otherwise financed by the authority. 50-26-18. Without limiting the generality of the findings and intent of the General As sembly or any provision of this chapter, the authority shall facilitate economic development for industrial enterprises throughout the state by means that shall include, without limita tion, the issuance of bonds, with or without such credit enhancement as the authority may deem appropriate; the collection of and accumulation of fees and other revenues; the estab lishment of debt service reserves and sinking funds; and the use of the proceeds from such bonds, funds, and reserves to make loans to industrial enterprises, either directly to such industrial enterprises or indirectly through a financial institution, a political subdivision, or otherwise; to acquire loans made by others to such industrial enterprises; or to establish revolving funds from which short-term or long-term loans can be made to such businesses, but only if in all such cases the proceeds of the loans to such industrial enterprises are utilized to construct facilities of, to make capital improvements to facilities of, or to provide 520 JOURNAL OF THE SENATE operating capital for an industrial enterprise; and to do all things deemed by the authority to be necessary, convenient, and desirable for and incident to the efficient and proper devel opment and operation of such types of undertakings." Part II Section 2-1. Code Section 8-3-301 of the Official Code of Georgia Annotated, relating to definitions pertaining to the State Housing Trust Fund for the Homeless, is amended by striking paragraph (1) and inserting in its place a new paragraph (1) to read as follows: "(1) 'Authority' means the Georgia Residential and Capital Authority created in Code Section 50-26-5." Section 2-2. Code Section 36-82-182 of the Official Code of Georgia Annotated, relating to definitions pertaining to the "Georgia Allocation System," is amended by striking para graph (19) and inserting in its place a new paragraph (19) to read as follows: "(19) 'Georgia Residential and Capital Authority' means the authority established under Chapter 26 of Title 50." Section 2-3. Each of the following Code sections and parts of Code sections of the Offi cial Code of Georgia Annotated is amended by striking the term "Georgia Residential Fi nance Authority" and inserting in its place the term "Georgia Residential and Capital Authority": (1) Code Section 8-3-306, relating to the State Housing Trust Fund for the Homeless Commission; (2) Subsection (b) of Code Section 8-3-310, relating to disbursement of funds from the State Housing Trust Fund for the Homeless; (3) Subsection (b) of Code Section 16-9-55, relating to criminal offenses involving public housing; (4) Paragraph (23) of subsection (a) of Code Section 36-41-5, relating to powers of ur ban residential finance authorities; (5) Code Section 36-41-12, relating to competition between urban residential finance authorities and the Georgia Residential Finance Authority; (6) Code Section 36-82-190, relating to reservations from the housing share of the "Georgia Allocation System"; (7) Paragraph (1) of subsection (b) of Code Section 36-82-195, relating to policy guide lines for the "Georgia Allocation System"; (8) Subsection (j) of Code Section 44-14-5, relating to prohibited practices in residential real estate transactions; (9) Paragraph (2) of subsection (a) of Code Section 50-8-13, relating to administrative assignment of agencies to the Department of Community Affairs; (10) Paragraph (9) of Code Section 50-17-21, relating to definitions pertaining to the Georgia State Financing and Investment Commission. Part III Section 3-1. All laws and parts of laws in conflict with this Act are repealed. Senator Dawkins of the 45th offered the following amendment: Amend the substitute to SB 95 offered by the Senate Committee on Finance and Public Utilities on page 26, line 23, by striking "extent" and inserting "extend". On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted. MONDAY, FEBRUARY 11, 1991 521 On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bowen Broun Burton Clay Coleman Collins Dawkins Dean Echols Edge Foster Garner Gillis Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Taylor Thompson Timmons Turner Tysinger Walker of 22nd White Voting in the negative was Senator Egan. Those not voting were Senators: Bishop Deal (presiding) English Hammill Ragan of 10th Tate Walker of 43rd On the passage of the bill, the yeas were 48, nays 1. The bill, having received the requisite constitutional majority, was passed by substitute. SB 155. By Senators Scott of the 36th, Foster of the 50th, Kidd of the 25th and others: A bill to amend Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to students and school attendance, so as to change the maxi mum age at which a child is required to be enrolled in a public school, private school, or home study program; to change the provisions relating to exemptions from compulsory attendance; to provide for an effective date. The Senate Committee on Education offered the following amendment: Amend SB 155 by striking the word "seventh" on line 18 of page 1 and inserting in lieu thereof the following: "sixth". By striking the word "seventh" on line 14 of page 2 and inserting in lieu thereof the following: "sixth". 522 JOURNAL OF THE SENATE By striking the word "seventh" on line 25 of page 2 and inserting in lieu thereof the following: "sixth". On the adoption of the amendment, the yeas were 0, nays 39, 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 Alien Baldwin Bishop Broun Burton Clay CCoollleimnsan DDaewankins Echols Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggms JKoihdndson LMaanrgafbolred Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ramsey Ray Robinson Scott Shumake Starr S0 t, em. b, erg Taayelor Thompson Timmons Turner Tysinger Walker of 22nd White Those voting in the negative were Senators: Bowen Edge Olmstead Ragan of 32nd Not voting were Senators Deal (presiding) and Walker of 43rd. On the passage of the bill, the yeas were 50, nays 4. The bill, having received the requisite constitutional majority, was passed. SB 158. By Senators Coleman of the 1st, Hill of the 4th and Thompson of the 33rd: A bill to amend Code Section 32-6-51 of the Official Code of Georgia Annotated, relating to the prohibition and regulation of signs, signals, devices, or structures on or near the rights of way of public roads, so as to authorize the erection and maintenance of bus shelters on rights of way of public roads; to authorize com mercial advertisements on such bus shelters. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: MONDAY, FEBRUARY 11, 1991 523 Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Dean Echols English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Voting in the negative was Senator Egan. Those not voting were Senators: Deal (presiding) Edge Shumake On the passage of the bill, the yeas were 51, nays 1. Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd White Walker of 43rd The bill, having received the requisite constitutional majority, was passed. The President resumed the Chair. Senator Thompson of the 33rd gave notice that, at the proper time, he would move that the Senate reconsider its action previously today in passing the following bill of the Senate: SB 95. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing in general, so as to delete provisions relating to the Georgia Residential Finance Authority and thereby abolish the Georgia Residential Fi nance Authority; to provide for designation of the Georgia Capital Finance Au thority as the State Office of Housing. The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage: SB 160. By Senator English of the 21st: A bill to amend Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to the licensing of auctioneers, so as to authorize the Georgia Auctioneers Commission to require continuing education; to change the provisions of reci procity; to authorize the commission to charge fees. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: 524 JOURNAL OF THE SENATE Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Deal Dean Echols Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd White Voting in the negative were Senators Collins and Dawkins. Those not voting were Senators: Edge Shumake Walker of 43rd On the passage of the bill, the yeas were 51, nays 2. The bill, having received the requisite constitutional majority, was passed. SB 161. 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 provide for the creation of the auctioneers educa tion, research, and recovery fund; to provide for fees; to provide for the use of such fund; to provide for the administration of the fund; to provide for a mini mum balance; to provide for claims, payments, and liability. The Senate Committee on Governmental Operations offered the following substitute to SB 161: A BILL To be entitled an Act to amend Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to auctioneers, so as to repeal certain provisions relating to bonds; to provide for the creation of the auctioneers education, research, and recovery fund; to pro vide for fees; to provide for the use of such fund; to provide for the administration of the fund; to provide for a minimum balance; to provide for claims, payments, and liability; to provide for practices, procedures, and requirements relating to the fund and payments from or to the fund; to provide for actions; to provide for notice; to provide for judgments and payment thereof; to provide for orders; to provide for revocation of licenses; to provide for interest; to provide for deposits into the state treasury and the holding of funds in a special fund; to provide for investments; to prohibit the filing of certain notices, statements, or documents; to provide for a penalty; to provide for powers, duties, rights, and obligations of the Georgia Auctioneers Commission; to provide for assignments; to provide for the use of excess funds; to provide for assessments; to provide for other 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. Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to MONDAY, FEBRUARY 11, 1991 525 auctioneers, is amended by striking Code Section 43-6-11, relating to qualifications of appli cants generally, and inserting in lieu thereof a new Code Section 43-6-11 to read as follows: "43-6-11. (a) No auctioneer's or apprentice auctioneer's license shall be issued to any person who has not attained the age of 18 years, nor to any person who is not a resident of this state unless he has fully complied with Code Section 43-6-12, nor to any person who is not a citizen or has not filed his intent to become a citizen of the United States. (b) Each applicant for an auctioneer's or apprentice auctioneer's license shall be re quired to pass an examination in a form prescribed by the commission. (c) Each applicant for licensure as an auctioneer or apprentice auctioneer must prove to the commission that he is reputable, trustworthy, honest, and competent to transact the business of an auctioneer or of an apprentice auctioneer in such a manner as to safeguard the interest of the public. (d) Each applicant for licensure as an auctioneer shall: (1) Have served as an apprentice auctioneer for at least 12 months under the supervi sion of a licensed auctioneer in this state and have served as the principal auctioneer in ten or more auctions, where gross sales were not less than $2,000.00 per auction, during the period he was an apprentice auctioneer; or (2) Have successfully graduated from an auctioneers school approved by the commis sion and have served as an apprentice auctioneer for at least six months under the supervi sion of a licensed auctioneer in this state. (e) No apprentice auctioneer may use an auction where gross sales did not exceed $2,000.00 for the purpose of qualifying for licensure as an auctioneer under paragraph (1) of subsection (d) of this Code section." Section 2. Said chapter is further amended by striking Code Section 43-6-11.1, relating to applications for license of a company, and inserting in lieu thereof a new Code Section 43-6-11.1 to read as follows: "43-6-11.1. (a) No company shall be registered to engage in the business of auctioning unless such company furnishes to the commission: (1) A completed application form as prescribed by the commission; (2) Satisfactory evidence approved by the commission that the company employs or shall employ an auctioneer licensed under the provisions of this chapter to conduct any auctions in this state; and (3) If such company is a foreign corporation, satisfactory evidence approved by the commission that such company is authorized to do business in this state and is registered in accordance with Chapter 3 of Title 14. (b) A company owned by or employing one or more full-time auctioneers licensed by the commission may be exempt from subsection (a) of this Code section, provided that such company is directly supervised by a licensed auctioneer. (c) A company licensed under Chapter 47 and Chapter 48 of this title which engages in the business of auctioning on behalf of insurance companies and financial institutions shall not be subject to the requirements of paragraph (3) of Code Section 43-6-18." Section 3. Said chapter is further amended by adding, following Code Section 43-6-22, a new Code Section 43-6-22.1 to read as follows: "43-6-22.1. (a) The commission is authorized and directed to establish and maintain an auctioneers education, research, and recovery fund. (b) The commission shall maintain a minimum balance of $100,000.00 in the auction eers education, research, and recovery fund from which any person, except bonding compa nies when they are not principals in an auction transaction, aggrieved by an act, representa tion, transaction, or conduct of a licensee which is in violation of this chapter or of the rules 526 JOURNAL OF THE SENATE and regulations of the commission promulgated pursuant to this chapter, may recover, by order of any court having competent jurisdiction, actual or compensatory damages, not in cluding interests and costs sustained by the act, representation, transaction, or conduct, provided that nothing shall be construed to obligate the fund for more than $10,000.00 per transaction regardless of the number of persons aggrieved or parcels of real estate or lots of personal property involved in such transaction. In addition: (1) The liability of the fund for the acts of a licensee, when acting as such, is terminated upon the issuance of court orders authorizing payments from the fund for judgments, or any unsatisfied portion of judgments, in an aggregate amount of $20,000.00 on behalf of such licensee; (2) A licensee acting as a principal or agent in an auction transaction has no claim against the fund; and (3) No person who establishes a proper claim or claims under this Code section shall ever obtain more than $10,000.00 from the fund. (c) When any person makes application for an original license to practice as a licensee, that person shall pay, in addition to the original license fee, a fee in an amount established by the commission for deposit in the auctioneers education, research, and recovery fund. (d) (1) No action for a judgment which subsequently results in an order for collection from the auctioneers education, research, and recovery fund shall be started later than two years from the accrual of the cause of action thereon. When any aggrieved person com mences action for a judgment which may result in collection from the auctioneers education, research, and recovery fund, the aggrieved person shall notify the commission in writing, by certified mail, return receipt requested, to this effect at the time of the commencement of such action. The commission shall have the right to intervene in and defend any such action. (2) When any aggrieved person recovers a valid judgment in any court of competent jurisdiction against any licensee for any act, representation, transaction, or conduct which is in violation of this chapter or of the regulations promulgated pursuant to this chapter, which act occurred on or after January 1, 1992, the aggrieved person may, upon termination of all proceedings, including reviews and appeals in connection with the judgment, file a verified claim in the court in which the judgment was entered and, upon ten days' written notice to the commission, may apply to the court for an order directing payment out of the auctioneers education, research, and recovery fund of the amount unpaid upon the judg ment, subject to the limitations stated in this Code section. (3) The court shall proceed upon such application in a summary manner and, upon the hearing thereof, the aggrieved person shall be required to show: (A) That he is not a spouse of the judgment debtor or the personal representative of such spouse; (B) That he has complied with all the requirements of this Code section; (C) That he has obtained a judgment, as set out in paragraph (2) of this subsection, stating the amount thereof and the amount owing thereon at the date of the application; and that, in such action, he had joined any and all bonding companies which issued corpo rate surety bonds to the judgment debtors as principals and all other necessary parties; (D) That he has caused to be issued a writ of execution upon such judgment and the officer executing the same has made a return showing that no personal or real property of the judgment debtor liable to be levied upon in satisfaction of the judgment could be found or that the amount realized on the sale of them or of such of them as were found, under such execution, was insufficient to satisfy the judgment, stating the amount so realized and the balance remaining due to the judgment after application thereon of the amount realized; (E) That he has caused the judgment debtor to make discovery under oath concerning his property, in accordance with Chapter 11 of Title 9, the 'Georgia Civil Practice Act'; MONDAY, FEBRUARY 11, 1991 527 (F) That he has made all reasonable searches and inquiries to ascertain whether the judgment debtor is possessed of real or personal property or other assets liable to be sold or applied in satisfaction of the judgment; (G) That by such search he has discovered no personal or real property or other assets liable to be sold or applied or that he has discovered certain of them, describing them, owned by the judgment debtor and liable to be so applied and that he has taken all neces sary action and proceedings for the realization thereof and that the amount thereby realized was insufficient to satisfy the judgment, stating the amount so realized and the balance remaining due on the judgment after application of the amount realized; and (H) That the following items, if any, as recovered by him have been applied to the actual or compensatory damages awarded by the court: (i) Any amount recovered from the judgment debtor or debtors; (ii) Any amount recovered from the bonding company or companies; or (iii) Any amount recovered in out-of-court settlements as to particular defendants. (4) Whenever the aggrieved person satisfies the court that it is not practical to comply with one or more of the requirements enumerated in subparagraphs (D), (E), (F), (G), and (H) of paragraph (3) of this subsection and that the aggrieved person has taken all reasona ble steps to collect the amount of the judgment or the unsatisfied part thereof and has been unable to collect the same, the court may, in its discretion, dispense with the necessity for complying with such requirements. (5) The court shall make an order directed to the commission requiring payment from the auctioneers education, research, and recovery fund of whatever sum it shall find to be payable upon the claim, pursuant to the provisions of and in accordance with the limitations contained in this Code section, if the court is satisfied, upon the hearing, of the truth of all matters required to be shown by the aggrieved person by paragraph (3) of this subsection and is satisfied that the aggrieved person has fully pursued and exhausted all remedies available to him for recovering the amount awarded by the judgment of the court. (6) Should the commission pay from the auctioneers education, research, and recovery fund any amount in settlement of a claim or toward satisfaction of a judgment against a licensee, the license of such licensee shall be automatically revoked upon the issuance of a court order authorizing payment from the auctioneers education, research, and recovery fund. If such license is that of a corporation or partnership, the license of the supervising auctioneer of the corporation or partnership shall automatically be revoked upon the issu ance of a court order authorizing payment from the auctioneers education, research, and recovery fund. No such licensee shall be eligible to receive a new license until such licensee has repaid in full, plus interest at the rate of 6 percent per annum, the amount paid from the auctioneers education, research, and recovery fund on such licensee's account. A dis charge in bankruptcy shall not relieve a person from the penalties and disabilities provided in this subsection. (7) If, at any time, the money deposited in the auctioneers education, research, and recovery fund is insufficient to satisfy any duly authorized claim or portion thereof, the commission shall, when sufficient money has been deposited in the auctioneers education, research, and recovery fund, satisfy such unpaid claims or portions thereof in the order that such claims or portions thereof were originally filed, plus accumulated interest at the rate of 4 percent per annum. (e) The sums received by the commission pursuant to any provisions of this Code sec tion shall be deposited into the state treasury and held in a special fund to be known as the 'auctioneers education, research, and recovery fund* and shall be held by the commission in trust for carrying out the purposes of this Code section. These funds may be invested in any investments which are legal for domestic life insurance companies under the laws of this state, and the interest from these investments shall be deposited to the credit of the auc- 528 JOURNAL OF THE SENATE tioneers education, research, and recovery fund and shall be available for the same purposes as all other money deposited in the auctioneers education, research, and recovery fund. (f) It shall be unlawful for any person or his agent to file with the commission any notice, statement, or other document required under this Code section which is false, un true, or contains any material misstatement of fact and any such filing shall constitute a misdemeanor. (g) When the commission receives notice, as provided in subsection (d) of this Code section, the commission may enter an appearance, file an answer, appear at the court hear ing, defend the action, or take whatever other action it may deem appropriate on behalf of and in the name of the defendant and take recourse through any appropriate method of review on behalf of and in the name of the defendant. (h) When, upon the order of the court, the commission has paid from the auctioneers education, research, and recovery fund any sum to the judgment creditor, the commission shall be subrogated to all of the rights of the judgment creditor. The judgment creditor shall assign all his right, title, and interest in the judgment to the commission before any pay ment is made from the fund, and any amount and interest so recovered by the commission on the judgment shall be deposited in the fund. If the total amount collected on the judg ment by the commission exceeds the amount paid from the fund to the original judgment creditor plus interest and the cost of collection, the commission may elect to pay any over age collected to the original judgment creditor or reassign the remaining interest in the judgment to the original judgment creditor. The payment or reassignment to the original judgment creditor shall not subject the fund to further liability for payment to the original judgment creditor based on that transaction or judgment. Any costs incurred by the com mission's attempting to collect assigned judgments shall be paid from the fund. (i) The failure of an aggrieved person to comply with all of the provisions of this Code section shall constitute a waiver of any rights under this Code section. (j) The commission, in its discretion, may use any and all funds, in excess of the amount of $100,000.00 required by subsection (b) of this Code section, regardless of whether such funds are from the auctioneers education, research, and recovery fund or from accrued interest thereon for the purpose of helping to underwrite the cost of education and research programs for the benefit of licensees and the public as the commission may approve in ac cordance with the provisions of this chapter and its rules and regulations; provided, how ever, that the commission shall not expend or commit sums for educational or research pur poses in such amounts as would cause the auctioneers education, research, and recovery fund to be reduced to an amount less than $100,000.00. (k) In addition to the license fees provided for in this chapter, the commission, in its discretion and based upon the need to ensure that a minimum balance of $100,000.00 is maintained in the auctioneers education, research, and recovery fund, may assess each licen see, only upon renewal of his license, an amount not to exceed $150.00 per year." 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 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 Alien Baldwin Bishop Bowen Broun Burton Clay Coleman MONDAY, FEBRUARY 11, 1991 529 Collins Deal Dean Echols Edge Egan EFonsgtleisr h GGialrlinser Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable MNeowyebill OPelmrdsuteead Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Sbtteeminbbeerrgz T* ay,lor Thompson Turner Tysinger Walker of 22nd White Voting in the negative was Senator Dawkins. Not voting were Senators Timmons and Walker of 43rd. On the passage of the bill, the yeas were 53, nays 1. The bill, having received the requisite constitutional majority, was passed by substitute. SB 168. By Senators Kidd of the 25th, Walker of the 43rd, Langford of the 35th and others: A bill to amend Chapter 4 of Title 43 of the Official Code of Georgia Annotated, relating to architects, so as to provide for the registration and regulation of regis tered interior designers; to define certain terms; to designate certain Code sec tions as an article of Chapter 4 of Title 43; to create the State Board of Registra tion of Interior Designers as a division of the State Board of Architects. The Senate Committee on Governmental Operations offered the following substitute to SB 168: 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 authorize interior designers to register as regis tered interior designers; to define certain terms; to provide that the State Board of Archi tects shall grant certificates of registration as registered interior designers to qualified appli cants; to provide for additional members of said board when meeting for the purpose of granting such certificates and administering provisions of law applicable to interior design ers; to provide that after a certain date it shall be unlawful for any person to use the title "registered interior designer" unless a certificate of registration has been issued to the per son; to provide for penalties; to provide for the issuance of certificates of registration as registered interior designers; to provide requirements and qualifications for the issuance of such certificates; to provide for the issuance of permits to interior designers licensed or cer tified in other states and foreign countries and for requirements relative thereto; to provide for the form of certificates of registration and for certain limitations and prohibitions rela tive to interior designers; to provide that architects may practice interior design but must be issued a certificate of registration to use the title "registered interior designer"; to provide for applicability; to provide for certain actions against registered interior designers who vio late certain provisions of this Act or who have been guilty of fraud, deceit, negligence, or incompetence under certain circumstances; to authorize actions by the Attorney General to enjoin illegal activities; to provide for other matters relative to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes. 530 JOURNAL OF THE SENATE 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 the word "chapter" wherever the same appears in Code Sections 43-4-10, 43-4-11, 43-4-13, 43-4-14, 43-4-16, and 43-4-17 and inserting in lieu thereof the word "article". Section 2. Said chapter is further amended by designating present Code Sections 43-4-1 through 43-4-18 as Article 1 of said Chapter 4 and by adding at the end thereof a new Article 2 to read as follows: "ARTICLE 2 43-4-30. As used in this article, the term: (1) 'Board' means the State Board of Architects. (2) 'Registered interior designer' means a person registered under this article as being qualified by education, experience, and examination to use the title 'registered interior de signer.' In general, an interior designer performs services including preparation of docu ments relative to nonload-bearing interior construction, furnishings, fixtures, and equipment. 43-4-31. (a) The State Board of Architects shall grant certificates and administer the provisions of this article, except that for the purposes of this article, there shall be three additional members of the board, each of whom shall be appointed by the Governor. Each of the three additional members shall have been an interior designer for at least ten years immediately preceding their appointment and shall have passed the examination promul gated by the National Council for Interior Design Qualification or other equivalent examina tion approved by the board. The Governor shall appoint such additional members for terms of office beginning on July 1, 1991, with one of such members appointed for an initial term of three years, one member for an initial term of four years, and the other member for an initial term of five years and until their successors are appointed and qualified. Successors shall be appointed for terms of five years and until their successors are appointed and quali fied. A vacancy in the office of any such additional member shall be filled by appointment of the Governor for the unexpired term. The appointment of such additional members by the Governor shall be subject to confirmation by the Senate as provided in Code Section 43-116. (b) The three additional members provided for in subsection (a) of this Code section shall be full voting members of the board only for the purposes of this article. (c) The board shall monitor intern development programs for registered interior designers. (d) The board shall keep a registry of registered interior designers. 43-4-32. (a) After December 31, 1991, it shall be unlawful for any person to use the title 'registered interior designer' unless the person has been issued a certificate of registration as a registered interior designer as provided in this article. (b) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor. 43-4-33. (a) Any person wishing to use the title 'registered interior designer' shall apply to the board for a certificate of registration as a registered interior designer. (b) A certificate of registration as a registered interior designer shall be granted by the board to any person applying therefor who: (1) Is a resident of the State of Georgia; (2) Is at least 21 years of age; (3) Is of good moral character; (4) Pays the fees required by the board; MONDAY, FEBRUARY 11, 1991 531 (5) Provides proof of having passed the examination promulgated by the National Council for Interior Design Qualification or, at the option of the board, has passed an appro priate examination established and administered by the board; and (6) Except as otherwise provided in subsection (c) of this Code section, provides proof that the applicant has acquired a minimum four-year degree or first professional degree conferred by a college or university accredited by the National Architectural Accrediting Board or by another national or regional accrediting organization recognized by the board in a program of study in architecture or in a program of study in interior design approved by the Foundation for Interior Design Research or in a substantially equivalent program of study approved by the board. (c) The education requirement specified in paragraph (6) of subsection (b) of this Code section shall be waived by the board until July 1, 1992, for any applicant who: (1) Provides proof satisfactory to the board that the applicant has been an interior designer within the State of Georgia for at least ten years immediately prior to the date of the application; and (2) Passes a test or tests established and administered by the board on life safety and accessibility codes. (d) A certificate of registration as a registered interior designer shall be valid for two years and shall be renewed biennially. An applicant for renewal of a certificate shall pay a renewal fee established by the board. 43-4-34. An interior designer who is certified or registered in another state or foreign country may be issued a permit by the board to use the title 'registered interior designer' within the State of Georgia, provided that a person applying for such permit shall submit proof satisfactory to the board of having passed the examination promulgated by the Na tional Council for Interior Design Qualification or the person shall pass a substantially equivalent examination established and administered by the board. If an applicant passed the examination promulgated by the National Council for Interior Design Qualification more than three years prior to the date of the application or prior to January 1, 1990, the board shall require the applicant to pass a test or tests on life safety and accessibility codes established and administered by the board. A permit issued pursuant to the provisions of this Code section shall be valid for two years and may be renewed by the board. 43-4-35. (a) The board shall prescribe the form of a certificate of registration as a regis tered interior designer issued pursuant to the provisions of this article. The certificate shall have placed thereon the seal of the State Board of Architects. (b) An interior designer shall not be authorized to have a separate seal and the seal of the State Board of Architects shall not be applied to drawings or other documents prepared by registered interior designers. (c) The provisions of subsection (b) of Code Section 43-4-10 shall apply to interior de signers, including those registered under this article, unless the interior designers are archi tects qualified as such under Article 1 of this chapter. 43-4-36. (a) Nothing in this article shall be construed as amending or in any manner affecting the definition of or practice of architecture as provided in Code Sections 43-4-1 and 43-4-14. (b) Nothing in this article shall be construed as prohibiting an architect from practicing interior design, provided that an architect shall not use the title 'registered interior designer' unless the architect has been granted a certificate of registration under this article. 43-4-37. The board may, upon its own motion, and shall, upon the complaint in writing of any person, initiate investigations into the actions of any registered interior designer and shall have the power to censure the registrant or to revoke or suspend any registration is sued under this article as provided in Code Section 43-1-19 or whenever the board concludes that the registrant has violated any provision of this article or whenever the board has de- 532 JOURNAL OF THE SENATE termined that the registrant has, in the use of the title 'Registered Interior Designer,' been guilty of fraud, deceit, negligence, or incompetence. 43-4-38. 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 article, the Attorney General may bring an action in the name of the state to abate and temporarily or permanently enjoin such acts and practices and to enforce compliance with this article. The board shall not be required to give bond in any such action." Section 3. This Act shall become effective on the date of its approval by the Governor or on the date of its otherwise becoming law for the administrative purpose of allowing the additional members of the State Board of Architects to be appointed pursuant to the provi sions of quoted Code Section 43-4-31 of Section 2 of this Act to take office and begin func tioning on July 1, 1991. This Act shall be effective for all purposes on July 1, 1991. 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 SB 168 offered by the Senate Committee on Governmental Operations by striking from the title, beginning on line 8 of page 1, the following: "when meeting for the purpose of granting such certificates and administering provi sions of law applicable to interior designers". By striking in their entirety lines 21 through 24 on page 3, which read as follows: "(b) The three additional members provided for in subsection (a) of this Code section shall be full voting members of the board only for the purposes of this article." By striking from line 25 of page 3 the following: "(c)", and inserting in lieu thereof the following: "(b)". By striking from line 27 of page 3 the following: "(d)", and inserting in lieu thereof the following: "(c)". On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted. On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster MONDAY, FEBRUARY 11, 1991 533 Garner Gillis Hammill Harris Hasty Henson Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd White Voting in the negative was Senator Hill. Not voting was Senator Walker of 43rd. On the passage of the bill, the yeas were 54, nays 1. The bill, having received the requisite constitutional majority, was passed by substitute. SB 190. 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, so as to change the provisions relating to the establishment of such plans; to provide for the State Personnel Board to estab lish a schedule of fees for hospitals, practitioners of the healing arts, and pharmacists. The Senate Committee on Governmental Operations offered the following substitute to SB 190: A BILL To be entitled an Act to amend Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance plans for public schoolteachers and public school employees, so as to change the provisions relating to the estab lishment of such plans; to provide for the State Personnel Board to establish a schedule of fees for hospitals, practitioners of the healing arts, and pharmacists; to provide for the de termination of fees based on certain data or methods; to require a health care provider upon request to notify the board in writing if it will accept for services assignment of benefits not to exceed the amount authorized by the fee schedules; to provide for the effect of such notification; to make it unlawful for any health care provider that is licensed to provide health care services or supplies in this state to refuse to provide services or supplies to a member who is covered under such health insurance plans; to require a health care provider upon request to notify the board in writing if it will provide medical or surgical services at the scheduled fees for members of the health insurance plans; to provide for the effect of such notification; to provide for the publication of a list of health care providers that agree to provide services at the scheduled fees and the scheduled fees for those services; to change the provisions relating to the design of such plans; to include a provision that increases coinsurance provisions when a person covered under a plan chooses to receive health care services or supplies from a noncontracting health care provider; to authorize the State Per sonnel Board to establish reasonable fees for benefit payments when health care services or supplies are required to be received in geographic areas not having a contracting health care provider; to provide for contracts to promote the delivery of quality health care to employ ees and their dependents; to provide for the inclusion of certain provisions in said contracts; to provide that the State Personnel Board shall require health care providers to accept as- 534 JOURNAL OF THE SENATE signment of benefits and to hold the employees harmless for any fees greater than the nego tiated contract fees; to provide that the said board shall not be liable for the negligence, misfeasance, malfeasance, nonfeasance, or malpractice of any health care provider rendering health care services or supplies; to define certain terms; to provide for related matters; to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to change the provisions relating to the establishment of such plan; to provide for the State Personnel Board to establish a schedule of fees for hospitals, practitioners of the healing arts, and pharmacists; to provide for the determination of fees based on certain data or methods; to require a health care provider upon request to notify the board in writing if it will accept for services assignment of bene fits not to exceed the amount authorized by the fee schedules; to provide for the effect of such notification; to make it unlawful for any health care provider that is licensed to provide health care services or supplies in this state to refuse to provide services or supplies to a member who is covered under this health insurance plan; to require a health care provider upon request to notify the board in writing if it will provide medical or surgical services at the scheduled fees for members of the health insurance plan; to provide for the effect of such notification; to provide for the publication of a list of health care providers that agree to provide services at the scheduled fees and the scheduled fees for those services; to change the provisions relating to the design of such plan; to include a provision that increases coin surance provisions when a person covered under the plan chooses to receive health care services or supplies from a noncontracting health care provider; to authorize the State Per sonnel Board to establish reasonable fees for benefit payments when health care services or supplies are required to be received in geographic areas not having a contracting health care provider; to provide for contracts to promote the delivery of quality health care to employ ees and their dependents; to provide for the inclusion of certain provisions in said contracts; to provide that the State Personnel Board shall require health care providers to accept as signment of benefits and to hold the employees harmless for any fees greater than the nego tiated contract fees; to provide that the said board shall not be liable for the negligence, misfeasance, malfeasance, nonfeasance, or malpractice of any health care provider rendering health care services or supplies; to define certain terms; 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 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance plans for public schoolteachers and public school employees, is amended by striking in its entirety Code Section 20-2-880, relating to defini tions with respect to the establishment of a health insurance plan for public schoolteachers, and inserting in lieu thereof a new Code Section 20-2-880 to read as follows: "20-2-880. As used in this subpart, the term or terms: (1) 'Board' means the State Personnel Board. (2) 'Commissioner' means the commissioner of personnel administration. (3) 'Contracting health care provider' means any health care provider who agrees in a manner approved by the board to render the health care services or supplies at agreed upon fees and who agrees to abide by the terms and conditions of the contract required by the board. (4) 'Health care provider' means any person, corporation, facility, or institution licensed by this state or any other state to lawfully provide health care services, including but not limited to a doctor of medicine, doctor of osteopathy, hospital or other health care facility, dentist, nurse, optometrist, podiatrist, physical therapist, psychologist, occupational thera pist, pharmacist, and chiropractor. (5) 'Health care services or supplies' means any services and supplies included in the furnishing of medical or dental care or hospitalization or incident to the furnishing of such care or hospitalization as well as the furnishing of any and all other services for the purpose of preventing, alleviating, curing, or healing human illness or injury. MONDAY, FEBRUARY 11, 1991 535 (6) 'Local employer' means the county or independent board of education, regional and county libraries, and the governing authority of Georgia Military College. (7) 'Public schoolteacher,' 'teacher,' and 'employee' mean any person employed not less than half time in a professionally certificated capacity or position in the public school sys tems of this state. 'Public schoolteacher,' 'teacher,' and 'employee' also mean librarians and other personnel employed by regional and county libraries or the high school program of Georgia Military College. 'Public schoolteacher,' 'teacher,' and 'employee' also mean any professionally certificated person who has acquired ten years or more of creditable service and who is being paid retirement benefits by the Teachers Retirement System of Georgia, Chapter 3 of Title 47, or by any other public schoolteacher retirement system in this state. 'Public schoolteacher,' 'teacher,' and 'employee' shall not be deemed to include any emer gency or temporary employee. Notwithstanding this definition or any other provision of this subpart, the board may, by regulation, make available to employees who work 17'/2 hours or more per week such benefits as are required to be made available to such employees by regulations of the United States Internal Revenue Service or any other federal authority. (8) 'Qualified entity' means any person, association, corporation, or other legal entity with which the board is authorized under Article 1 of Chapter 18 of Title 45, relating to the state employees' health insurance plan, to enter into contract. Section 2. Said Part 6 of Article 17 of Chapter 2 of Title 20 is further amended by striking in its entirety Code Section 20-2-881, relating to the authority of the State Person nel Board to establish a health insurance plan for public schoolteachers, and inserting in lieu thereof a new Code Section 20-2-881 to read as follows: "20-2-881. (a) The board is authorized to establish a health insurance plan for public schoolteachers of this state and to adopt and promulgate rules and regulations for its ad ministration, subject to the limitations contained in this subpart, which plan may provide for group hospitalization, surgical, and medical insurance against the financial costs of hospitalization, surgery, and medical treatment and care rendered by health care providers and may also include health care services or supplies as defined in this subpart and other things, such as prescribed drugs, medicines, prosthetic appliances, hospital inpatient, outpatient service benefits, dental benefits, vision care benefits, and medical expense indemnity bene fits, including major medical benefits. (b) The board shall analyze fees of hospitals, pharmacists, and practitioners of the heal ing arts and establish a schedule of fees for hospitals and practitioners of the healing arts. The fees for hospitals shall be based upon a statistical analysis of the charges by and bene fits paid to the peer groups adjusted for the intensity of the case mix for hospitals of the same licensure classification or subclassification (e.g., general, pediatric, psychiatric, rehabil itation, etc.) and of similar services. The data analyzed shall consist of the charges filed in the 12 months prior to September 1 of each year, and fees shall be adjusted as appropriate on January 1 of the following year. The established fee schedule for hospitals shall be based on fixed per diem payments, discounts from normally billable charges where such charges can be clearly defined and fixed at the beginning of a contract period, or any other reasona ble method which predetermines eligible hospital fees for a contract period. (c) The fees for practitioners of the healing arts shall be based upon a statistical analy sis of the fees charged for a global procedure by such practitioners and shall be established at the point where the seventieth percentile of all fees charged for the global procedure intersects the total (excluding statistically aberrant global procedures) in the same geo graphic area. Notwithstanding the foregoing, if the board determines that the seventieth percentile represents an unreasonably high or low charge, it may establish another fee for the global procedure which in its judgment is fair and equitable. (d) The fee for pharmacists shall be based upon a statistical analysis of the fees charged for each drug (at the strength and dosage level). As a result of the statistical analysis, a maximum allowable fee formula will be established by the board based upon a discount from the drug manufacturer's average wholesale price plus a professional dispensing fee for 536 JOURNAL OF THE SENATE each prescription. The average wholesale price, less a discount percentage, plus a dispensing fee for each prescription will be established at the point where the seventieth percentile of all fees charged intersects the total as considered upon an aggregate basis for all drugs dis pensed during the time period included in the statistical analysis. A different maximum allowable fee may be established upon the previously described basis for the categories of single-source brand name, multiple-source brand name, and generic drugs. Notwithstanding the foregoing, if the board determines that the seventieth percentile for any drug represents an unreasonably high or low charge, it may establish another fee for the drug which in its judgment is fair and equitable. (e) The health care providers shall, upon request from the board, notify the board in writing if any such health care provider will accept for such health care services or supplies assignment of benefits not to exceed the amount authorized by the fee schedules. This noti fication shall be in effect until 90 days following revocation by the health care provider. The board shall publish a list of health care providers that accept assignment of benefits under the plan. (f) It shall be unlawful for any health care provider that is licensed to provide health care services or supplies in this state to refuse to provide services or supplies to a member who is covered under this health insurance plan. Health care providers shall, upon request from the board, notify the board in writing if any such health care provider will provide health care services or supplies at the scheduled fees for members of the health insurance plan. This notification shall be in effect until 90 days following revocation by the health care provider. The board shall publish a list of health care providers that agree to provide ser vices or supplies at the scheduled fees and the scheduled fees for those services or supplies." Section 3. Said Part 6 of Article 17 of Chapter 2 of Title 20 is further amended by striking in its entirety Code Section 20-2-883, relating to the design of the health insurance plan for public schoolteachers, and inserting in lieu thereof a new Code Section 20-2-883 to read as follows: "20-2-883. The health insurance plan shall be designed by the board to: (1) Provide a reasonable relationship between the hospital, surgical, and medical bene fits to be included and the expected distribution of expenses of each such type to be in curred by the covered employees and dependents; (2) Include reasonable controls, which may include deductible and coinsurance provi sions applicable to some or all of the benefits, to reduce unnecessary utilization of the vari ous hospital, surgical, and medical services to be provided and to provide reasonable assur ance of stability in future years of the plan; and (3) Include a provision that increases the coinsurance provisions by at least 20 percent when a person covered under the plan chooses to receive health care services or supplies from a noncontracting health care provider. The board in its discretion may establish rea sonable fees for benefit payments when health care services or supplies are required to be received in geographic areas not having a contracting health care provider." Section 4. Said Part 6 of Article 17 of Chapter 2 of Title 20 is further amended by adding at the end of Code Section 20-2-884, relating to contracts for benefits or authoriza tion for self-insurance, a new subsection (f) to read as follows: "(f) The board may arrange a contract without regard to fiscal year limitations with any corporation, hospital service nonprofit corporation, nonprofit medical service corporation, health care corporation, or health care provider licensed to transact business in this state or licensed to provide health care services or supplies for the purposes of promoting the deliv ery of quality health care to employees and their dependents. The contracts must include provisions which foster the delivery of such care in a cost-effective manner as demonstrated by statistical analyses of efficiency, which may be based on case mix or peer group catego ries. The board shall establish procedures and policies by which quality assurance practices are incorporated in all contracts. The board shall require the health care provider to accept assignment of benefits and to hold the employee harmless for any fees greater than the MONDAY, FEBRUARY 11, 1991 537 negotiated contract fees. The board shall not be liable for the negligence, misfeasance, mal feasance, nonfeasance, or malpractice of any health care provider rendering health care ser vices or providing health care supplies." Section 5. Said Part 6 of Article 17 of Chapter 2 of Title 20 is further amended by striking in its entirety Code Section 20-2-910, relating to definitions with respect to the establishment of a health insurance plan for public school employees, and inserting in lieu thereof a new Code Section 20-2-910 to read as follows: "20-2-910. As used in this subpart, the term: (1) 'Board' means the State Personnel Board. (2) 'Commissioner' means the commissioner of personnel administration. (3) 'Contracting health care provider' means any health care provider who agrees in a manner approved by the board to render the health care services or supplies at agreed upon fees and who agrees to abide by the terms and conditions of the contract required by the board. (4) 'Health care provider' means any person, corporation, facility, or institution licensed by this state or any other state to lawfully provide health care services, including but not limited to a doctor of medicine, doctor of osteopathy, hospital or other health care facility, dentist, nurse, optometrist, podiatrist, physical therapist, psychologist, occupational thera pist, pharmacist, and chiropractor. (5) 'Health care services or supplies' means any services and supplies included in the furnishing of medical or dental care or hospitalization or incident to the furnishing of such care or hospitalization as well as the furnishing of any and all other services for the purpose of preventing, alleviating, curing, or healing human illness or injury. (6) 'Public school employee' means an 'employee' as defined in paragraph (20) of Code Section 47-4-2. 'Public school employee' also means classroom aides, paraprofessionals, and noncertified administrative and clerical personnel. It is specifically provided, however, that the term 'public school employee' shall not include any emergency or temporary employee or any other employee who works in a position otherwise covered by such term less than 60 percent of the time required to carry out the duties of such position. Notwithstanding this definition or any other provision of this subpart, the board may, by regulation, make availa ble to employees who work 17 Vi hours or more per week such benefits as are required to be made available to such employees by regulations of the United States Internal Revenue Service or any other federal authority. (7) 'Qualified entity' means any person, association, corporation, or other legal entity with which the board is authorized under Article 1 of Chapter 18 of Title 45 to contract." Section 6. Said Part 6 of Article 17 of Chapter 2 of Title 20 is further amended by striking in its entirety Code Section 20-2-911, relating to the authority of the State Person nel Board to establish a health insurance plan for public school employees, and inserting in lieu thereof a new Code Section 20-2-911 to read as follows: "20-2-911. (a) The board is authorized to establish a health insurance plan for public school employees of this state and to adopt and promulgate rules and regulations for its administration, subject to the limitations contained in this subpart, which plan may provide for group hospitalization, surgical, and medical insurance against the financial costs of hos pitalization, surgery, and medical treatment and care rendered by health care providers and may also include health care services or supplies as defined in this subpart and other things, such as prescribed drugs, medicines, prosthetic appliances, hospital inpatient, outpatient service benefits, dental benefits, vision care benefits, and medical expense indemnity bene fits, including major medical benefits. (b) The board shall analyze fees of hospitals, pharmacists, and practitioners of the heal ing arts and establish a schedule of fees for hospitals and practitioners of the healing arts. The fees for hospitals shall be based upon a statistical analysis of the charges by and bene- 538 JOURNAL OF THE SENATE fits paid to the peer groups adjusted for the intensity of the case mix for hospitals of the same licensure classification or subclassification (e.g., general, pediatric, psychiatric, rehabil itation, etc.) and of similar services. The data analyzed shall consist of the charges filed in the 12 months prior to September 1 of each year, and fees shall be adjusted as appropriate on January 1 of the following year. The established fee schedule for hospitals shall be based on fixed per diem payments, discounts from normally billable charges where such charges can be clearly defined and fixed at the beginning of a contract period, or any other reasona ble method which predetermines eligible hospital fees for a contract period. (c) The fees for practitioners of the healing arts shall be based upon a statistical analy sis of the fees charged for a global procedure by such practitioners and shall be established at the point where the seventieth percentile of all fees charged for the global procedure intersects the total (excluding statistically aberrant global procedures) in the same geo graphic area. Notwithstanding the foregoing, if the board determines that the seventieth percentile represents an unreasonably high or low charge, it may establish another fee for the global procedure which in its judgment is fair and equitable. (d) The fee for pharmacists shall be based upon a statistical analysis of the fees charged for each drug (at the strength and dosage level). As a result of the statistical analysis, a maximum allowable fee formula will be established by the board based upon a discount from the drug manufacturer's average wholesale price plus a professional dispensing fee for each prescription. The average wholesale price, less a discount percentage, plus a dispensing fee for each prescription will be established at the point where the seventieth percentile of all fees charged intersects the total as considered upon an aggregate basis for all drugs dis pensed during the time period included in the statistical analysis. A different maximum allowable fee may be established upon the previously described basis for the categories of single-source brand name, multiple-source brand name, and generic drugs. Notwithstanding the foregoing, if the board determines that the seventieth percentile for any drug represents an unreasonably high or low charge, it may establish another fee for the drug which in its judgment is fair and equitable. (e) The health care providers shall, upon request from the board, notify the board in writing if any such health care provider will accept for such health care services or supplies assignment of benefits not to exceed the amount authorized by the fee schedules. This noti fication shall be in effect until 90 days following revocation by the health care provider. The board shall publish a list of health care providers that accept assignment of benefits under the plan. (f) It shall be unlawful for any health care provider that is licensed to provide health care services or supplies in this state to refuse to provide services or supplies to a member who is covered under this health insurance plan. Health care providers shall, upon request from the board, notify the board in writing if any such health care provider will provide health care services or supplies at the scheduled fees for members of the health insurance plan. This notification shall be in effect until 90 days following revocation by the health care provider. The board shall publish a list of health care providers that agree to provide ser vices or supplies at the scheduled fees and the scheduled fees for those services or supplies." Section 7. Said Part 6 of Article 17 of Chapter 2 of Title 20 is further amended by striking in its entirety Code Section 20-2-913, relating to the design of the health insurance plan for public school employees, and inserting in lieu thereof a new Code Section 20-2-913 to read as follows: "20-2-913. The health insurance plan shall be designed by the board to: (1) Provide a reasonable relationship between the hospital, surgical, and medical bene fits to be included and the expected distribution of expenses of each such type to be in curred by the covered employees and dependents; (2) Include reasonable controls, which may include deductible and coinsurance provi sions applicable to some or all of the benefits, to reduce unnecessary utilization of the vari- MONDAY, FEBRUARY 11, 1991 539 ous hospital, surgical, and medical services to be provided, and to provide reasonable assur ance of stability in future years of the plan; and (3) Include a provision that increases the coinsurance provisions by at least 20 percent when a person covered under the plan chooses to receive health care services or supplies from a noncontracting health care provider. The board in its discretion may establish rea sonable fees for benefit payments when health care services or supplies are required to be received in geographic areas not having a contracting health care provider." Section 8. Said Part 6 of Article 17 of Chapter 2 of Title 20 is further amended by adding at the end of Code Section 20-2-914, relating to contracts for benefits or authoriza tion for self-insurance, a new subsection (e) to read as follows: "(e) The board may arrange a contract without regard to fiscal year limitations with any corporation, hospital service nonprofit corporation, nonprofit medical service corporation, health care corporation, or health care provider licensed to transact business in this state or licensed to provide health care services or supplies for the purposes of promoting the deliv ery of quality health care to employees and their dependents. The contracts must include provisions which foster the delivery of such care in a cost-effective manner as demonstrated by statistical analyses of efficiency, which may be based on case mix or peer group catego ries. The board shall establish procedures and policies by which quality assurance practices are incorporated in all contracts. The board shall require the health care provider to accept assignment of benefits and to hold the employee harmless for any fees greater than the negotiated contract fees. The board shall not be liable for the negligence, misfeasance, mal feasance, nonfeasance, or malpractice of any health care provider rendering health care ser vices or providing health care supplies." Section 9. Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, is amended by striking in its entirety Code Section 45-18-1, relating to definitions with respect to the establishment of a health insurance plan for state employees, and inserting in lieu thereof a new Code Section 45-18-1 to read as follows: "45-18-1. As used in this article, the term: (1) 'Board' means the State Personnel Board. (1.1) 'Contracting health care provider' means any health care provider who agrees in a manner approved by the board to render the health care services or supplies at agreed upon fees and who agrees to abide by the terms and conditions of the contract required by the board. (2) 'Employee' means: (A) A person who works full time for the state and receives his compensation in a direct payment from a department, agency, or institution of state government; provided, however, that such term shall not include specially classified maintenance and food service employees of the Jekyll Island--State Park Authority hired on or after July 1, 1987, and paid on an hourly basis; (B) An annuitant who at the time of his retirement worked full time for the state and received his compensation in a direct payment from a department, agency, or institution of state government and who draws a monthly benefit from the Employees' Retirement System of Georgia; (C) A person who is appointed to an emeritus position under the laws of this state; (D) Members of the General Assembly; (E) Administrative and clerical personnel of the General Assembly; (F) District attorneys of the superior court; of this state; (G) Assistant district attorneys of the superior courts of this state who are appointed 540 JOURNAL OF THE SENATE pursuant to Code Section 15-18-14 and district attorneys' investigators appointed pursuant to Code Section 15-18-14.1; (H) A person who works full time and receives his compensation in a direct payment from a county board of health or the county boards of health comprising a health district or the county boards of health receiving financial assistance from the Department of Human Resources; (I) An annuitant who at the time of his retirement worked full time and received his compensation in a direct payment from a county board of health or the county boards of health comprising a health district or the county boards of health receiving financial assis tance from the Department of Human Resources; (J) A county employee who works full time for a county department of family and children services and who receives his compensation from a county department of family and children services; (K) An annuitant who at the time of his retirement was a county employee who worked full time for a county department of family and children services and who received his com pensation in a direct payment from a county department of family and children services and who draws a monthly benefit from either the Employees' Retirement System of Georgia or a county employees' retirement system; (L) Secretaries employed by district attorneys and by judges of the superior courts and law clerks employed by judges of the superior courts under Code Sections 15-6-25 through 15-6-28 and Code Sections 15-18-17 through 15-18-19. (3) 'Health care provider' means any person, corporation, facility, or institution licensed by this state or any other state to lawfully provide health care services, including but not limited to a doctor of medicine, doctor of osteopathy, hospital or other health care facility, dentist, nurse, optometrist, podiatrist, physical therapist, psychologist, occupational thera pist, pharmacist, and chiropractor. (4) 'Health care services or supplies' means any services and supplies included in the furnishing of medical or dental care or hospitalization or incident to the furnishing of such care or hospitalization as well as the furnishing of any and all other services for the purpose of preventing, alleviating, curing, or healing human illness or injury. (5) 'Person who works full time* means an individual who works at least 30 hours per week and whose employment is intended to be a continuing employment. This would ex clude any student, seasonal, intermittent, or part-time employment. This would also exclude employment intended for only a very limited duration. Notwithstanding this definition or any other provision of this article, the board may, by regulation, make available to employ ees who work 17 V4 hours or more per week such benefits as are required to be made availa ble to such employees by regulations of the United States Internal Revenue Service or any other federal authority. (6) 'Professional claim administrators' means any person, firm, or corporation which has at least two years' experience in the handling of insurance claims and which the board has determined to be fully qualified, financially sound, and capable of meeting all of the service requirements of the contract of administration under such criteria as may have been estab lished by appropriate rules and regulations promulgated by the board after due notice and hearing as required by law." Section 10. Said Article 1 of Chapter 18 of Title 45 is further amended by striking in its entirety subsection (a) of Code Section 45-18-2, relating to the authority of the State Per sonnel Board to establish a health insurance plan for state employees, and inserting in lieu thereof a new subsection (a) to read as follows: "(a) The board is authorized to establish a health insurance plan for employees of the state and to adopt and promulgate rules and regulations for its administration, subject to the limitations contained in this article. The health insurance plan may provide for group hospitalization and surgical and medical insurance against the financial costs of hospitaliza- MONDAY, FEBRUARY 11, 1991 541 tion, surgery, and medical treatment and care rendered by health care providers and may also include health care services or supplies as defined in paragraph (4) of Code Section 4518-1 and other things, such as prescribed drugs, medicines, prosthetic appliances, hospital inpatient, outpatient service benefits, dental benefits, vision care benefits, and medical ex pense indemnity benefits, including major medical benefits." Section 11. Said Article 1 of Chapter 18 of Title 45 is further amended by striking in its entirety Code Section 45-18-3, relating to the design of the state employees' health insur ance plan, and inserting in lieu thereof a new Code Section 45-18-3 to read as follows: "45-18-3. The health insurance plan shall be designed by the board to: (1) Provide a reasonable relationship between the hospital, surgical, and medical bene fits to be included and the expected distribution of expenses of each such type to be in curred by the covered employees and dependents; (2) Include reasonable controls, which may include deductible and reinsurance provi sions applicable to some or all of the benefits, to reduce unnecessary utilization of the vari ous hospital, surgical, and medical services to be provided and to provide reasonable assur ance of stability in future years of the plan; and (3) Include a provision that increases the coinsurance provisions by at least 20 percent when a person covered under the plan chooses to receive health care services or supplies from a noncontracting health care provider. The board in its discretion may establish rea sonable fees for benefit payments when health care services or supplies are required to be received in geographic areas not having a contracting health care provider." Section 12. Said Article 1 of Chapter 18 of Title 45 is further amended by adding at the end of Code Section 45-18-6, relating to authorization of contracts to provide insurance ben efits, a new subsection (e) to read as follows: "(e) The board may arrange a contract without regard to fiscal year limitations with any corporation, hospital service nonprofit corporation, nonprofit medical service corporation, health care corporation, or health care provider licensed to transact business in this state or licensed to provide health care services or supplies for the purposes of promoting the deliv ery of quality health care to employees and their dependents. The contracts must include provisions which foster the delivery of such care in a cost-effective manner as demonstrated by statistical analyses of efficiency, which may be based on case mix or peer group catego ries. The board shall establish procedures and policies by which quality assurance practices are incorporated in all contracts. The board shall require the health care provider to accept assignment of benefits and to hold the employee harmless for any fees greater than the negotiated contract fees. The board shall not be liable for the negligence, misfeasance, mal feasance, nonfeasance, or malpractice of any health care provider rendering health care ser vices or providing health care supplies." Section 13. Said Article 1 of Chapter 18 of Title 45 is further amended by striking in its entirety Code Section 45-18-15, relating to the authority of the State Personnel Board to promulgate rules and regulations relating to the state employees' health insurance plan, and inserting in lieu thereof a new Code Section 45-18-15 to read as follows: "45-18-15. (a) The board shall promulgate such rules and regulations as may be re quired for the effective administration of this article. Such rules and regulations shall in clude, but not be limited to, rules and regulations establishing the conditions under which employees who originally rejected coverage may acquire coverage at a later date. The com missioner of personnel administration, as executive officer of the board, shall employ such personnel as may be needed to carry out this article and such employees shall be employees of the State Merit System of Personnel Administration. The pro rata share of the costs of operating the State Merit System of Personnel Administration in the manner prescribed by law shall be a part of the administrative costs of the employees' health insurance plan. (b) The board shall analyze fees of hospitals, pharmacists, and practitioners of the heal ing arts and establish a schedule of fees for hospitals and practitioners of the healing arts. 542 JOURNAL OF THE SENATE The fees for hospitals shall be based upon a statistical analysis of the charges by and bene fits paid to the peer groups adjusted for the intensity of the case mix for hospitals of the same licensure classification or subclassification (e.g., general, pediatric, psychiatric, rehabil itation, etc.) and of similar services. The data analyzed shall consist of the charges filed in the 12 months prior to September 1 of each year, and fees shall be adjusted as appropriate on January 1 of the following year. The established fee schedule for hospitals shall be based on fixed per diem payments, discounts from normally billable charges where such charges can be clearly defined and fixed at the beginning of a contract period, or any other reasona ble method which predetermines eligible hospital fees for a contract period. (c) The fees for practitioners of the healing arts shall be based upon a statistical analy sis of the fees charged for a global procedure by such practitioners and shall be established at the point where the seventieth percentile of all fees charged for the global procedure intersects the total (excluding statistically aberrant global procedures) in the same geo graphic area. Notwithstanding the foregoing, if the board determines that the seventieth percentile represents an unreasonably high or low charge, it may establish another fee for the global procedure which in its judgment is fair and equitable. (d) The fee for pharmacists shall be based upon a statistical analysis of the fees charged for each drug (at the strength and dosage level). As a result of the statistical analysis, a maximum allowable fee formula will be established by the board based upon a discount from the drug manufacturer's average wholesale price plus a professional dispensing fee for each prescription. The average wholesale price, less a discount percentage, plus a dispensing fee for each prescription will be established at the point where the seventieth percentile of all fees charged intersects the total as considered upon an aggregate basis for all drugs dis pensed during the time period included in the statistical analysis. A different maximum allowable fee may be established upon the previously described basis for the categories of single-source brand name, multiple-source brand name, and generic drugs. Notwithstanding the foregoing, if the board determines that the seventieth percentile for any drug represents an unreasonably high or low charge, it may establish another fee for the drug which in its judgment is fair and equitable. (e) The health care providers shall, upon request from the board, notify the board in writing if any such health care provider will accept for such health care services or supplies assignment of benefits not to exceed the amount authorized by the fee schedules. This noti fication shall be in effect until 90 days following revocation by the health care provider. The board shall publish a list of health care providers that accept assignment of benefits under the plan. (f) It shall be unlawful for any health care provider that is licensed to provide health care services or supplies in this state to refuse to provide services or supplies to a member who is covered under this health insurance plan. Health care providers shall, upon request from the board, notify the board in writing if any such health care provider will provide health care services or supplies at the scheduled fees for members of the health insurance plan. This notification shall be in effect until 90 days following revocation by the health care provider. The board shall publish a list of health care providers that agree to provide ser vices or supplies at the scheduled fees and the scheduled fees for those services or supplies." Section 14. All laws and parts of laws in conflict with this Act are repealed. Senator Garner of the 30th offered the following amendment: Amend the substitute to SB 190 offered by the Senate Committee on Governmental Operations by striking from page 1, line 13, through page 1, line 17, the following: "to make it unlawful for any health care provider that is licensed to provide health care services or supplies in this state to refuse to provide services or supplies to a member who is covered under such health insurance plans;". MONDAY, FEBRUARY 11, 1991 543 By striking from page 2, line 26, through page 2, line 30, the following: "to make it unlawful for any health care provider that is licensed to provide health care services or supplies in this state to refuse to provide services or supplies to a member who is covered under this health insurance plan;". By striking from page 8, line 28, through page 8, line 33, the following: "It shall be unlawful for any health care provider that is licensed to provide health care services or supplies in this state to refuse to provide services or supplies to a member who is covered under this health insurance plan.". By striking from page 15, line 28, through page 15, line 33, the following: "It shall be unlawful for any health care provider that is licensed to provide health care services or supplies in this state to refuse to provide services or supplies to a member who is covered under this health insurance plan.". By striking from page 27, line 6, through page 27, line 11, the following: "It shall be unlawful for any health care provider that is licensed to provide health care services or supplies in this state to refuse to provide services or supplies to a member who is covered under this health insurance plan.". On the adoption of the amendment offered by Senator Garner of the 30th, Senator Garner of the 30th called for the yeas and nays; the call was sustained, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Bishop Bowen Broun Burton Collins Deal Dean Echols Egan English Garner Hammill Hasty Henson Hill Hooks Huggins Johnson Marable Perdue Perry Phillips Pollard Ragan of 32nd Ramsey Ray Robinson Starr Steinberg Timmons Turner Tysinger Walker of 22nd White Those voting in the negative were Senators: Alien Clay CDEdaglweemkmans Foster Gillis Harris Kidd Langford Move Newbill Olmstead Ragan of 10th Scott Shumake Tate Taylor Thompson Not voting was Senator Walker of 43rd. On the adoption of the amendment, the yeas were 36, nays 19, and the amendment was adopted. 544 JOURNAL OF THE SENATE Senator Garner of the 30th offered the following amendment: Amend the Senate Committee on Governmental Operations substitute to SB 190 by striking from page 1, line 5, "to provide for the State". By striking page 1, line 6, through page 2, line 13, inclusive. By striking from page 2, line 14, the following: "supplies;". By striking from page 2, line 18, the following: "; to". By striking page 2, line 19, through page 3, line 20, inclusive. By striking from page 3, line 21, the words "care services or supplies". By striking on page 6, line 3, the following: "(a)", and inserting in lieu thereof the following: 'W- By striking page 6, line 18, through page 11, line 6, inclusive, and inserting in lieu thereof the following: "(b) The board shall investigate fcca of hoapitala, pharmacists, and practitioners of the healing arts and present recommendations to the General Assembly by not later than Janu ary 16, 1001, for a schedule of maximum fcca for hoapitula and practitioners of the healing arts. The recommended fcca for hoapitols shall be determined baaed upon a atatiatieal anal ysis of the peer groups adjusted for the intensity of the case mix for hoapitala of same liccnsurc classification or subclaasification (e.g. general, pcdiatric, psychiatric, rehabilitation, etc.) and of similar services in the same geographic area. The recommended fee achcdulc shall not be at the average of the usual and customary charges if the board determines that the average represents an unreasonably high or low charge. (c) The recommended fees for practitioners of the healing arts and pharmacists shall be determined baaed upon a statistical analyaia of the peer groups for such practitioners and pharmaciata of the same liccnaurc classification (e.g., intcrniata, family practitioners, cardiol ogista, ncufoaurgcons, etc.) and of similar services in the same geographic area. The recom mended fee schedule shall not be at the average of the usual and customary charges if the board determines that the average roproacnta an unreasonably high or low charge. (d) The recommendations shall include an analysis of all hoapitala, pharmaciats, and practitioners accepting assignment of bcncfita for such services not to exceed the amount authorized by the fee schedule. The board shall publish a list of practitioners that accept assignment of bcncfita undo? the plan. (c) The recommendations shall include an analysis of the impact of practitioners agree ing to provide medical or aurgical services at a reduced rate for membcra of the health insurance plan and of pharmacists and hospitals agreeing to provide hoapital acrvicca, medi cal equipment, or phannaeeuticals at a reduced rate for members of the health insurance plan. The board shall publish a liat of practitioners of the healing arta, pharmacists, and hospitals that offer a reduced rate for members and the rate at which those services, equip ment or pharmaceutical have been offered." By striking page 13, line 3, the following: "(a)", and inserting in lieu thereof the following: 'W. By striking page 13, line 18, through page 18, line 6, inclusive, and by inserting in lieu thereof the following: "(b) The board shall investigate fcca of hoapitala, pharmacists, and practitioncra of the healing arts and present recommendations to the General Assembly by not later than Janu- MONDAY, FEBRUARY 11, 1991 545 ary 16, 1001, for a schedule of maximum fcca for hospitals and practitioners of the healing aria. The recommended fees for hospitals shall be determined baaed upon a statistical anal ysis of the peer groups adjusted for the intcnaity of the enac mix tor hospitala of aamc liccnsure classification or aubclassificntion (e.g. general, pcdiatrie, psychiatric, rehabilitation, etc.) and of similar services in the aamc geographic area. The recommended fee schedule shall not be nt the average of the usual and customary charges if the board determines that the average represents nn unreasonably high or low charge. (c) The recommended fee for practitioners of the healing arts and pharmaeiata ahull be determined booed upon a statistical analysia of the peer groups for auch practitioners and pharmacists of the aamc liccnsurc classification (e.g., internists, family practitioners, cardiologista, ncuroaurgcona, etc.) and of similar services in the same geographic area. The recom mended fee schedule shall not be at the average of the usual and customary charges if the board determines that the average reprcacnto nn unrcaaonably high of lew-charger (d) The recommendations shall include an analysis of all hospitals, pharmacists, and practitioners accepting assignment of benefita for auch services not to exceed the amount authorized byt he fee schedule. The board shall publish a list of practitioners that accept aaaignmcnt of benefits under the plan. (c) The recommendations shall include an analysis of the impact of practitioners agree ing to provide medical or surgical scrvicca at a reduced rate for members of the health inaurancc plan and of pharmaciDta and hoapitala agreeing to provide hoapital acrvicca, mcdi cal equipment, of pharmaceutical at a reduced rate for members of the health insurance plan. The board shall publish a liat of practitioners of the healing arts, pharmacists, and hospitals that offer a reduced rate for members and the rate at which those acrvicca, equip ment, or pharmaceutical have been offered." By striking page 22, line 18, through page 27, line 27, inclusive. By redesignating Sections 5, 6, 9, 10, and 14 as Sections 3, 4, 5, 6, and 7, respectively. On the adoption of the amendment offered by Senator Garner of the 30th, Senator Garner of the 30th called for the yeas and nays; the call was sustained, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Bishop Bowen Broun Burton Collins Deal Dean Echols English Garner Gillis Hammill Hasty Henson Hill Hooks Huggins Marable Newbill Perdue Perry Phillips Pollard Ragan of 32nd Ramsey Ray Robinson Starr Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd White Those voting in the negative were Senators: Alien Clay Coleman Dawkins Edge Egan Foster Harris Johnson Kidd Langford Moye Olmstead Ragan of 10th Scott Shumake Steinberg Not voting was Senator Walker of 43rd. On the adoption of the amendment, the yeas were 38, nays 17, and the amendment was adopted. 546 JOURNAL OF THE SENATE The President announced that, pursuant to Senate Rule 143, consideration of SB 190 would be suspended until the next meeting day of the Senate, Tuesday, February 12. SB 195. By Senator Ramsey of the 54th: A bill to amend Code Section 48-14-2 of the Official Code of Georgia Annotated, relating to apportionment of payments by the TVA in lieu of taxes, so as to provide for definitions; to change the method of apportioning such payments. Senator Ramsey of the 54th moved that SB 195 be postponed until Friday, February 15. On the motion, the yeas were 37, nays 0; the motion prevailed, and SB 195 was post poned until Friday, February 15. 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 314. By Representatives Groover of the 99th, Dunn of the 73rd and Langford of the 7th: A bill to revise comprehensively provisions relating to motor vehicle insurance and the reporting of motor vehicle accidents and giving proof of financial respon sibility; to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to redesignate and revise provisions granting premium discounts with respect to motor vehicle insurance policies. The following bills of the House were read the first time and referred to committees: HB 149. By Representative Barnett of the 59th: A bill to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, so as to prohibit operation of a radio, stereo, or other sound-making device from a motor vehicle at a level that is audi ble at a distance of 100 feet or more. Referred to Committee on Public Safety. HB 314. By Representatives Groover of the 99th, Dunn of the 73rd and Langford of the 7th: A bill to revise comprehensively provisions relating to motor vehicle insurance and the reporting of motor vehicle accidents and giving proof of financial respon sibility; to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to redesignate and revise provisions granting premium discounts with respect to motor vehicle insurance policies. Referred to Committee on Insurance and Labor. HB 508. By Representatives Chambless of the 133rd, Childers of the 15th, Valenti of the 52nd and others: A bill to amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning, so as to change definitions and exemptions. Referred to Committee on Health and Human Services. Senator Garner of the 30th moved that the Senate do now adjourn until 9:15 o'clock A.M. tomorrow and the motion prevailed. At 3:12 o'clock P.M., the President announced the Senate adjourned until 9:15 o'clock A.M. tomorrow. TUESDAY, FEBRUARY 12, 1991 547 Senate Chamber, Atlanta, Georgia Tuesday, February 12, 1991 Nineteenth Legislative Day The Senate met pursuant to adjournment at 9:15 o'clock A.M. today and was called to order by the President. Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House and Senate: HB 289. By Representative Oliver of the 53rd: A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs for protection of children, so as to change the persons who may have access to records regarding child abuse reports and change the condi tions relating to such access. HB 279. By Representatives Dunn of the 73rd, Pinkston of the 100th, Childers of the 15th, Groover of the 99th, Connell of the 87th 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 prohibit certain provisions relating to the utilization and reimbursement of out-of-state mail order pharmacies in group or blanket accident and sickness insurance poli cies or preferred provider arrangements under such policies. SB 34. By Senators Turner of the 8th, Thompson of the 33rd, Broun of the 46th and others: A bill to amend Code Section 7-1-745 of the Official Code of Georgia Annotated, relating to the powers of business development corporations, so as to repeal the requirement that the corporation not approve any loan application unless the applicant has been refused a loan by at least two other financial institutions; to provide for applicability. HB 373. By Representatives Coleman of the 118th, Kilgore of the 42nd and Murphy of the 18th: A bill to amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment of school personnel, so as to provide for a duty-free lunch period for teachers. 548 JOURNAL OF THE SENATE The following bills and resolutions of the Senate were introduced, read the first time and referred to committees: SB 289. By Senator Timmons of the llth: A bill to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, known as the "Georgia Emergency Telephone Number '911' Service Act of 1977," so as to provide for the designation of the public safety answering point within certain counties; to provide for a definition; to provide an effective date. Referred to Committee on Finance and Public Utilities. SB 290. By Senators Coleman of the 1st, Thompson of the 33rd and Hill of the 4th: A bill to amend Code Section 40-5-75 of the Official Code of Georgia Annotated, relating to suspension of drivers' licenses for possession of controlled substances or marijuana, so as to provide for the suspension or revocation of the drivers' licenses of persons convicted of misdemeanor possession of a controlled sub stance or marijuana; to provide for conditions of reinstatement or return of li censes; to provide for related matters; to provide an effective date. Referred to Committee on Special Judiciary. SB 291. By Senators Pollard of the 24th, Kidd of the 25th and Edge of the 28th: A bill to amend Article 4 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to the time, place, and procedure for transacting business in the probate court, so as to provide for office hours for the office of the judge of probate court; to provide exceptions; to change the provisions relating to time for transacting business in the office of the judge of probate court. Referred to Committee on Special Judiciary. SB 292. By Senators Taylor of the 12th, Harris of the 27th and Olmstead of the 26th: A bill to amend Article 2 of Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to preferred provider arrangements, so as to provide for leg islative intent; to remove certain limitations regarding coinsurance percentages in preferred provider arrangements; to allow insurers to limit the number or classes of providers under a preferred provider arrangement; to provide exceptions; to provide for information to be included in subscriber certificates. Referred to Committee on Insurance and Labor. SB 293. By Senators Ramsey of the 54th and Hasty of the 51st: A bill to amend an Act providing for the Magistrate Court of Whitfield County so as to change the position of part-time magistrate to full-time magistrate; to provide for the election of the new full-time magistrate. Referred to Committee on Urban and County Affairs. SB 294. By Senators Thompson of the 33rd, Hasty of the 51st and Clay of the 37th: A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, so as to allow such authorities to own and operate projects in other cities and counties upon the request or approval of the governing body and hospital authority of such other city or county; to provide an effective date. Referred to Committee on Health and Human Services. TUESDAY, FEBRUARY 12, 1991 549 SB 295. By Senators Langford of the 35th and Walker of the 43rd: A bill to amend Article 3 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the power of the Governor to make appointments and fill vacancies, so as to provide for a Judicial Nominating Commission to assist and counsel the Governor on appointments to certain judicial vacancies. Referred to Committee on Special Judiciary. SB 296. By Senator Walker of the 43rd: A bill to amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to provide for a bill of rights for nrefighters; to provide for a short title; to provide for definitions; to specify the rights of firefighters who are under interrogation with respect to matters which may result in disciplinary action, suspension, or dismissal; to specify rights of firefighters with respect to civil actions; to provide that such rights shall be nonexclusive. Referred to Committee on Public Safety. SB 297. By Senator Steinberg of the 42nd: A bill to amend Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions concerning telephone service, so as to make it unlawful for any telephone company or employee or agent thereof to disclose to a third party any personally identifiable long-distance toll records, mobile telephone records, or other information concerning a customer's telephone communications; to provide exceptions. Referred to Committee on Finance and Public Utilities. SB 298. By Senators Garner of the 30th and Move of the 34th: A bill to amend an Act creating the board of commissioners of Douglas County, as amended, so as to change provisions relating to filling of vacancies on the board of commissioners; to provide for application to certain previously filled va cancies; to provide for related matters; to provide an effective date; Referred to Committee on Urban and County Affairs. SB 299. By Senators Garner of the 30th and Albert of the 23rd: A bill to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to change the provisions relating to definitions; to provide for the licensure and regulation of air ambulance services and provide for classes of licenses and requirements for licensure; to provide for penalties. Referred to Committee on Health and Human Services. SB 300. By Senator Shumake of the 39th: A bill to amend the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", as amended, so as to change certain provisions regarding appointment of fact finders, binding interest arbitration, and resolution of wage issue disputes; to provide an effective date. Referred to Committee on Urban and County Affairs. SB 302. By Senator Shumake of the 39th: A bill to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, known as the "Georgia Death Investigation Act," so as to redefine "autopsy" and "limited dissection"; to provide that tissues may be retained for additional studies. Referred to Committee on Special Judiciary. 550 JOURNAL OF THE SENATE SB 303. By Senator Shumake of the 39th: A bill to amend Code Section 15-11-41 of the Official Code of Georgia Annotated, relating to limitations of time on orders of disposition committing a delinquent or unruly child to the Division of Youth Services, so as to provide for additional periodic reviews for cases of children in foster care under the supervision of the Division of Family and Children Services of the Department of Human Resources. Referred to Committee on Youth, Aging and Human Ecology. SB 304. By Senator Shumake of the 39th: A bill to amend Code Section 17-6-54 of the Official Code of Georgia Annotated, relating to compensation of professional bail bondsmen as sureties, so as to make professional bail bondsmen subject to the bail bond issuance fee; to amend Code Section 17-12-13 of the Official Code of Georgia Annotated, relating to financing of local indigent defense programs, so as to provide authority for counties to col lect a bail bond issuance fee payable by professional bondsmen to be allocated for indigent defense. Referred to Committee on Special Judiciary. SB 305. By Senators Deal of the 49th, Robinson of the 16th and Alien of the 2nd: A bill to amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitation of actions, so as to provide for the period of limitation in an action by a parent or other person for injury to a minor child; to provide for joinder with an action on behalf of the minor child. Referred to Committee on Judiciary. SB 306. By Senators Langford of the 35th and Walker of the 43rd: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that in any state or local primary or election the candi date receiving a plurality of the votes cast shall be nominated or elected; to de fine what shall constitute a plurality; to provide that a runoff shall be held only in the case of a tie. Referred to Committee on Judiciary. SR 163. By Senators Dean of the 31st, Deal of the 49th and Garner of the 30th: A resolution amending the Rules of the Senate. Referred to Committee on Rules. SR 166. By Senators Tate of the 38th, Scott of the 36th, Walker of the 22nd and others: A resolution creating the Urban Policy Study Commission. Referred to Committee on Rules. SR 168. By Senators Steinberg of the 42nd, Starr of the 44th, Baldwin of the 29th and others: A resolution urging the Federal Communications Commission to regulate the use of ADAD equipment in connection with long-distance telephone calls. Referred to Committee on Finance and Public Utilities. SR 169. By Senators Langford of the 35th and Walker of the 43rd: A resolution proposing an amendment to the Constitution so as to provide for election of the Secretary of State, Attorney General, State School Superinten dent, Commissioner of Insurance, Commissioner of Agriculture, and Commis- TUESDAY, FEBRUARY 12, 1991 551 sioner of Labor by a plurality of the votes cast; to provide for submission of this amendment for ratification or rejection. Referred to Committee on Judiciary. SR 170. By Senators Langford of the 35th and Walker of the 43rd: A resolution proposing an amendment to the Constitution so as to provide that all superior court judges shall be appointed by the Governor for terms of four years in such manner as provided by general law; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Judiciary. SR 171. By Senators Langford of the 35th and Walker of the 43rd: A resolution proposing an amendment to the Constitution so as to provide that the terms of office of superior court judges may be adjusted so that all such judges will be elected at the same time; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Judiciary. The following bills of the House were read the first time and referred to committees: HB 279. By Representatives Dunn of the 73rd, Pinkston of the 100th, Childers of the 15th 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 prohibit certain provisions relating to the utilization and reimbursement of out-of-state mail order pharmacies in group or blanket accident and sickness insurance poli cies or preferred provider arrangements under such policies. Referred to Committee on Insurance and Labor. HB 289. By Representative Oliver of the 53rd: A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs for protection of children, so as to change the persons who may have access to records regarding child abuse reports and change the condi tions relating to such access. Referred to Committee on Judiciary. HB 373. By Representatives Coleman of the 118th, Kilgore of the 42nd and Murphy of the 18th: A bill to amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment of school personnel, so as to provide for a duty-free lunch period for teachers. Referred to Committee on Education. The following reports of standing committees were read by the Secretary: Mr. President: The Committee on Health and Human Services has had under consideration the follow ing bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 3. Do pass. HB 179. Do pass. HB 4. Do pass. HB 288. Do pass. Respectfully submitted, Senator Olmstead of the 26th District, Chairman 552 JOURNAL OF THE SENATE Mr. President: The Committee on Public Safety has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 191. HB 122. HB 186. Do pass. Do pass. Do pass. HB 422. Do pass. HB 423. Do pass. Respectfully submitted, Senator Bowen of the 13th District, Chairman Mr. President: The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 252. Do pass. SB 257. Do pass. SB 258. Do pass. Respectfully submitted, Senator Harris of the 27th District, Chairman Mr. President: The Committee on Youth, Aging and Human Ecology has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 105. Do pass as amended. SB 182. Do pass by substitute. SB 212. Do pass as amended. Respectfully submitted, Senator Scott of the 36th District, Chairman Mr. President: The Committee on Youth, Aging and Human Ecology has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 123. Do pass. SB 104. Do pass. Respectfully submitted, Senator Scott of the 36th District, Chairman The President called for the morning roll call, and the following Senators answered to their names: Alien Baldwin Bishop Bowen Broun Burton TUESDAY, FEBRUARY 12, 1991 553 Clay Collins Dawkins Deal Dean Echols Edge English Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Thompson Timmons Turner Tysinger Walker of 43rd White Those not answering were Senators: Albert Coleman Egan Foster Shumake Tate Taylor Walker of 22nd Senator Ray of the 19th introduced Terry Weeks of Douglas, Georgia, who presented an original song written by him, "Hometown Heroes", and his rendition of "The Star-Spangled Banner". Senator Broun of the 46th introduced the chaplain of the day, Dr. Jon Appleton, pastor of the First Baptist Church, Athens, Georgia, who offered scripture reading and prayer. The following resolution of the Senate was read and adopted: SR 172. By Senator Phillips of the 9th: A resolution commending and recognizing Dr. Larry Anderson. Senator Phillips of the 9th introduced the doctor of the day, Dr. Larry Anderson, of Lithonia, Georgia. The following resolutions of the Senate were read and adopted: SR 164. By Senator Pollard of the 24th: A resolution commending the staff of the Thomson Work Unit of the Division of Youth Services, Georgia Department of Human Resources. SR 165. By Senator Henson of the 55th: A resolution commending Scott Sink and congratulating him on the occasion of his 30th birthday. SR 167. By Senators Ragan of the 32nd, Clay of the 37th, Newbill of the 56th and Thompson of the 33rd: A resolution commending and recognizing Mrs. Renee Ledford. Senator Turner of the 8th introduced visitors representing the Georgia Recreation and Park Association, as commended by SR 108 adopted previously, and the President, Larry H. Hanson, briefly addressed the Senate. 554 JOURNAL OF THE SENATE The following local, uncontested bills of the Senate, favorably reported by the commit tee as listed on the Senate Local Consent Calendar, were put upon their passage: SENATE LOCAL CONSENT CALENDAR February 12, 1991 NINETEENTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) SB 252 Pollard, 24th Albert, 23rd A bill to amend an Act providing a new charter for the City of Harlem so as to provide for the time of election, taking of office, and terms of office for the mayor and council. SB 257 Starr, 44th Collins, 17th A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, as amended, so as to change the com pensation of the deputy clerk of the Superior Court; to provide for the appli cation of civil service benefits; effective date. SB 258 Starr, 44th Collins, 17th A bill to amend an Act creating the State Court of Clayton County, as amended, so as to change the compensation of the deputy clerk of said court; to provide for the application of civil service benefits; effective date. The report of the committee, which was favorable to the passage of the bill 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: Alien Baldwin Bowen Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Turner Tysinger Walker of 22nd Walker of 43rd White TUESDAY, FEBRUARY 12, 1991 555 Those not voting were Senators: Albert Bishop Broun Foster Langford Moye Shumake Timmons On the passage of all the local bills, the yeas were 48, nays 0. All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed. Senator Pollard of the 24th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing SB 252 as listed on the Senate Local Consent Calendar. SENATE CALENDAR Tuesday, February 12, 1991 NINETEENTH LEGISLATIVE DAY SB 196 Combined Sewer Overflow Operator--submit plan to treat sewage (Substitute) (Nat R--28th) (Pursuant to Senate Rule 143, final passage of the bill was suspended on Febru ary 11, 1991.) SB 190 Health Insurance for Teachers--health care providers (Substitute) (Amend ments) (Gov Op--25th) (Pursuant to Senate Rule 143, final passage of the bill was suspended on Febru ary 11, 1991.) HB 284 Supplemental Appropriations--fiscal year 1990-91 (Substitute) (Approp--47th) HB 84 Labor Department--appropriation relating to Employment Security Administra tion Fund (Approp--47th) SB 202 Gas Pipeline Acquisition--Public Service Commission consider if price reasona ble (F&PU--29th) SB 220 Former Members of General Assembly--personal identification cards (Gov Op--32nd) SB 222 Hearing Aid Dispensers--change provisions on license (Gov Op--25th) SR 122 Raymond G. Davis Medal of Honor Highway--designate (Trans--17th) HB 33 Retirement Bills--certification by state auditor (Ret--44th) HB 34 Public Retirement Taxation--provision on amendment to increase benefits to offset (Ret--44th) HB 35 Public Retirement Taxation--apply to present and future retirees (Ret--44th) HB 40 Employees' Retirement--employer contribution those in military (Ret--44th) HB 43 Employees' Retirement--change provisions on employer contribution amount (Ret--44th) HB 78 Teachers Retirement--provisions for participation in Regents plan (Ret--24th) HB 201 Elections--write-in candidate designate specific office sought (Gov Op--25th) HB 202 Superior Court Chief Deputy Clerk--time period to serve as clerk (Gov Op--25th) HB 204 Municipal Elections--time period for filing notice of candidacy (Gov Op--25th) HB 209 Tax Receiver, Collector, Commissioner--special election to fill vacancy (Gov Op--25th) HB 263 Income Tax--employer credit for providing certain education (F&PU--45th) 556 JOURNAL OF THE SENATE HR 156 Jimmy Lee Campbell Memorial Highway--designate (Trans--31st) SB 100 World Congress Center Authority Board of Governors--add two members (Sub stitute) (Amendment) (ED&T--45th) SB 143 Consent to Medical Treatment--persons authorized (Substitutes) (Amendments) (H&HS--54th) SB 178 Certain Child Testimony--provisions on closed circuit television (YA&HE--33rd) SB 183 State Purchasing--provisions on sealed bids, advertisement (Gov Op--30th) HB 231 Housing Authorities--employ housing authority police (Substitute) (U&CA G--39th) SB 126 Food Standards--change provisions on eggs (Ag--21st) SB 150 Firearms--instantaneous background check, prospective purchaser (Substitute) (Judy--36th) SB 154 Corporations--insurable interest in directors, employees (Judy--47th) SB 157 Speeding--additional points on second conviction (Substitute) (S Judy--24th) SB 210 Child Custody--criteria for determining best interest of child (Amendment) (S Judy--28th) SB 235 Health Facilities, Institutions Subject to Department of Human Re sources--actions for violations (H&HS--26th) SR 113 Soviet Union--urge additional credit guarantees designated for poultry (Ag--50th) HB 117 Workers' Compensation Claim--deemed filed upon receipt (I&L--16th) HB 145 Automobile Insurance--provisions on discount to defensive driver (Amendment) (I&L--56th) HB 167 Official Code of Georgia Annotated--correct errors, omissions (Amendment) (Judy--29th) HB 174 Bovine Diseases, Swine Mycobacteriosis--injunctions (Ag--21st) HB 177 Packaged Agricultural Commodities--weights and measures (Ag--21st) HB 215 Georgia Courts Automation Commission--permanently create (S Judy--24th) HB 256 Certified Public Weighers--repeal surety bond provisions (Ag--21st) HB 274 Environmental Protection Division Director--appointment, removal (Amend ment) (Nat R--20th) HB 291 Workers' Compensation--relating to coverage for certain volunteers (Amend ment) (I&L--24th) HR 110 Georgia River Assessment--urge certain assistance (Nat R--20th) SB 110 Insurance Fraud--felony offense (Amendment) (I&L--45th) Senator Dawkins of the 45th moved that the following resolution of the Senate, having been read the third time on February 1, and placed on the Table, be taken from the Table: SR 70. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A resolution proposing an amendment to the Constitution so as to provide for the establishment of special judicial circuits; to provide for the establishment, jurisdiction, operation, and financing of investigative grand juries, trial juries, courts, and personnel in the special judicial circuits; to provide for procedures and other matters related thereto; to provide for submission of this amendment for ratification or rejection. TUESDAY, FEBRUARY 12, 1991 557 On the motion, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Alien Baldwin Bishop Bowen Broun B^011 XOCooTllleimnsan Dawkins Deal Dean Echols Edge Egan English Garner Gillis Hammill Harris Hasty Henson Hill HTHIouogkgsm. s ^son Kldd Langford Marable Newbill Olmstead Perdue Perry Phillips Ragan of 10th Ragan of 32nd Ramsey Ray Robinson S,,S,ctaortrt Steinberg Tate Thompson Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Albert Foster Moye Pollard Shumake Taylor Timmons On the motion, the yeas were 49, nays 0; the motion prevailed, and SR 70 was taken from the Table and placed at the foot of the Senate Calendar for today. The following general bill of the Senate, having been read the third time on February 11 and final action suspended until today, pursuant to Senate Rule 143, was continued upon its passage: SB 196. By Senators Edge of the 28th, Robinson of the 16th, Dean of the 31st and others: 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 certain persons owning or operating a combined sewer overflow to sub mit to the director of the Environmental Protection Division of the Department of Natural Resources a plan to eliminate or treat sewage overflow; to provide for certain contents of such plan. The substitute to SB 196 offered by Senator Edge of the 28th on February 11, as it appears in the Journal of February 11, 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 by substi tute, 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 Alien Baldwin Bishop Bowen Broun 558 JOURNAL OF THE SENATE Burton Coleman Collins Dawkins Deal Dean Echols Edge EEgnagnlish Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye NOelmwsbtiellad Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Starr Steinberg Tate TM^a, yl,or Thompson Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Clay Foster Garner Scott Shumake Timmons On the passage of the bill, the yeas were 50, 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 on February 11 and final action suspended until today, pursuant to Senate Rule 143, was continued upon its passage: SB 190. 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, so as to change the provisions relating to the establishment of such plans; to provide for the State Personnel Board to estab lish a schedule of fees for hospitals, practitioners of the healing arts, and pharmacists. The second amendment (AM 9 0017) offered by Senator Garner of the 30th, as it ap pears in the Journal of February 11, was automatically reconsidered, pursuant to Senate Rule 143, and put upon its adoption. On the adoption of the second amendment offered by Senator Garner of the 30th, the yeas were 37, nays 5, and the amendment to the substitute to SB 190 offered by the Senate Committee on Governmental Operations was adopted. Senators Dean of the 31st and Kidd of the 25th offered the following amendment: Amend the substitute to SB 190 offered by the Senate Committee on Governmental Operations by striking on page 4, line 17, the word "dentist". On the adoption of the amendment, the yeas were 42, nays 0, and the amendment was adopted. On the adoption of the committee substitute, as amended by the three amendments, as they appear in the Journals of February 11 and today, the yeas were 40, nays 2, and the substitute was adopted as amended. TUESDAY, FEBRUARY 12, 1991 559 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 Bishop Broun Burton Clay Coleman Collins Dawkins Dean Echols Egan English Garner Gillis Harris Henson Hill Hooks Moye Newbill Olmstead Perdue Phillips Pollard Ragan of 10th Ragan of 32nd Ray Robinson Shumake Starr Tate Taylor Thompson Turner Tysinger White Those voting in the negative were Senators: Alien Baldwin Edge Foster Hammill Hasty Huggins Johnson Kidd Langford Marable Ramsey Scott Steinberg Walker of 43rd Those not voting were Senators: Bowen Deal Perry Timmons Walker of 22nd On the passage of the bill, the yeas were 36, nays 15. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Phillips of the 9th introduced Jeffrey L. White who was commended by SR 103, adopted previously, as 1991 Georgia Teacher of the Year, and Mr. White briefly ad dressed the Senate. The following general bills and resolutions of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage: HB 284. By Representatives Murphy of the 18th, Coleman of the 118th, Walker of the 115th and others: A bill to amend an Act providing appropriations for the State Fiscal Year 19901991 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1990-1991. Senate Sponsor: Senator Johnson of the 47th. The Senate Committee on Appropriations offered the following substitute to HB 284: A BILL To be entitled an Act to amend an Act providing appropriations for the State Fiscal Year 1990-1991 known as the "General Appropriations Act", approved April 17, 1990 (Ga. 560 JOURNAL OF THE SENATE L. 1990, p. 2338), so as to change certain appropriations for the State Fiscal Year 1990-1991; to make language and other changes; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing appropriations for the State Fiscal Year 1990-1991, as amended, known as the "General Appropriations Act" approved April 17, 1990 (Ga. L. 1990, p. 2338), is further amended by striking everything following the enacting clause through Section 79, and by substituting in lieu thereof the following: "That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 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, including unappropriated surplus, reserves and a revenue estimate of $7,461,512,616 (includ ing $35,512,616 in the Indigent Trust Fund) for State Fiscal Year 1991. PART I. LEGISLATIVE BRANCH Section 1. Legislative Branch. Budget Unit: Legislative Branch.................................... $22,348,760 Personal Services--Staff ......................................... $11,364,938 Personal Services--Elected Officials ................................ $3,582,551 Regular Operating Expenses....................................... $2,319,587 Travel--Staff ....................................................... $94,500 Travel--Elected Officials .............................................. $3,500 Capital Outlay ...................................................... $--0-- Equipment ........................................................ $157,739 Computer Charges ................................................. $375,500 Real Estate Rentals ................................................. $28,100 Telecommunications ................................................ $670,000 Per Diem, Fees and Contracts--Staff ................................ $203,179 Per Diem, Fees and Contracts--Elected Officials .................... $2,358,166 Photography ........................................................ $63,000 Expense Reimbursement Account.................................. $1,128,000 Total Funds Budgeted .......................................... $22,348,760 State Funds Budgeted ........................................... $22,348,760 Senate Functional Budgets Total Funds State Funds Senate and Research Office $ 4,184,699 $ 4,184,699 Lt. Governor's Office $ 605,309 $ 605,309 Secretary of the Senate's Office $ 1,081,189 $ 1,081,189 Total $ 5,871,197 $ 5,871,197 House Functional Budgets House of Representatives and Research Office Speaker of the House's Office Clerk of the House's Office Total Total Funds $ 8,503,268 $ 443,359 $ 1,084,657 $ 10,031,284 State Funds $ 8,503,268 $ 443,359 $ 1,084,657 $ 10,031,284 TUESDAY, FEBRUARY 12, 1991 561 Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Total Joint Functional Budgets Total Funds $ 2,235,917 $ 2,043,344 $ 847,902 $ 1,319,116 $ 6,446,279 State Funds $ 2,235,917 $ 2,043,344 $ 847,902 $ 1,319,116 $ 6,446,279 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 equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Elec tors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Gov ernment, and the payment and receipt of such allowances shall not be in violation of any law. The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Com mittee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropri ated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations. Section 2. Department of Audits. Budget Unit: Department of Audits ................................ $15,383,946 Operations Budget: Personal Services................................................ $13,070,348 Regular Operating Expenses......................................... $372,246 Travel ............................................................ $747,777 Motor Vehicle Purchases............................................. $--0-- Equipment .......................................................... $9,500 Per Diem, Fees and Contracts ........................................ $32,500 Real Estate Rentals ................................................ $792,014 Computer Charges ................................................. $267,986 Telecommunications ................................................. $91,575 562 JOURNAL OP THE SENATE Total Funds Budgeted ........................................... $15,383,946 State Funds Budgeted ........................................... $15,383,946 PART II. JUDICIAL BRANCH Section 3. Supreme Court. Budget Unit: Supreme Court.................................... $4,554,614 Personal Services........................................... $3,998,929 Operating Expenses ..................................... $1,485,589 Total Funds Budgeted ................................... $5,584,518 State Funds Budgeted ........................................ $4,554,614 Section 4. Court of Appeals. Budget Unit: Court of Appeals ................................. $5,725,146 Personal Services............................................. $4,907,692 Operating Expenses .............................................. $817,454 Total Funds Budgeted ............................................ $5,725,146 State Funds Budgeted ................................... $5,725,146 Section 5. Superior Courts. Budget Unit: Superior Courts .................................... $41,691,999 Operation of the Courts ......................................... $38,230,731 Prosecuting Attorneys' Council ................................... $1,404,885 Sentence Review Panel ........................................... $156,522 Council of Superior Court Judges .................................................... $127,398 Judicial Administrative Districts....................................................... $1,772,463 Habeas Corpus Clerk ................................................ $--0-- Total Funds Budgeted ......................................... $41,691,999 State Funds Budgeted .......................................... $41,691,999 Section 6. Juvenile Courts. Budget Unit: Juvenile Courts ......................................... $835,357 Section 7. Institute of Continuing Judicial Education. Budget Unit: Institute of Continuing Judicial Education.......................................... $585,170 Institute's Operations.............................................. $444,890 Georgia Magistrate Courts Training Council .............................................. $133,030 Municipal Court Judges Training Council ............................................... $7,250 Total Funds Budgeted ......................................... $585,170 State Funds Budgeted ...................................... $585,170 Section 8. Judicial Council. Budget Unit: Judicial Council....................................... $1,974,057 Council Operations .............................................. $902,338 Payments to Judicial Administrative Districts for Case Counting ................................................. $76,500 Board of Court Reporting ........................................... $36,097 Payment to Council of Magistrate Court Judges ................................................ $26,000 Payment to Council of Probate Court Judges .............................................. $20,000 TUESDAY, FEBRUARY 12, 1991 563 Payment to Council of State Court Judges .................................................. $12,000 Payment to Resource Center ........................................ $240,000 Payment to Computerized Information Network ..'...'........................................ $661,122 Total Funds Budgeted ............................................ $1,974,057 State Funds Budgeted ............................................ $1,974,057 Section 9. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications Commission ..................................................... $124,767 Section 10. Indigent Defense Council. Budget Unit: Indigent Defense Council ........................................................ $997,825 PART III. EXECUTIVE BRANCH Section 11. Department of Administrative Services. A. Budget Unit: Department of Administrative Services......................................... $38,727,739 Administration and Services Budget: Personal Services................................................ $49,616,475 Regular Operating Expenses...................................... $10,994,340 Travel ............................................................ $323,550 Motor Vehicle Purchases............................................ $434,500 Equipment ...................................................... $2,098,708 Computer Charges ............................................... $8,541,664 Real Estate Rentals .............................................. $3,704,822 Telecommunications .............................................. $1,297,980 Per Diem, Fees and Contracts ....................................... $459,800 Rents and Maintenance Expense ................................. $12,918,050 Utilities ............................................................ $37,900 Payments to DOAS Fiscal Administration ................................................. $2,000,000 Capital Outlay ............................................. $362,000 Direct Payments to Georgia Building Authority for Operations..................................................... $2,267,412 Telephone Billings .............................................. $38,345,900 Materials for Resale ............................................. $14,600,000 Public Safety Officers Indemnity Fund ................................................. $304,400 Health Planning Review Board Operations........................................................ $37,600 Georgia Golf Hall of Fame Operations........................................................ $23,500 Authorities Liability Reserve Fund ..................................................... $--0-- Grants to Counties ............................................... $1,300,000 Grants to Municipalities .......................................... $2,100,000 Total Funds Budgeted .......................................... $151,768,601 State Funds Budgeted ........................................... $38,727,739 564 JOURNAL OF THE SENATE Department of Administrative Services Functional Budgets State Properties Commission Departmental Administration Treasury and Fiscal Administration Central Supply Administration Procurement Administration General Services Administration Space Management Administration Data Processing Services Motor Vehicle Services Communication Services Printing Services Surplus Property Services Mail and Courier Services Risk Management Services Total Total Funds $ 424,012 4,792,281 $ 12,898,839 14,455,832 3,024,841 912,683 562,815 49,357,384 4,099,033 49,496,178 6,938,867 1,716,067 1,012,865 2,076,904 151,768,601 State Funds $ 424,012 4,761,080 $ 10,898,839 $ --0-- $ 3,024,841 $ --0-- $ 562,815 $ 13,206,152 $ $ 5,850,000 $ --0-- $ --0-- $ --0-- $ --0-- $ 38,727,739 B. Budget Unit: Georgia Building Authority ................................................ Georgia Building Authority Budget: Personal Services......................................... Regular Operating Expenses............................... Travel .................................................. Motor Vehicle Purchases.................................. Equipment .............................................. Computer Charges ....................................... Real Estate Rentals ...................................... Telecommunications ...................................... Per Diem, Fees and Contracts ............................. Capital Outlay ........................................... Utilities ................................................. Contractual Expense ..................................... Fuel .................................................... Facilities Renovations and Repairs ........................................... Total Funds Budgeted .................................... State Funds Budgeted .................................... . . . . . $--0-- . $20,842,102 $5,091,403 . . . . . $26,794 . . . . $244,000 . . . . $167,706 . . . . . $52,434 . . . . . $17,357 . . . . $120,456 . . . . $146,000 . $3,235,000 . . $7,966,638 . . . . $230,422 . . . . . $--0-- . . . . . $--0-- . $38,140,312 . .... $--0-- Georgia Building Authority Functional Budgets Grounds Custodial Maintenance Security Van Pool Total Funds $ 2,018,096 $ 5,249,281 $ 4,935,623 $ 5,402,724 $ 363,301 State Funds --0-- --0-- --0-- --0-- --0-- TUESDAY, FEBRUARY 12, 1991 565 Sales Administration Railroad Excursions Facility Renovations Total $ 5,408,063 $ $ 13,640,758 $ $ 1,122,466 $ $ --0-- $ $ 38,140,312 $ Section 12. Agency for the Removal of Hazardous Materials. Budget Unit: Agency for the Removal of Hazardous Materials ............................................. $114,954 Operations Budget: Personal Services................................................. $3,483,138 Regular Operating Expenses....................................... $2,829,996 Travel ............................................................ $460,800 Motor Vehicle Purchases............................................ $155,245 Equipment ........................................................ $199,200 Computer Charges ................................................... $1,000 Real Estate Rental .................................................. $--0-- Telecommunications ................................................. $20,000 Per Diem, Fees and Contracts ....................................... $500,000 Capital Outlay ...................................................... $--0-- Utilities ............................................................ $--0-- Total Funds Budgeted ............................................ $7,649,379 State Funds Budgeted .............................................. $114,954 Section 13. Department of Agriculture. A. Budget Unit: Department of Agriculture .................................................... $34,753,046 State Operations Budget: Personal Services................................................ $30,632,048 Regular Operating Expenses....................................... $3,530,183 Travel ............................................................ $930,524 Motor Vehicle Purchases............................................ $521,608 Equipment ......................................................... $90,500 Computer Charges ................................................. $370,676 Real Estate Rentals ................................................ $731,153 Telecommunications ................................................ $395,000 Per Diem, Fees and Contracts ....................................... $238,461 Market Bulletin Postage ............................................ $700,000 Payments to Athens and Tifton Veterinary Laboratories ......................................... $2,347,886 Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, and Statesboro ..................................................... $2,004,106 Veterinary Fees .................................................... $412,000 Indemnities......................................................... $84,000 Bee Indemnities..................................................... $40,000 Advertising Contract ............................................... $193,000 Payments to Georgia Agrirama Development Authority for Operations....................................................... $560,790 Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets ........................................ $350,000 Capital Outlay ...................................................... $--0-- 566 JOURNAL OF THE SENATE Contract--Federation of Southern Cooperatives . Tick Control Program ... Poultry Indemnities ..... Total Funds Budgeted ... State Funds Budgeted ... Department of Agriculture Functional Budgets Total Funds Plant Industry $ 5,133,261 Animal Industry $ 6,818,568 Marketing $ 1,958,105 General Field Forces $ 3,740,117 Internal Administration Information and Education $ 4,458,618 1,476,915 Fuel and Measures 3,039,674 Consumer Protection Field Forces 6,392,002 Meat Inspection 4,302,613 Major Markets 4,335,275 Seed Technology 417,045 Entomology and Pesticides 2,156,142 Total $ 44,228,335 .... $56,400 .... $40,000 .... $--0-- $44,228,335 $34,753,046 State Funds 4,784,261 6,509,568 1,913,301 3,740,117 4,390,821 1,476,915 3,024,087 4,690,642 1,626,822 715,325 1,881,187 34,753,046 B. Budget Unit: Georgia Agrirama Development Authority .............................................. $--0-- Georgia Agrirama Development Authority Budget: Personal Services................................................... $670,499 Regular Operating Expenses......................................... $164,436 Travel .............................................................. $5,450 Motor Vehicle Purchases............................................. $--0-- Equipment .......................................................... $5,494 Computer Charges .................................................. $--0-- Real Estate Rentals ................................................. $--0-- Telecommunications .................................................. $7,933 Per Diem, Fees and Contracts ........................................ $36,167 Capital Outlay ..................................................... $203,300 Goods for Resale .................................................... $95,000 Total Funds Budgeted ............................................ $1,188,279 State Funds Budgeted ............................................... $--0-- Section 14. Department of Banking and Finance. Budget Unit: Department of Banking and Finance .................................................. $6,881,120 Administration and Examination Budget: Personal Services. ................................................ $5,708,099 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 TUESDAY, FEBRUARY 12, 1991 567 Telecommunications ................................................. $53,000 Per Diem, Fees and Contracts ......................................... $2,000 Total Funds Budgeted ............................................ $6,881,120 State Funds Budgeted ............................................ $6,881,120 Section 15. Department of Community Affairs. Budget Unit: Department of Community Affairs ....................................... State Operations Budget: Personal Services............................................ Regular Operating Expenses.................................. Travel ..................................................... Motor Vehicle Purchases..................................... Equipment ................................................. Computer Charges .......................................... Real Estate Rentals ......................................... Telecommunications ......................................... Per Diem, Fees and Contracts ................................ Capital Felony Expenses ..................................... Contracts with Regional Development Commissions ................................. Local Assistance Grants ..................................... Appalachian Regional Commission Assessment ............................................... Community Development Block Grants (Federal) .......................................... Music Hall of Fame ......................................... Local Development Fund .................................... Payment to Georgia Residential Finance Authority ......................................... Payment to Georgia Environmental Facilities Authority for .................................... Total Funds Budgeted ....................................... State Funds Budgeted ....................................... Department of Community Affairs Functional Budgets Total Funds Executive and Administrative 932,789 Technical Assistance 1,432,992 Financial Assistance 42,424,168 Rural Development 1,150,623 Coordinated Planning 1,578,825 Total 47,519,397 $15,038,246 . $5,749,527 . . $281,022 . . $170,207 .... $--0-- $20,560 . $123,509 . . $482,916 . $55,783 . . . $142,000 .... $--0-- . $2,467,500 . $1,371,520 . . . $110,959 $30,000,000 .... $47,000 $1,050,000 $5,000,000 . . $446,894 $47,519,397 $15,038,246 State Funds 905,289 1,253,973 10,324,249 1,110,623 1,444,112 15,038,246 Section 16. Department of Corrections. A. Budget Unit: Administration, Institutions and Probation ................................................ $439,092,991 Personal Services............................................... $317,996,590 Regular Operating Expenses...................................... $40,081,330 Travel .......................................................... $1,782,416 Motor Vehicle Purchases.......................................... $4,009,000 Equipment ...................................................... $4,645,861 Computer Charges ............................................... $2,866,969 Real Estate Rentals .............................................. $4,518,421 Telecommunications .............................................. $3,727,604 568 JOURNAL OF THE SENATE Per Diem, Fees and Contracts ..................................... $2,366,202 Capital Outlay .................................................... $105,000 Utilities ........................................................ $11,550,000 Court Costs. ....................................................... $433,101 County Subsidy ................................................. $12,775,000 County Subsidy for Jails .......................................... $8,700,000 County Workcamp Construction Grants ........................................................... $--0-- Grants for Local Jails ............................................... $--0-- Central Repair Fund ............................................... $783,750 Payments to Central State Hospital for Meals ............................................. $3,802,000 Payments to Central State Hospital for Utilities ........................................... $1,126,000 Payments to Public Safety for Meals........................................................ $438,000 Inmate Release Fund ............................................. $1,513,011 Health Services Purchases ....................................... $20,902,736 Payments to MAG for Health Care Certification ................................................ $50,000 University of Georgia-- Cooperative Extension Service Contracts ................................................ $325,000 Minor Construction Fund ......................................... $2,000,000 Authority Lease Rentals ............................................ $100,000 Total Funds Budgeted .......................................... $446,597,991 Indirect DOAS Funding ............................................ $450,000 Georgia Correctional Industries ....................................... $--0-- State Funds Budgeted .......................................... $439,092,991 Departmental Functional Budgets Administration Institutions and Support Probation Total Total Funds $ 53,850,255 $ 315,116,391 $ 77,631,345 $ 446,597,991 State Funds $ 53,352,255 $ 314,769,391 $ 70,971,345 $ 439,092,991 B. Budget Unit: Board of Pardons and Paroles ......................................................... $35,161,735 Board of Pardons and Paroles Budget: Personal Services................................................ $28,225,888 Regular Operating Expenses....................................... $1,157,777 Travel ............................................................ $819,034 Motor Vehicle Purchases............................................ $316,500 Equipment ........................................................ $200,678 Computer Charges ................................................. $444,000 Real Estate Rentals .............................................. $2,151,754 Telecommunications .............................................. $1,031,321 Per Diem, Fees and Contracts ....................................... $627,951 County Jail Subsidy ................................................ $608,000 Health Services Purchases ............................................ $5,000 Total Funds Budgeted ........................................... $35,587,903 State Funds Budgeted ........................................... $35,161,735 Section 17. Department of Defense. Budget Unit: Department of Defense ................................ $8,215,804 TUESDAY, FEBRUARY 12, 1991 569 Operations Budget: Personal Services................................................. $8,398,906 Regular Operating Expenses....................................... $4,383,508 Travel ............................................................. $73,382 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $41,300 Computer Charges .................................................. $23,125 Real Estate Rentals .................................................. $6,260 Telecommunications ................................................ $144,673 Per Diem, Fees and Contracts ....................................... $212,535 Grants to Locals--Emergency Management Assistance......................................... $1,044,200 Grants--Others ..................................................... $51,000 Civil Air Patrol Contract............................................. $38,304 Capital Outlay ....................................................... $5,720 Repairs and Renovations............................................. $20,900 Disaster Relief Payments ........................................ $12,000,000 Total Funds Budgeted ........................................... $26,443,813 State Funds Budgeted ............................................ $8,215,804 Department of Defense Functional Budgets Total Funds State Funds Office of the Adjutant General $ 1,359,745 $ 1,275,434 Georgia Emergency Management Agency $ 15,343,990 $ 4,029,928 Georgia Air National Guard $ 3,483,868 $ 561,298 Georgia Army National Guard $ 6,256,210 $ 2,349,144 Total $ 26,443,813 $ 8,215,804 Section 18. State Board of EducationDepartment of Education. Budget Unit: Department of Education ................................................. $2,845,573,237 Operations: Personal Services................................................ $43,137,970 Regular Operating Expenses....................................... $4,453,027 Travel .......................................................... $1,576,768 Motor Vehicle Purchases............................................. $--0-- Equipment ........................................................ $463,430 Computer Charges ............................................... $4,520,476 Real Estate Rentals .............................................. $2,303,503 Telecommunications .............................................. $1,546,190 Per Diem, Fees and Contracts .................................... $16,862,404 Utilities ........................................................... $710,604 Capital Outlay ...................................................... $--0-- QBE Formula Grants: Kindergarten/Grades 1--3 ...................................... $709,643,957 Grades 4--8 ................................................... $569,167,468 Grades 9--12 .................................................. $262,559,186 High School Laboratories ........................................ $79,999,286 Vocational Education Laboratories ........................................... $87,709,279 Special Education .............................................. $201,399,631 Gifted.......................................................... $26,831,040 570 JOURNAL OF THE SENATE Remedial Education ............................................. $50,972,410 Staff Development and Professional Development...................................... $22,006,549 Media.......................................................... $76,796,053 Indirect Cost .................................................. $659,154,549 Pupil Transportation ........................................... $115,874,933 Mid-Term Adjustment........................................... $51,331,911 Local Fair Share .............................................. $(517,913,074) Other Categorical Grants: Equalization Formula........................................... $143,513,105 Sparsity Grants .................................................. $3,517,069 In School Suspension ............................................ $14,163,785 Special Instructional Assistance................................... $23,097,718 Middle School Incentive ......................................... $33,204,570 Special Education Low- Incidence Grants ................................................. $200,000 Non-QBE Grants: Education of Children of LowIncome Families ............................................. $144,506,506 Retirement (H.B. 272 and H.B. 1321) ....................................... $3,000,000 Instructional Services for the Handicapped .............................................. $27,451,566 Removal of Architectural Barriers .......................................................... $--0-- Tuition for the Multi-Handicapped............................................. $2,300,000 Severely Emotionally Disturbed .................................. $36,736,058 School Lunch (Federal) ......................................... $113,396,789 School Lunch (State) ............................................ $24,601,553 Supervision and Assessment of Students and Beginning Teachers and PerformanceBased Certification ............................................. $5,057,263 Regional Education Service Agencies ............................................... $6,786,750 Georgia Learning Resources System ........................................................ $4,514,231 High School Program ............................................ $17,283,398 Special Education in State Institutions .............................................. $3,560,399 Governor's Scholarships............................................. $940,743 Special Projects .................................................... $738,305 Job Training Partnership Act ..................................... $3,084,680 Vocational Research and Curriculum ...................................................... $266,540 Salaries and Travel of Public Librarians.............................................. $10,122,041 Public Library Materials .......................................... $4,267,290 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 Chapter II--Block Grant Flow Through ................................................ $10,026,258 TUESDAY, FEBRUARY 12, 1991 571 Payment of Federal Funds to Board of Technical and Adult Education .................................................... $14,101,678 Innovative Programs.............................................. $1,703,089 Technology Grants ................................................. $150,000 Limited English--Speaking Students Program .............................................. $4,237,867 Drug Free School (Federal) ....................................... $9,016,723 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) ........................................................ $216,000 QBE Weights Adjustment............................................ $--0-- Health Insurance--Non-Cert. Personnel and Retired Teachers ................................ $59,583,875 Pre-School Handicapped Program ................................. $1,360,000 Mentor Teachers .................................................... $--0-- Middle School Counselors ......................................... $3,749,706 Total Funds Budgeted ......................................... $3,223,508,186 Indirect DOAS Services Funding ..................................... $--0-- State Funds Budgeted ......................................... $2,845,573,237 Education Functional Budgets Total Funds State Funds State Administration $ 9,669,691 $ 9,054,450 Instructional Programs $ 18,155,009 $ 8,744,905 Governor's Honors Program $ 1,161,464 $ 1,084,168 Administrative Services $ 11,032,953 $ 7,030,070 Evaluation and Personnel Development $ 13,609,834 $ 13,153,026 Special Services $ 4,321,481 $ 2,899,761 Professional Standards Commission $ 347,442 $ 347,442 Professional Practices Commission $ 613,720 $ 613,720 Local Programs Georgia Academy for the Blind $ 3,147,933,814 $ 4,522,688 $ 2,787,106,840 $ 4,264,326 Georgia School for the Deaf Atlanta Area School for the Deaf $ 7,123,028 $ 6,817,518 $ 5,017,062 $ 4,457,011 Total $ 3,223,508,186 $ 2,845,573,237 Section 19. Employees' Retirement System. Budget Unit: Employees' Retirement System ............................ Employees' Retirement System Budget: Personal Services. ..................... Regular Operating Expenses............ Travel ............................... $--0-- $1,367,057 . $225,050 $14,000 572 JOURNAL OF THE SENATE Motor Vehicle Purchases. .... Equipment ..................... Computer Charges ......... Real Estate Rentals ...... Telecommunications ............. Per Diem, Fees and Contracts Benefits to Retirees ............. Employer Contribution ..'........ Total Funds Budgeted........... State Funds Budgeted ........... Section 20. Forestry Commission. Budget Unit: Forestry Commission State Operations Budget: Personal Services................ Regular Operating Expenses...... Travel ......................... Motor Vehicle Purchases......... Equipment ..................... Computer Charges ... Real Estate Rentals ............. Telecommunications ............. Per Diem, Fees and Contracts Contractual Research ............ Payments to the University of Georgia, School of Forestry for Forest Research ........... Ware County Grant for Southern Forest World ................. Ware County Grant for Road Maintenance .................. Wood Energy Program Capital Outlay .................. Total Funds Budgeted ........... State Funds Budgeted ........... Forestry Commission Functional Budgets Total Funds Reforestation $ 4,014,725 Field Services Wood Energy $ 33,166,698 $ --0-- General Administration and Support 2,499,682 Total 39,681,105 Section 21. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation ........................ Operations Budget: Personal Services. ...................... Regular Operating Expenses............. Travel ................................ Motor Vehicle Purchases................ Equipment ............................ Computer Charges ..................... Real Estate Rentals .................... . . . $--0-- . . $7,000 . $290,000 . $191,000 $35,000 $836,250 . . . $--0-- . . . $--0-- $2,965,357 . . . $--0-- $34,601,412 $29,487,431 $6,000,889 . . . $174,520 . . . $618,778 . $1,389,191 . . . . $96,083 .... $40,224 . . $995,304 . . . $554,485 . . . $236,000 ..... $--0-- $28,200 . . . . . $60,000 .... $--0-- . . . . . $--0-- . $39,681,105 . $34,601,412 State Funds 1,368,725 30,733,005 --0-- 2,499,682 34,601,412 $36,560,086 $26,746,741 . $2,295,807 . . $491,361 . $1,306,418 . . . $520,737 . . $601,906 $1,841,500 TUESDAY, FEBRUARY 12, 1991 573 Telecommunications .............................................. $1,871,456 Per Diem, Fees and Contracts ....................................... $457,286 Evidence Purchased ................................................ $420,000 Capital Outlay ....................................................... $6,874 Total Funds Budgeted ........................................... $36,560,086 Total State Funds Budgeted ..................................... $36,560,086 Georgia Bureau of Investigation Functional Budgets Total Funds State Funds Administration $ 3,098,042 $ 3,098,042 Drug Enforcement $ 8,453,294 $ 8,453,294 Investigative $ 11,479,148 $ 11,479,148 Georgia Crime Information Center $ 6,613,984 $ 6,613,984 Forensic Sciences $ 6,915,618 $ 6,915,618 Total $ 36,560,086 $ 36,560,086 Section 22. Office of the Governor. Budget Unit: Office of the Governor ................................ $20,084,772 Personal Services................................................. $9,630,259 Regular Operating Expenses......................................... $494,830 Travel ............................................................ $182,329 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $67,666 Computer Charges ................................................. $252,113 Real Estate Rentals ................................................ $805,769 Telecommunications ................................................ $177,246 Per Diem, Fees and Contracts .................................... $33,094,341 Cost of Operations ............................................... $2,831,820 Mansion Allowance .................................................. $40,000 Governor's Emergency Fund ...................................... $3,050,000 Intern Stipends and Travel ......................................... $152,280 Art Grants of State Funds ........................................ $2,825,201 Art Grants of Non-State Funds. ..................................... $325,910 Humanities Grant--State Funds ...................................... $47,500 Art Acquisitions--State Funds ....................................... $--0-- Children's Trust Fund Grants ........................................ $--0-- Children and Youth Grants .......................................... $95,000 Juvenile Justice Grants ........................................... $1,349,936 Payments to Hazardous Waste Management Authority ........................................... $232,000 Transition Fund .................................................... $50,000 Total Funds Budgeted ........................................... $55,704,200 State Funds Budgeted ........................................... $20,084,772 Office of the Governor Functional Budgets Total Funds State Funds Governor's Office $ 6,124,100 $ 6,124,100 Office of Fair Employment Practices $ 883,411 $ 803,411 Office of Planning and Budget $ 4,931,867 $ 4,931,867 Council for the Arts $ 3,856,216 $ 3,337,216 574 JOURNAL OF THE SENATE 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 Human Relations Commission Governor's Commission on Drug Awareness and Prevention Total 2,308,467 33,243,116 334,428 629,521 736,182 1,609,187 361,009 160,818 $ 525,878 $ 55,704,200 2,308,467 364,872 134,428 629,521 466,876 462,187 361,009 160,818 --0-- 20,084,772 Section 23. Department of Human Resources. A. Budget Unit: Departmental Operations ................................................... $522,101,469 1. General Administration and Support Budget: Personal Services................................................ $65,900,504 Regular Operating Expenses....................................... $3,914,531 Travel .................................'......................... $1,738,450 Motor Vehicle Purchases............................................ $820,148 Equipment ........................................................ $204,802 Computer Charges ............................................... $3,028,748 Real Estate Rentals .............................................. $5,857,333 Telecommunications .............................................. $1,377,453 Per Diem, Fees and Contracts ..................................... $3,372,975 Utilities ........................................................... $390,975 Postage ......................................................... $1,527,830 Capital Outlay ...................................................... $--0-- Institutional Repairs and Maintenance ..................................................... $173,473 Payments to DMA-- Community Care .............................................. $11,155,762 Service Benefits for Children ..................................... $13,382,850 Special Purpose Contracts .......................................... $336,340 Purchase of Service Contracts .................................... $36,282,510 Total Funds Budgeted .......................................... $149,464,684 Indirect DOAS Services Funding .................................... $638,300 State Funds Budgeted ........................................... $68,236,548 General Administration and Support Functional Budgets Total Funds State Funds Commissioner's Office $ 791,474 $ 791,474 Administrative Appeals $ 1,828,000 $ 1,828,000 Administrative Policy, Coordination, and Direction $ 351,575 $ 351,575 Personnel $ 1,833,384 $ 1,833,384 TUESDAY, FEBRUARY 12, 1991 575 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 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 ..................... Crippled Children Clinics ..... Grants for Regional Intensive Infant Care ....... Grants for Regional Maternal and Infant Care ... Crippled Children Benefits ... Kidney Disease Benefits ..... Cancer Control Benefits ...... 5,204,280 599,336 781,822 1,727,314 5,440,886 2,098,455 618,025 13,382,850 554,530 8,904,284 (7,200,934) $ 3,693,947 $ 599,336 $ 781,822 $ 1,727,314 $ 5,240,886 $ 2,098,455 $ 618,025 $ 12,795,132 $ 154,569 $ 865,033 2,675,359 841,457 6,089,773 331,210 6,192,980 31,719,254 13,255,033 41,875,975 1,502,395 149,464,684 $ 855,033 $ 2,675,359 $ 498,090 $ 1,423,896 $ 248,710 $ 393,123 $ 4,826,120 $ 12,327,388 $ 18,226,449 $ 1,449,395 $ 68,236,548 $51,876,772 $59,608,981 $1,186,683 .... $--0-- . . $115,937 . . . $579,634 . $1,104,808 . $716,884 $3,466,125 .... $--0-- $113,030 $640,000 $--0-- $2,055,000 $7,600,000 . $381,572 $2,837,470 576 JOURNAL OF THE SENATE Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants ................. $2,358,000 Family Planning Benefits Grant-In-Aid to Counties ................................... ... $70,444,214 Purchase of Service Cointracts ............................... . . . . . $12,786,513 Special Purpose Contraicts .................................. . $6,225,350 Total Funds Budgeted . $224,612,555 Indirect DOAS Services Funding ............................ ........ $549,718 State Funds Budgeted .... $128,217,720 blic Health Functional Budgets Total Funds State Funds Director's Office $ 859,231 $ 662,006 Employees' Health $ 310,643 $ 245,643 Health Program Management $ 1,322,157 $ 1,237,157 Vital Records $ 1,900,061 $ 1,727,410 Health Services Research $ 1,039,432 $ 816,614 Primary Health Care $ 1,049,159 $ 972,359 Stroke and Heart Attack Prevention $ 1,989,672 $ 1,459,672 Epidemiology $ 1,194,433 $ 848,651 Immunization $ 688,337 $ -0- Sexually Transmitted Diseases $ 1,928,951 $ 302,153 Community Tuberculosis Center Family Health Management $ 1,825,599 $ $ 12,666,644 $ 1,527,654 6,573,819 Infant and Child Health $ 5,640,687 $ 4,406,272 Maternal Health--Perinatal Family Planning $ 3,213,190 $ $ 10,305,829 $ 672,318 6,272,589 Malnutrition Dental Health $ 60,865,998 $ $ 1,747,521 $ -- 0-- 1,537,346 Children's Medical Services $ 12,367,435 $ 10,124,465 Chronic Disease $ 1,330,953 $ 1,330,953 Diabetes $ 687,672 $ 687,672 Cancer Control $ 4,015,479 $ 3,899,621 Environmental Health Laboratory Services $ 1,338,630 $ 924,858 $ 5,526,895 $ 5,338,168 Emergency Health District Health Administration $ 2,997,850 $ 1,937,350 $ 10,760,881 $ 10,631,206 Newborn Follow-Up Care Sickle Cell, Vision and Hearing $ 979,310 $ 780,959 $ 3,557,229 $ 3,051,669 High-Risk Pregnant Women and Infants $ 4,477,587 $ 4,477,587 TUESDAY, FEBRUARY 12, 1991 577 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 Postage ....................... Institutional Repairs and Maintenance............. Case Services .................. E.S.R.P. Case Services Special Purpose Contracts Purchase of Services Contracts Total Funds Budgeted Indirect DOAS Services Funding State Funds Budgeted 57,880,701 492,974 3,208,364 6,443,051 224,612,555 Rehabilitation Services Functional Budgets Total Funds Program Direction and Support Grants Management State Rehabilitation Facilities Roosevelt Warm Springs Institute Georgia Factory for the Blind Disability Adjudication Production Workshop District Field Services Independent Living Sheltered Employment Community Facilities Bobby Dodd Workshop Total 4. Family and Children Services Budget: Personal Services Regular Operating Expenses $ 4,065,719 $ 1,024,272 $ 7,628,634 $ 19,958,172 $ 13,276,467 $ 25,152,124 $ 817,995 $ 37,011,593 $ 549,622 $ 1,646,158 $ 6,137,165 $ 429,685 $ 117,697,606 $ 50,869,452 $ 409,842 $ 1,244,236 $ 3,248,019 $ 128,217,720 . . . . $68,633,962 . . . . $10,105,001 ..... $799,782 ....... $115,275 ....... $474,681 . . . . . $2,025,090 . . . . . $3,272,696 . . . . . $1,434,453 . . , . . $4,575,550 ....... $977,500 ........ $--0-- ....... $429,550 ....... $330,660 . . . . $16,292,650 ....... $27,000 ....... $929,640 . . . . . $7,274,116 . . . $117,697,606 ....... $100,000 . . . . $24,876,608 State Funds $ 1,247,032 $ 868,847 $ 1,301,761 $ 5,320,902 $ 769,159 $ -- 0-- $ --0-- $ 7,678,215 $ 344,622 $ 779,220 $ 6,137,165 $ 429,685 $ 24,876,608 ..... $14,740,527 ...... $1,517,281 578 JOURNAL OF THE SENATE Travel ........................ Motor Vehicle Purchases........ Equipment .................... Computer Charges ............. Real Estate Rentals ............ Telecommunications ............ Per Diem, Fees and Contracts . . . Utilities ....................... Postage ....................... Cash Benefits .................. Grants to County DFACS-- Operations................... Service Benefits for Children .... Special Purpose Contracts ...... Purchase of Service Contracts . . . Children's Trust Fund .......... Total Funds Budgeted .......... Indirect DOAS Services Funding State Funds Budgeted .......... Family and Children Services Functional Budgets Total Funds Refugee Benefits $ 1,398,919 AFDC Payments $ 354,526,410 SSI--Supplemental Benefits $ 100 Energy Benefits $ 10,051,000 County DFACS OperationsSocial Services $ 65,118,020 County DFACS OperationsEligibility $ 99,300,599 County DFACS OperationsJoint and Administration $ 47,942,446 County DFACS Operations-- Homemakers Services $ 7,292,940 Food Stamp Issuance $ 2,512,000 Director's Office $ 826,383 Administrative Support $ 4,640,828 Regional Administration $ 4,012,183 Public Assistance $ 4,843,975 Management Information Systems Social Services Indirect Cost $ 18,657,187 $ 2,839,327 $ --0-- Employability Benefits Legal Services Family Foster Care Institutional Foster Care Specialized Foster Care $ 2,971,311 $ 1,976,046 $ 26,346,790 $ 3,477,626 $ 1,374,279 . $409,604 ..... $--0-- . . . .. $56,117 . $15,781,856 . . . . $242,803 . . $1,296,064 . . $5,729,970 ..... $9,373 . . $1,701,359 $365,122,429 $223,081,143 . $62,024,137 .. $3,572,934 .. $2,247,160 $1,179,130 $698,711,887 . . $2,339,882 $300,770,593 State Funds $ --0-- $ 136,438,948 $ 100 $ --0-- $ $ $ $ $ $ 826,383 $ 3,781,535 $ 4,012,183 $ 2,326,336 $ 7,603,587 $ 2,839,327 $ (7,047,304) $ 1,465,696 $ 1,976,046 $ 18,768,142 $ 3,006,000 $ 1,179,601 TUESDAY, FEBRUARY 12, 1991 Adoption Supplement Day Care Home Management--Contracts Outreach--Contracts Special Projects Program Support County DFACS Operations-- Employability Program Children's Trust Fund Commission 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....................... Special Purpose Contracts Purchase of Service Contracts ............. Children's Trust Fund ............... . . . . B. Budget Unit: Community Mental Health Mental Retardation Youth Services and Institutions ....................... 4,613,880 23,747,656 145,000 736,032 1,319,763 3,306,919 3,427,138 1,307,130 698,711,887 579 3,373,991 16,415,983 145,000 736,032 1,297,308 3,150,292 1,302,237 1,307,130 300,770,593 $201,151,765 . $75,145,794 . . $4,134,519 .... $935,423 .... $851,537 $21,415,328 . $10,477,640 .. $4,824,854 $17,144,620 . . $1,377,848 . $3,771,769 ... $--0-- ..... $--0-- .. $2,055,000 . $7,600,000 . . $640,000 . . . $381,572 . . $2,837,470 . . $2,358,000 ... $515,582 . $70,444,214 . $11,155,762 . $75,406,987 $16,292,650 ..... $27,000 $365,122,429 $223,081,143 .... $504,133 $11,064,264 . $58,590,299 . . $1,179,130 . . $509,710,830 580 JOURNAL OF THE SENATE Departmental Operations: Personal Services............................................... $403,628,273 Regular Operating Expenses...................................... $37,739,661 Travel .......................................................... $1,147,608 Motor Vehicle Purchases............................................ $221,435 Equipment ...................................................... $1,963,998 Computer Charges ............................................... $4,688,467 Real Estate Rentals .............................................. $1,206,036 Telecommunications .............................................. $3,126,589 Per Diem, Fees and Contracts ..................................... $7,215,453 Utilities ........................................................ $13,758,341 Capital Outlay ...................................................... $--0-- Authority Lease Rentals ............................................ $770,000 Institutional Repairs and Maintenance ................................................... $1,696,143 Grants to County-Owned Detention Centers .............................................. $2,623,270 Substance Abuse Community Services ........................................... $45,230,162 Mental Retardation Community Services ........................................... $91,589,960 Mental Health Community Services ........................................... $18,665,451 Community Mental Health Center Services ............................................... $61,372,230 Special Purpose Contract ......................................... $1,515,144 Service Benefits for Children ...................................... $5,530,730 Purchase of Service Contracts ....................................... $588,664 Total Funds Budgeted .......................................... $704,277,615 Indirect DOAS Services Funding .................................. $2,404,100 State Funds Budgeted .......................................... $509,710,830 Community Mental Health/Mental Retardation, Youth Services and Institutional Functional Budgets Total Funds State Funds Southwestern State Hospital $ 40,674,073 $ 25,530,516 Georgia Retardation Center Georgia Mental Health Institute $ 31,906,792 $ 13,367,210 $ 31,349,330 $ 26,270,520 Georgia Regional Hospital at Augusta Northwest Regional Hospital at Rome $ 23,583,238 $ 20,468,758 $ 29,977,712 $ 22,487,508 Georgia Regional Hospital at Atlanta $ 31,039,563 $ 23,056,504 Central State Hospital $ 135,067,329 $ 85,326,779 Georgia Regional Hospital at Savannah $ 26,059,768 $ 21,380,441 Gracewood State School and Hospital $ 47,521,269 $ 23,894,399 West Central Georgia Regional Hospital $ 23,845,602 $ 18,639,981 Outdoor Therapeutic Program $ 3,357,542 $ 2,506,891 TUESDAY, FEBRUARY 12, 1991 581 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 Runaway Investigation/ Interstate Compact Assessment and Classification Youth Services Administration Total $ 9,978,079 $ 9,894,749 $ 4,573,989 $ 2,993,238 $ 996,008 $ -- 0-- $ 69,306,115 $ 41,570,115 $ 18,331,970 $ 18,331,970 $ 691,881 $ 663,416 $ 479,632 $ 479,632 $ 4,670,723 $ 1,452,528 $ 61,372,230 $ 47,942,410 $ 397,124 $ 397,124 $ 1,418,574 $ 1,196,574 $ 276,135 $ 276,135 $ 333,481 $ 333,481 $ 3,894,902 $ 3,894,902 $ 16,883,037 $ 16,883,037 $ 75,773 $ 10,613,365 $ 19,743,383 $ 11,009,395 $ 7,686,147 $ 4,114,135 $ 4,067,116 $ 13,777,481 $ 2,858,865 $ 1,021,787 $ 721,783 $ 7,022,791 $ 730,450 $ 452,891 $ 2,396,155 $ 704,277,615 $ 75,773 $ 7,316,607 $ 19,253,383 $ 10,621,542 $ 7,610,704 $ 3,989,412 $ 3,622,388 $ 13,777,481 $ 2,858,865 $ 1,021,787 $ 721,783 $ 6,022,791 $ 730,450 $ 452,891 $ 2,396,155 $ 509,710,830 582 JOURNAL OF THE SENATE Section 24. Department of Industry and Trade. Budget Unit: Department of Industry and Trade ...................................... State Operations Budget: Personal Services................................... Regular Operating Expenses......................... Travel ............................................ Motor Vehicle Purchases............................ Equipment ........................................ Computer Charges ................................. Real Estate Rentals ................................ Telecommunications ................................ Per Diem, Fees and Contracts Local Welcome Center Contracts .................... Advertising and Cooperative Advertising ...................................... Georgia Ports Authority Authority Lease Rentals .......................... Historic Chattahoochee Commission Contract ............................. Georgia Council for International Visitors ............................. Waterway Development in Georgia ......................................... Georgia Music Week Promotion ..................... Georgia World Congress Center Operating Expenses .............................. Contract--Georgia Association of Broadcasters .................................. Southern Center for International Studies ............................. Capital Outlay Total Funds Budgeted .............................. State Funds Budgeted .............................. Department of Industry and Trade Functional Budgets Total Funds Administration 4,495,890 Economic Development 5,374,480 Tourism 7,938,405 Total 17,808,775 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 Health Care Utilization Review $16,818,651 $7,766,090 $1,381,906 . . . $332,191 ... $--0-- .... $31,572 $114,640 . . . $646,358 $210,500 $259,613 . . . $205,125 . $4,814,110 . $1,785,000 $84,600 .... $23,500 . $47,000 $33,250 .... $--0-- .... $49,820 ... $23,500 ... $--0-- $17,808,775 $16,818,651 State Funds 3,685,890 5,214,480 7,918,281 16,818,651 . $13,144,242 . $11,398,681 $563,961 . . . . $551,170 $96,000 . . . . . $78,208 . . . . $480,405 . . . . $529,664 . . . . $249,625 $51,600 . . . . . $--0-- TUESDAY, FEBRUARY 12, 1991 583 Total Funds Budgeted .................................... State Funds Budgeted .................................... Department of Insurance Functional Budgets Total Funds Internal Administration $ 2,258,711 Insurance Regulation $ 6,125,377 Industrial Loans Regulation $ 629,658 Fire Safety and Mobile Home Regulations $ 4,985,568 Total $ 13,999,314 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 ........................................... Total Funds Budgeted .................................... State Funds Budgeted .................................... Department of Labor Functional Budgets Total Funds Executive Offices $ 5,652,020 Administrative Services $ 18,332,034 Employment and Training Services 121,237,435 Total $ 145,221,489 Section 27. Department of Law. Budget Unit: Department of Law Attorney General's Office Budget: Personal Services ...... Regular Operating Expenses Travel ....................... Motor Vehicle Purchases ... Equipment Computer Charges ............ Real Estate Rentals ........... Telecommunications ........... Per Diem, Fees and Contracts Books for State Library ....... Total Funds Budgeted ......... $13,999,314 $13,144,242 State Funds 2,258,711 5,980,377 629,658 4,275,496 13,144,242 . . $7,384,046 . $62,795,725 . . $5,381,433 . . $1,021,174 ..... $--0-- .... $458,221 . $3,566,198 .. $1,243,596 . . $1,415,647 . $64,634,911 . . $1,787,506 ..... $--0-- . . $1,774,078 . . $1,143,000 $145,221,489 . . $7,384,046 State Funds 898,387 2,896,554 3,589,105 $ 7,384,046 .. $9,357,863 . . $8,242,656 .... $423,635 . . . . $131,057 ..... $--0-- . . . . . $11,205 . . . . $223,905 . . . . $462,241 . . . . . $98,164 . . . $265,000 . . . . $110,000 . . $9,967,863 584 JOURNAL OF THE SENATE State Funds Budgeted ...................................... ...... $9,357,863 Section 28. Department of Medical Assistance. . . . . $701,255,798 Departmental Operations Budget: Personal Services. .......................................... . . . . . $12,942,408 Regular Operating Expenses ................................. ........ $524,904 Travel .................................................... ........ $122,670 Motor Vehicle Purchases .................................... ......... $--0-- ......... $45,678 . . . . . $14,951,850 Real Estate Rentals ........................................ ........ $935,973 Telecommunications ........................................ ........ $389,377 Per Diem, Fees and Contracts ............................... . . . . . $42,137,563 Medicaid Benefits, Penalties . . . $1,875,959,702 Payments to Counties for Mental Health ........................................... . . $33,630,480 Audit Contracts ............................................ ........ $772,500 SFY 1990 Benefits ......................................... $14,711,896 Total Funds Budgeted ...................................... . . $1,997,125,001 . . . . $701,255,798 Medical Assistance Functional Budgets Total Funds State Funds Commissioner's Office $ 7,392,501 $ 3,369,392 Program Management $ 37,409,883 $ 1,799,572 Systems Management $ 17,253,791 $ 4,777,015 Administration $ 2,818,873 $ 453,224 Program Integrity $ 4,577,093 $ 1,762,822 Institutional Policy and Reimbursement $ 3,370,782 $ 1,633,484 Benefits, Penalties and Disallowances $ 1,924,302,078 $ 687,460,289 Total $ 1,997,125,001 $ 701,255,798 B. Budget Unit: Indigent Trust Fund ........................... . . . . . $35,512,616 Indigent Trust Fund Budget: . . . . . $92,073,155 Total Funds Budgeted ...................................... . . . . . $92,073,155 State Funds Budgeted ...................................... . . . . . $35,512,616 Section 29. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel . . . . . $(7,817,591) Departmental Operations Budget: Personal Services. .......................................... ...... $8,236,268 Regular Operating Expenses ................................. ...... $1,772,096 Travel .................................................... ......... $84,509 ,-.-; Equipment ................................................ ......... $52,553 ''i Computer Charges ......................................... ...... $3,022,096 Real Estate Rentals ........................................ ........ $885,042 Telecommunications ........................................ ........ $415,177 Per Diem, Fees and Contracts ............................... ..... $63,182,877 Health Insurance Payments ................................. . $585,491,138 TUESDAY, FEBRUARY 12, 1991 585 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 $ 2,734,280 $ 1,222,248 $ 1,275,376 1,336,488 17,762,290 634,641,669 2,641,762 1,527,643 663,141,756 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 .......... Capital Outlay--Repairs and Maintenance...................... Capital Outlay--Shop Stock- Parks ................................ j> Capital Outlay--Heritage Trust .......... Authority Lease Rentals ................. Cost of Material for Resale ............. Payments to Lake Lanier Islands Development Authority ................ Contract--Special Olympics, Inc. ......... $663,141,756 . . $9,805,941 $660,917,952 .... $137,454 . $(7,817,591) State Funds $ --0-- $ $ $ $ $ $70,632,504 $61,036,582 $11,290,415 . . . $440,234 $1,316,369 . $1,356,803 $668,896 . $1,837,353 $1,061,588 . $1,300,386 $800,000 . . . $315,000 . $300,000 . . . $--0-- $2,186,395 . . $332,780 . $211,500 . . $865,000 $2,318,000 .... $--0-- . . $206,000 586 JOURNAL OF THE SENATE Georgia Sports Hall of Fame ................................ Capital Outlay--Heritage Trust--Wildlife Management Area Land Acquisition .................................... Capital Outlay--User Fee Enhancements--Parks .................................... Capital Outlay--Buoy Maintenance ............................................. Capital Outlay--Consolidated Maintenance--Game and Fish ............................. Technical Assistance Contract ............................... Capital Outlay ............................................. Contract--Georgia Rural Water Association ........................................ Contract--Corps of Engineers (Cold Water Creek St. Park) .............................. Advertising and Promotion.................................. Payments to Georgia Agricultural Exposition Authority ..................................... Historic Preservation Grant ................................. Environmental Facilities Grant .............................. Georgia Boxing Commission ................................. Lanier Regional Committee ................................. Georgia State Games Commission. ........................... Paving at State Parks and Historic Sites ............................................ Grant--Chehaw Park Authority ............................. Grant--Zoo Atlanta ........................................ Total Funds Budgeted ...................................... Receipts from Jekyll Island State Park Authority ..................................... Receipts from Stone Mountain Memorial Association ..................................... Indirect DOAS Funding .................................... State Funds Budgeted ...................................... Department of Natural Resources Functional Budgets Internal Administration Game and Fish Parks, Recreation and Historic Sites Environmental Protection Coastal Resources Total Total Funds 8,364,784 $ 26,705,001 $ 36,392,857 $ 24,332,398 $ 1,766,202 $ 97,561,242 B. Budget Unit: Georgia Agricultural Exposition Authority .......... Operations Budget: Personal Services. ............... Regular Operating Expenses...... Travel ......................... Motor Vehicle Purchases......... Equipment ..................... Computer Charges .............. . . $47,000 $510,000 $1,369,650 . . . $20,000 .... $--0-- . . $117,500 . . $215,500 ... $9,400 . . . $300,000 . . $142,620 . $2,277,731 . . . $258,500 $3,500,000 .... $5,640 .... $--0-- ... $94,000 . $475,400 . . . $187,500 . $187,500 $97,561,242 . . $314,594 . $1,015,000 . $200,000 $70,632,504 State Funds 5,886,221 22,655,775 19,885,582 20,528,724 1,676,202 70,632,504 ..... $--0-- $1,425,472': $1,344,116 $24,000 $11,000 $69,088 . $27,000 TUESDAY, FEBRUARY 12, 1991 587 Real Estate Rentals .......... Telecommunications .......... Per Diem, Fees and Contracts . Capital Outlay ............... Total Funds Budgeted........ State Funds Budgeted ... Functional Budget Total Funds Georgia Agricultural Exposition Authority $ 3,409,002 Section 31. Department of Public Safety. A. Budget Unit: Department of Public Safety ............................ 1. Operations Budget: Personal Services. ................... Regular Operating Expenses.......... Travel ............................. Motor Vehicle Purchases............. Equipment ......................... Computer Charges .................. Real Estate Rentals ................. Telecommunications ................. Per Diem, Fees and Contracts ........ State Patrol Posts Repairs and Maintenance.................. Capital Outlay ...................... Total Funds Budgeted ............... Indirect DOAS Service Funding ...... State Funds Budgeted ............... 2. Driver Services Budget: Personal Services. Regular Operating Expenses Travel ....................... Motor Vehicle Purchases....... Equipment ................... Computer Charges ............ Real Estate Rentals ........... Telecommunications ........... Per Diem, Fees and Contracts . Capital Outlay ................ Conviction Reports ............ Driver License Processing Total Funds Budgeted ......... Indirect DOAS Service Funding State Funds Budgeted ......... Public Safety Functional Budgets Total Funds Administration $ 17,627,562 Driver Services $ 18,349,652 Field Operations $ 48,290,218 Total $ 84,267,432 . . . $--0-- . . . $17,500 . $490,826 . . . $--0-- $3,409,002 . . . $--0-- State Funds $ --0-- . $82,617,432 . $49,550,810 . . $7,350,589 .... $137,500 $2,010,000 .... $733,380 . $4,786,000 ..... $40,501 . . . . $979,000 . . . . $180,000 . $150,000 ..... $--0-- . $65,917,780 $1,650,000 $64,267,780 . $14,237,820 $1,633,808 ..... $37,970 ..... $--0-- .... $138,497 ..... $--0-- ..... $37,507 . . . . $361,600 ..... $88,350 $600,000 .... $232,500 $981,600 . $18,349,652 .... $--0-- . $18,349,652 State Funds 15,977,562 18,349,652 48,290,218 82,617,432 588 JOURNAL OF THE SENATE B. Budget Unit: Units Attached for Administrative Purposes Only ................... 1. Attached Units Budget: Personal Services................. Regular Operating Expenses .... Travel .......................... Motor Vehicle Purchases.......... Equipment ...................... Computer Charges ............... Real Estate Rentals .............. Telecommunications .............. Per Diem, Fees and Contracts .... Peace Officers Training Grants Capital Outlay ................... Total Funds Budgeted ............ State Funds Budgeted ............ 2. Office of Highway Safety Budget: Personal Services ................ Regular Operating Expenses .... Travel .......................... Motor Vehicle Purchases.......... Equipment ...................... Computer Charges ............... Real Estate Rentals .............. Telecommunications .............. Per Diem, Fees and Contracts Highway Safety Grants ........... Total Funds Budgeted ............ State Funds Budgeted ............ Attached Units Functional Budgets Total Funds Office of Highway Safety $ 4,086,653 Georgia Peace Officers Standards and Training 4,723,932 Police Academy Fire Academy 1,158,993 1,213,078 Georgia Firefighters Standards and Training Council 422,251 Organized Crime Prevention Council Georgia Public Safety Training Facility Total 313,231 6,797,858 18,715,996 Section 32. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System .............. Departmental Operations Budget: Payments to Employees' Retirement System ............... $14,090,781 . $7,400,993 . $2,640,847 . $124,800 $12,296 . . $137,506 . . . $425,776 .... $95,366 . . . $148,963 . . . $884,440 $2,758,356 .... $--0-- $14,629,343 $13,766,343 . . $411,252 . $28,600 .... $9,828 . . . $--0-- . . $--0-- $39,185 . . . $69,988 . . $4,000 . . . $23,800 $3,500,000 $4,086,653 . . $324,438 State Funds 324,438 $ 4,723,932 $ 1,108,993 $ 1,133,078 $ 422,251 $ 313,231 $ 6,064,858 $ 14,090,781 $9,537,043 $389,043 TUESDAY, FEBRUARY 12, 1991 589 Employer Contributions .......................................... $8,900,000 Cola-House Bill 738 ............................................ $248,000 Total Funds Budgeted ............................................ $9,537,043 State Funds Budgeted ............................................ $9,537,043 Section 33. Public Service Commission. Budget Unit: Public Service Commission................................................... $7,490,073 Departmental Operations Budget: Personal Services................................................. $6,605,523 Regular Operating Expenses......................................... $406,348 Travel ............................................................ $214,381 Motor Vehicle Purchases............................................. $47,958 Equipment ......................................................... $92,699 Computer Charges ................................................. $303,673 Real Estate Rentals ................................................ $309,828 Telecommunications ................................................ $120,716 Per Diem, Fees and Contracts ....................................... $912,325 Total Funds Budgeted ............................................ $9,013,451 State Funds Budgeted ............................................ $7,490,073 Public Service Commission Functional Budgets Total Funds State Funds Administration $ 1,724,770 $ 1,724,770 Transportation $ 3,172,924 $ 1,807,990 Utilities $ 4,115,757 $ 3,957,313 Total $ 9,013,451 $ 7,490,073 Section 34. Board of Regents, University System of Georgia. A. Budget Unit: Resident Instruction ............................... $760,257,799 Resident Instruction Budget: Personal Services: Educ., Gen., and Dept. Svcs. .................................. $821,291,627 Sponsored Operations ........................................ $111,964,506 Operating Expenses: Educ., Gen., And Dept. Svcs.........:......................... $220,796,895 Sponsored Operations ........................................ $125,000,000 Special Funding Initiative ........................................ $11,250,000 Office of Minority Business Enterprise .............................................. $334,043 Special Desegregation Programs ..................................... $362,495 Forestry Research .................................................. $283,880 Research Consortium ................................................ $96,000 Eminent Scholars Program ........................................... $--0-- Capital Outlay .................................................. $20,035,106 Total Funds Budgeted ......................................... $1,311,414,552 Departmental Income............................................ $32,195,185 Sponsored Income.............................................. $236,964,506 Other Funds ................................................... $278,969,762 Indirect DOAS Services Funding .................................. $3,027,300 State Funds Budgeted .......................................... $760,257,799 B. Budget Unit: Regents Central Office and Other Organized Activities ................................................... $149,599,669 590 JOURNAL OF THE SENATE Regents Central Office and Other Organized Activities Budget: Personal Services: Educ., Gen., and Dept. Svcs. ............................... Sponsored Operations ..................................... Operating Expenses: Educ., Gen., and Dept. Svcs. ............................... Sponsored Operations Fire Ant and Environmental Toxicology Research ....................................... Agricultural Research........................................ Advanced Technology Development Center ....................................... Capitation Contracts for Family Practice Residency ................................. Residency Capitation Grants Student Preceptorships ...................................... Center for Rehabilitation Technology ............................................... SREB Payments ............................................ Medical Scholarships ........................................ Regents Opportunity Grants Regents Scholarships ........................................ Rental Payments to Georgia Military College .......................................... CRT Inc. Contract at Georgia Tech Research Institute ........................................ Direct Payments to the Georgia Public Telecommunications Commission for Operations................................ Total Funds Budgeted ...................................... Departmental Income........................................ Sponsored Income.......................................... Other Funds ............................................... Indirect DOAS Services Funding State Funds Budgeted ...................................... Regents Central Office and Other Organized Activities Functional Budgets Marine Resources Extension Center Skidaway Institute of Oceanography Marine Institute Georgia Tech Research Institute Education Extension Services Agricultural Experiment Station Cooperative Extension Service Total Funds $ 1,721,972 $ 3,691,331 $ 1,431,905 $ 126,215,095 $ 5,847,259 $ 50,372,176 $ 49,447,695 $207,524,492 . $69,551,857 . $97,579,557 . $37,607,630 ... $218,080 . . $1,984,703 . . $1,406,386 .. $2,607,781 . . $2,425,058 .... $148,520 . . $1,398,649 . . $8,742,031 .... $958,027 $564,000 $188,000 .... $861,415 $198,340 . . $7,637,904 $441,602,430 . . $3,087,700 $107,915,122 $180,444,239 .... $555,700 $149,599,669 State Funds 1,184,539 1,504,907 981,178 13,003,069 2,086,574 33,705,056 33,013,733 TUESDAY, FEBRUARY 12, 1991 591 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 $ 162,937,227 $ 2,904,029 $ 2,354,694 $ 5,842,920 2,000,764 $ 2,581,503 $ 24,253,860 $ 441,602,430 $ 30,660,825 $ 2,904,029 $ 502,839 5,842,920 --0-- $ 62,842 $ 24,147,158 $ 149,599,669 C. Budget Unit: Georgia Public Telecommunications Commission ....................................................... $--0-- Public Telecommunications Commission Budget: Personal Services................................................. $6,059,354 Operating Expenses .............................................. $7,663,636 Total Funds Budgeted ........................................... $13,722,990 Other Funds .................................................... $13,722,990 State Funds Budgeted ............................................... $--0-- Section 35. Department of Revenue. Budget Unit: Department of Revenue ............................... $74,349,477 Operations Budget: Personal Services................................................ $48,123,522 Regular Operating Expenses....................................... $4,057,203 Travel .......................................................... $1,410,700 Motor Vehicle Purchases............................................ $114,200 Equipment ........................................................ $510,825 Computer Charges ............................................... $8,855,547 Real Estate Rentals .............................................. $3,531,465 Telecommunications .............................................. $1,073,738 Per Diem, Fees and Contracts ....................................... $279,910 County Tax Officials/Retirement and FICA ..................................................... $3,358,285 Grants to Counties/Appraisal Staff .......................................................... $1,430,000 Motor Vehicle Tags and Decals.................................... $2,443,822 Postage ......................................................... $3,005,260 Total Funds Budgeted ........................................... $78,194,477 Indirect DOAS Services Funding .................................. $3,845,000 State Funds Budgeted ........................................... $74,349,477 Department of Revenue Functional Budgets Total Funds State Funds Departmental Administration $ 6,871,332 $ 6,871,332 Internal Administration $ 11,054,316 $ 10,854,316 Electronic Data Processing $ 5,255,204 $ 5,037,204 Field Services $ 16,415,981 $ 16,115,981 592 JOURNAL OF THE SENATE Income Tax Unit Motor Vehicle Unit Central Audit Unit Property Tax Unit Sales Tax Unit Total $ 8,022,525 $ 7,065,525 $ 15,670,035 $ 14,038,035 $ 6,250,501 $ 6,250,501 $ 4,364,390 $ 4,283,390 $ 4,290,193 $ 3,833,193 $ 78,194,477 $ 74,349,477 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 Total Funds Budgeted State Funds Budgeted ..................... Secretary of State Functional Budgets Total Funds Internal Administration $ 3,184,821 Archives and Records $ 4,724,469 Business Services and Regulation 4,306,533 Elections and Campaign Disclosure $ 1,138,200 Drugs and Narcotics $ 999,013 State Ethics Commission $ 196,773 Occupational Certification $ 7,379,364 Total $ 21,929,173 $21,419,173 . . . . $15,216,670 . . . . . $1,971,289 ....... $224,800 $28,500 ........ $85,621 ....... $811,611 . . . . . $2,272,731 ... $300,095 ....... $617,856 ....... $400,000 . . . . $21,929,173 $21,419,173 State Funds $ 3,034,821 $ 4,649,469 4,211,533 i5 1,102,200 !S 945,013 !& 196,773 !$ 7,279,364 i$ 21,419,173 B. Budget Unit: Real tate Commission ........................ . . . . $1,804,811 Real Estate Commis i Budget: Personal Services . . . . $1,007,853 Regular Operating Expenses ................................... ...... $152,894 Travel ......... ....... $13,500 Motor Vehicle Purchaissees ...................................... $19,000 Equipment ....... $17,800 Computer Charges ... $317,859 Real Estate Rentals .... $117,855 Telecommunications ....... $23,150 Per Diem, Fees and Contracts ................................. ...... $134,900 Total Funds Budgeted1........................................ . . . . $1,804,811 State Funds Budgeted1................ ........................ . . . . $1.804.811 TUESDAY, FEBRUARY 12, 1991 593 Real Estate Commission Functional Budget Real Estate Commission State Funds 1,804,811 Cost of Operations 1,844,811 Section 37. Soil and Water Conservation Commission. Budget Unit: Soil and Water Conservation Commission ..................... Soil and Water Conservation Budget: Personal Services................................ Regular Operating Expenses...................... Travel ......................................... Motor Vehicle Purchases......................... Equipment ..................................... Computer Charges .............................. Real Estate Rentals ............................. Telecommunications ............................. Per Diem, Fees and Contracts .................... County Conservation Grants ..................... Total Funds Budgeted ........................... State Funds Budgeted ........................... . $1,872,630 . . . $903,851 . . $111,003 ... $63,305 . . . . $10,450 .... $17,705 . . . . . $5,600 . . $50,405 . . . . $19,220 . . . $442,420 $586,396 $2,210,355 $1,872,630 Section 38. Student Finance Commission. Budget Unit: Student Finance Commission ............................................... Administration Budget: Personal Services............................................. Regular Operating Expenses................................... Travel ...................................................... Motor Vehicle Purchases...................................... Equipment .................................................. Computer Charges ........................................... Telecommunications .......................................... Per Diem, Fees and Contracts ................................. Payment of Interest and Fees ................................. Guaranteed Educational Loans ................................ Tuition Equalization Grants................................... Student Incentive Grants ..................................... Law Enforcement Personnel Dependents' Grants ........................................ North Georgia College ROTC Grants.............................................. Osteopathic Medical Loans.................................... Georgia Military Scholarship Grants .................................................... Paul Douglas Teacher Scholarship Loans .......................................... Total Funds Budgeted ........................................ State Funds Budgeted ........................................ Georgia Student Finance Commission Functional Budgets Total Funds Internal Administration 5,268,249 $ Higher Education Assistance Corporation 381,625 $ $22,844,254 $4,345,854 $388,001 .... $68,800 . $12,000 $32,100 $364,668 . $133,900 .... $22,257 . $381,625 . $4,210,000 $14,730,888 . $4,724,401 . . . . $38,000 . $104,500 . $162,000 . . . $462,030 . $444,425 $30,625,449 $22,844,254 State Funds --0-- 381,625 594 JOURNAL OF THE SENATE Georgia Student Finance Authority $ 24,876,244 $ 22,363,298 Georgia Public Postsecondary Education Commission $ 27 28 Total $ 30,625,449 $ 22,844,254 Section 39. Teachers' Retirement System. Budget Unit: Teachers' Retirement System ....................................................... $3,700,000 Departmental Operations Budget: Personal Services................................................. $3,068,965 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 Floor Fund for Local Retirement Systems .............................................. $750,000 Post Retirement Benefit Increases for Retirees .............................................. $--0-- Total Funds Budgeted ............................................ $8,983,965 State Funds Budgeted ............................................ $3,700,000 Section 40. Department of Technical and Adult Education. Budget Unit: Department of Technical and Adult Education ........................................ $128,360,001 Department of Technical and Adult Education Budget: Personal Services................................................. $4,087,560 Regular Operating Expenses......................................... $340,242 Travel ............................................................ $128,000 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $12,413 Computer Charges ................................................. $609,851 Real Estate Rentals ................................................ $476,004 Telecommunications ................................................ $142,000 Per Diem, Fees and Contracts ..................................... $1,285,672 Personal Services--Institutions ................................... $85,165,582 Operating Expenses--Institutions ................................. $18,993,302 Capital Outlay ...................................................... $--0-- Quick Start Program ............................................. $5,878,282 Area School Program ............................................ $25,254,051 Regents Program................................................. $2,766,092 Adult Literacy Grants ............................................ $7,473,805 Total Funds Budgeted .......................................... $152,612,856 State Funds Budgeted .......................................... $128,360,001 Administration Institutional Programs Total Functional Budgets $ $ $ Total Funds 7,081,742 145,531,114 152,612,856 State Funds $ 5,955,686 $ 122,404,315 $ 128,360,001 TUESDAY, FEBRUARY 12, 1991 595 Section 41. Department of Transportation. Budget Unit: Department of Transportation ...................................... ........ $500,049,633 For Public Roads and Bridges, for Grants to Counties for Road Construction and Maintenance, and for other transportation activities. Departmental Operations Budget: Personal Services.......................................... $231,867,368 Regular Operating Expenses................................ . $54,819,088 Travel ................................................... . . $1,818,531 Motor Vehicle Purchases................................... . . $1,008,025 Equipment ............................................... . . $4,756,595 Computer Charges ........................................ . . $4,644,100 Real Estate Rentals ....................................... . $1,356,023 Telecommunications ....................................... . . $2,000,716 Per Diem, Fees and Contracts .............................. . . $8,428,297 Capital Outlay ............................................ $636,853,178 Grants to Counties ........................................ . . $4,658,507 Grants to Municipalities ................................... . $4,658,500 Capital Outlay--Airport Approach Aid and Operational Improvements .......................................... . . $1,058,242 Capital Outlay--Airport Development. ........................................... . $1,000,000 Mass Transit Grants ...................................... . . $8,509,511 Savannah Harbor Maintenance Payments .............................................. $1,083,000 Spoilage Area Acquisition, Clearing, Preparation and Dike Reconstruction ..................................... .... $--0-- G.O. Debt Sinking Fund ................................... $10,640,000 Total Funds Budgeted ..................................... $979,159,681 State Funds Budgeted ..................................... $500,049,633 Department of Transportation Functional Budgets Motor Fuel Tax Budget Planning and Construction Maintenance and Betterments Facilities and Equipment Assistance to Counties Administration Paving at State and Local Schools and State Institutions Total Total Funds $ 694,181,944 $ 228,966,161 8,444,767 4,658,507 22,504,214 234,226 958,989,819 State Funds 236,074,966 217,499,581 7,807,732 4,658,507 21,959,214 234,226 488,234,226 General Funds Budget Grants to Municipalities Paving at State and Local Schools and State Institutions Air Transportation Total Funds 4,658,500 --0-- 1,714,577 State Funds 4,658,500 --0-- 1,214,577 596 JOURNAL OF THE SENATE Inter-Modal Transfer Facilities Harbor Maintenance Activities Total $ 12,713,785 $ 1,083,000 $ 20,169,862 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 ........................................... Operating Expense/Payments to Central State Hospital.................................. Operating Expense/Payments to Medical College of Georgia .............................. Regular Operating Expenses for Projects and Insurance .............................. Total Funds Budgeted .................................... State Funds Budgeted .................................... Veterans Service Functional Budgets Total Funds Veterans Assistance $ 5,227,728 Veterans Home and Nursing Facility--Milledgeville $ 15,474,841 Veterans Nursing Home--Augusta $ 5,928,509 Total $ 26,631,078 Section 43. Workers' Compensation Board. Budget Unit: Workers' Compensation Board ................................................ Operations Budget: Personal Services ........................................ Regular Operating Expenses............................... Travel .................................................. Motor Vehicle Purchases.................................. Equipment .............................................. Computer Charges ....................................... Real Estate Rentals ...................................... Telecommunications ...................................... Per Diem, Fees and Contracts ............................. Georgia Crime Victims Assistance Program............................................... Total Funds Budgeted .................................... State Funds Budgeted .................................... $ 4,859,330 $ 1,083,000 $ 11,815,407 $21,657,954 . $4,724,940 . . . $115,252 ... $65,456 .... $--0-- ..... $9,420 . . . . $13,812 . . $226,748 . . . . $52,000 $20,100 .... $--0-- ... $15,301,261 . . $5,894,509 ....... $207,580 . . . . $26,631,078 .... $21,657,954 State Funds $ 5,000,258 $ 12,158,079 $ 4,499,617 $ 21,657,954 $8,643,426 $6,920,884 . . $317,375 . $79,850 . . . $--0-- . . $4,330 $226,400 . $861,177 $109,660 $115,500 . . $108,250 $8,743,426 $8,643,426 TUESDAY, FEBRUARY 12, 1991 597 Section 44. State of Georgia General Obligation Debt Sinking Fund. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued) ....................................... $299,675,054 State of Georgia General Obligation Debt Sinking Fund (New) .......................................... $27,851,525 Section 45. Provisions Relative to Section 3, Supreme Court. The appropriations in Section 3 (Supreme Court) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (deci sions) of the appellate courts to Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts. Section 46. Provisions Relative to Section 4, Court of Appeals. The appropriations in Section 4 (Court of Appeals) of this Act are for the cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employ ees of the Court. Section 47. Provisions Relative to Section 5, Superior Courts. The appropriations in Section 5 (Superior Courts) of this Act are for the cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys, and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; provided, however, of the funds appropriated in Section 5, $20,000 is designated and committed to permit Judges with fewer than ten years of experience to at tend the Judicial College. Section 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 Educa tion. The appropriations in Section 7 (Institute of Continuing Judicial Education) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132. Section 50. Provisions Relative to Section 8, Judicial Council. The appropriations in Section 8 (Judicial Council) of this Act are for the cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts and the Board of Court Re porting of the Judicial Council, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges. Section 51. Provisions Relative to Section 13, Department of Agriculture. Provided that of the appropriation to the Department of Agriculture, $80,000 is designated and com mitted for youth programs and activities. Section 52. 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 $1,612.50. In addition, all local school system allotments for Quality Basic Edu cation shall be made in accordance with funds appropriated by this Act. From the Appropriations in Section 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 598 JOURNAL OF THE SENATE 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 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 Regional Development Commission Area served, subject to the provisions that each RESA has implemented the State Board of Edu cation's policy concerning the composition of the Board of Control of each RESA, has im plemented the uniform statewide needs program, and has the commitments of each antici pated member system to contribute at least the same equivalent amount during SFY 1991 that it contributed during SFY 1990. It is intended that the electronic student information system is a component of the statewide comprehensive electronic information network required by Section 20-2-320 of the Quality Basic Education Act and funds appropriated for the student information system and the electronic information network are considered to be for the same purpose. 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 53. Provisions Relative to Section 19, Employees Retirement System. The Employees Retirement System is authorized to increase the employer contribution rate by thirty-one one-hundredths of one percent of salaries to fund the following: 1.) A special cost-of-living increase in retirement benefits, effective July 1, 1990, to par tially offset the taxation of such benefits as provided by HB 1-EX enacted at the September 1989 Extraordinary Session of the General Assembly as authorized by HB 738 enacted at the 1990 Regular Session of the General Assembly. 2.) A one and one-half percent cost-of-living increase effective July 1, 1990. 3.) A one and one-half percent cost-of-living increase effective January 1, 1991. Section 54. Provisions Relative to Section 23, Department of Human Resources. The Department of Human Resources is authorized to calculate all Aid to Families with Depen dent Children benefit payments utilizing a factor of 66.0% of the standards of need; such AFDC payments shall be made from the date of certification and not from the date of appli cation; and the following maximum benefits and maximum standards of need shall apply: TUESDAY, FEBRUARY 12, 1991 599 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. Provided, that Central State Hospital is authorized to utilize surplus funds, not to ex ceed $497,500, for replacement of TV distribution lines in the Department of Veterans Ser vice facilities, the Department of Corrections 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. Provided, that of the above appropriations relative to the treatment of Hemophilia and its complications, these funds may be used directly or indirectly via the purchase of insur ance, whichever is less, to treat this disease. The Department is authorized to utilize troubled children's benefits to expand commu nity placements in order to secure additional federal Medicaid dollars. Provided, however, that the listed appropriations to the object class "Grants to County DFACS--Operations" shall be increased by the amount of $400,000 and is designated and committed for temporary eligibility workers. Section 55. 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 56. Provisions Relative to Section 29, Merit System of Personnel Administra tion. 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 (De partment of Natural Resources) or from any other funds without the approval of the State Properties Commission, except for land specifically provided for in Section 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 600 JOURNAL OF THE SENATE 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 $258,500 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. Section 58. Provisions Relative to Section 31, Department of Public Safety. The Geor gia Police Academy is authorized to employ two drug police instructors utilizing federal funds. Provided, that of the appropriation relating to the Department of Public Safety, Budget Unit "B", the Office of Planning and Budget is authorized and directed to transfer five training positions and operating costs associated with those positions from the Georgia Pub lic Safety Training Center to the Georgia Police Academy. 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 Per sonal Services for the sole purpose of establishing health benefit reserves in amounts not to exceed twenty per cent of total benefit payments for the fiscal year to which this appropria tions act applies. Such transfers shall not require approval of either the Office of Planning and Budget or the Fiscal Affairs Subcommittees. The Board of Regents is authorized to continue development of quality--added pro grams 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 Ed ucation. 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 Technical and Adult 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 Assembly that the following provisions apply: a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary au thorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Depart ment of Administrative Services. b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for addi tional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget. c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid. d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less re funds, rebates and collection costs and enter this amount as being the appropriation payable TUESDAY, FEBRUARY 12, 1991 601 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. h.) Income derived from the sale of intermodal aircraft may be retained to finance the expansion of the state aircraft facility at Charlie Brown Airport, provided further, income derived from leasing department owned aircraft facilities may be retained for use in the department's aviation program. It is the further intent of this General Assembly that of the $488,000,000 of motor fuel tax appropriated in this act, $40,000,000 is designated and committed for the Local Assis tance Road Program. It is the intent of this General Assembly that of the $488,000,000 of motor fuel tax appropriated in this act, $3,000,000 is authorized for initial design of a re placement of the Sidney Lanier Bridge in Glynn County, Georgia. Section 62. In addition to all other appropriations for the State fiscal year ending June 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 602 JOURNAL OF THE SENATE 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. A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contrac tor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees. Section 67. Each agency for which an appropriation is authorized herein shall main tain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act. Section 68. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law. Section 69. No State 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- TUESDAY, FEBRUARY 12, 1991 603 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 proval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Func tional Budget or the House Functional Budget. Section 74. There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act. Section 75. Provisions Relative to Section 44 State of Georgia General Obligation Debt Sinking Fund. The debt-service amounts listed below are hereby appropriated for debt service 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. Judicial Building Renovation $ 1,265,000 $ 126,500 Construction of facilities of Incarceration in Emanuel County 2,000,000 200,000 604 JOURNAL OF THE SENATE Replacement of central heating facility at Northwest Regional Hospital Purchase of office building in Clayton County Replacement of interest income budgeted for construction of facilities for use by the Department of Corrections Georgia World Congress facility expansion Acquisition of land at Georgia Southern University Construction of a building at the Law School at the University of Georgia Construction of developmental highways and four-lane/passing lane construction Major market renovations for the Department of Agriculture Regional Crime Lab in Moultrie Design and engineering for Haralson County regional reservoir Student Center at Southern Technical Institute Continuing Education Center at Georgia Southern University Library at DeKalb College Design a dormitory at Georgia Institute of Technology Purchase of land and equipment for food and farm operations for the Department of Corrections Acquisition and renovation of Brookwood Hall at Valdosta State College Capital outlay for facilities at Institutes of Incarceration for the Department of Corrections Repairs to Confederate Avenue facility for the Department of Public Safety 1,725,000 7,400,000 1,500,000 75,000,000 1,500,000 2,500,000 100,000,000 1,250,000 1,600,000 1,500,000 6,500,000 17,000,000 10,000,000 1,000,000 3,000,000 900,000 6,000,000 1,500,000 172,500 740,000 150,000 7,500,000 150,000 250,000 10,000,000 125,000 160,000 150,000 650,000 1,700,000 1,000,000 100,000 300,000 90,000 600,000 150,000 TUESDAY, FEBRUARY 12, 1991 605 Commercial Drivers License facilities for the Department of Public Safety 2,850,000 285,000 B.) Maturities not to exceed sixty months. Equipment for facilities at Institutes of Incarceration for the Department of Corrections Equipment and capital construction for wildlife management and public fishing areas Plan and design correctional officer training facility for the Board of Regents 11,795,000 1,450,000 150,000 2,859,775 355,250 37,500 Section 76. TOTAL STATE FUND APPROPRIATIONS THROUGH SECTION 75 State Fiscal Year 1991 .......................................... $7,645,067,946 (including $35,512,616 in Indigent Trust Fund). Section 77. In addition to the appropriation in Section 44 of this General Appropria tions Act for State Fiscal Year 1990-1991, for "State of Georgia General Obligation Debt Sinking Fund (New)," the sum of $22,626,000 is appropriated to the State of Georgia Gen eral Obligation Debt Sinking Fund (New) from the mid-year adjustment reserve to permit the issuance of no more than $226,260,000 of general obligation debt. The particular maxi mum maturities, user agencies and user authorities, purposes, maximum principal amounts and appropriations of highest annual debt service requirements of the new debt are speci fied as follows: Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $5,800,000 is specifically appropriated for the purpose of financing facilities for the Department of Corrections, by means of the acquisition, con struction, development, extension, enlargement, and improvement of land, property, build ings, structures, equipment and facilities, both real and personal, necessary or useful in con nection therewith, including but not necessarily, for the unpaid-for portions of those certain projects of the Department which were funded by appropriations of the General Appropria tions Act for State Fiscal Year 1989-1990 and are not completed, through the issuance of not more than $58,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $1,500,000 is specifically appropriated for the State Board of Education for the purposes of financing educational facilities for county and inde pendent school systems, and of financing certain public library facilities for county and in dependent school systems, counties, municipalities and boards of trustees of public library systems, including but not necessarily, for the unpaid-for portions of those certain projects of the systems which were funded by appropriations of the General Appropriations Act for State Fiscal Year 1989-1990 and are not completed, through the issuance of not more than $15,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $550,000 is specifically appropriated for the purpose of financing the construction of facilities for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, and improve ment of land, property, buildings, structures, equipment and facilities, both real and per sonal, necessary or useful in connection therewith, including but not necessarily, for the unpaid-for portions of those certain projects of the Department which were funded by ap- 606 JOURNAL OF THE SENATE propriations of the General Appropriations Act for State Fiscal Year 1989-1990 and are not completed, through the issuance of not more than $5,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hun dred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $900,000 is specifically appropriated for the purpose of financing facilities for the Department of Human Resources by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, including but not necessarily, for the unpaid-for portions of those certain projects of the Department which were funded by appropriations of the General Appropriations Act for State Fiscal Year 1989-1990 and are not completed, through the issuance of not more than $9,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $1,260,000 is specifically appropriated for the purpose of financing facilities for the Board of Regents of the University System of Georgia, by means of acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, including but not necessarily, for the unpaid-for portions of those certain projects of the Board which were funded by appropriations of the General Appropriations Act for State Fiscal Year 1989-1990 and are not completed, through the issuance of not more than $12,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $140,000 is specifically appropriated for the purpose of financing facilities for the Department of Technical and Adult Education by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, including but not necessarily, for the unpaid-for portions of those certain projects of the Department which were funded by appropriations of the General Appropriations Act for State Fiscal Year 1989-1990 and are not completed, through the issuance of not more than $1,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $4,750,000 is specifically appropriated for the purpose of financing a program of Developmental Highways and four-lane and passing-lane con struction for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, struc tures, equipment and facilities, both real and personal, necessary or useful in connection therewith, including but not necessarily, for the unpaid-for portions of those certain projects of the Department which were funded by appropriations of the General Appropriations Act for State Fiscal Year 1989-1990 and are not completed, through the issuance of not more than $47,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $7,726,000 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education, through the issuance of not more than $77,260,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Section 78. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. TUESDAY, FEBRUARY 12, 1991 607 Section 79. All laws and parts of laws in conflict with this Act are repealed." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. 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 Alien Baldwin Bishop Bowen Broun Burton ^7 CPD~D.eaelwafl.lim.kn.gianns Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins J,,Ko.ihd,nd,son Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr SrT^Tptaaeyt,ielnobrerg Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Not voting was Senator Pollard. On the passage of the bill, the yeas were 55, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. HB 84. By Representatives Coleman of the 118th, Smyre of the 92nd and Parrish of the 109th: A bill to provide for the Department of Labor a supplemental appropriation, pursuant to and in accordance with provisions of Code Section 34-8-81 of the Official Code of Georgia Annotated, relating to the creation and purposes of the Employment Security Administration Fund, and Code Section 34-8-102 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Un employment Trust Fund, of additional funds which are otherwise available to the Department of Labor out of funds credited to and held in this state's account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States pursuant to Section 903 of the Social Security Act, as amended. Senate Sponsor: Senator Johnson of the 47th. 608 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 Alien Baldwin Bishop Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Move Newbill Perdue Perry Phillips Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Tate Thompson Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Bowen Olmstead Pollard Shumake Steinberg Taylor Timmons On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 202. By Senator Baldwin of the 29th: A bill to amend Code Section 46-4-25 of the Official Code of Georgia Annotated, relating to factors to be considered by the Public Service Commission in granting certificates of public convenience and necessity, so as to provide that the com mission shall also consider whether the purchase price is reasonable in light of the present value of the system to be acquired when an applicant seeks to ac quire a gas pipeline or distribution system of a municipal corporation; to provide that the purchase price is the measure of value of the system to be included in the applicant's rate base for rate-making purposes subject to the depreciation thereafter allowed upon such system. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Broun Burton Clay Collins Dawkins Deal Dean Echols TUESDAY, FEBRUARY 12, 1991 609 Edge Egan English Foster G,llhs .,, SHHaaamrsrtiyms lU Henson jjjll Hooks Huggins Johnson Kidd Langford Marable Moye Newbill O,,Pelmrd,suteead Perry Phillips Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Shumake Starr Steinberg T,,Taaytel,or Thompson Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Bowen Coleman Garner Pollard Scott Timmons Turner On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 220. By Senators Ragan of the 32nd, Clay of the 37th and Edge of the 28th: A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly in general, so as to provide for personal identifi cation cards for former members of the General Assembly; to provide for an ex ception; to provide that the cards shall be issued by the Georgia Building Authority. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Broun Burton Clay Coleman Collins Dawkins Dijcpaall Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Tate Taylor Turner Tysinger Walker of 22nd Walker of 43rd White 610 JOURNAL OF THE SENATE Those not voting were Senators: Bowen Steinberg Thompson Timmons On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 222. By Senators Kidd of the 25th, Harris of the 27th, Hammill of the 3rd and others: A bill to amend Chapter 20 of Title 43 of the Official Code of Georgia Annotated, known as the "Georgia Hearing Aid Dealers and Dispensers Act," so as to change the composition of the State Board of Hearing Aid Dealers; to change the provi sions relating to the issuance of dispensers' licenses; to change certain provisions relating to examination of applicants for a license. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Broun Burton Clay DCTD-,oaewlalli,knms s Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hil1 Hooks Huggins JTKLo^ai.hdnindgisfoonrd Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Qo,,S.t,teair.nrb, erg i,at lavlor Thompson Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Bowen Coleman Timmons On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed. SR 122. By Senators Collins of the 17th, Perry of the 7th and Burton of the 5th: A resolution designating the "Raymond G. Davis Medal of Honor Highway". Senator Collins of the 17th moved that SR 122 be postponed until Monday, February 18. TUESDAY, FEBRUARY 12, 1991 611 On the motion, the yeas were 33, nays 0; the motion prevailed, and SR 122 was post poned until Monday, February 18. Senator Johnson of the 47th moved that the following bill of the House, having been passed previously today, be immediately transmitted to the House: HB 284. By Representatives Murphy of the 18th, Coleman of the 118th, Walker of the 115th and others: A bill to amend an Act providing appropriations for the State Fiscal Year 19901991 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1990-1991. On the motion, the yeas were 33, nays 0; the motion prevailed, and HB 284 was imme diately transmitted to the House. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: HB 78. By Representatives Buck of the 95th and Cummings of the 17th: A bill to amend Code Section 47-3-68 of the Official Code of Georgia Annotated, relating to members of the Teachers Retirement System of Georgia who are eligi ble to participate in the optional retirement plan of the Board of Regents of the University System of Georgia, so as to clarify the provisions relating to the accu mulated contributions of members who elect or have elected to participate in said optional retirement plan. Senate Sponsor: Senator Pollard of the 24th. The following Certification, as required by law, was read by the Secretary: Department of Audits 254 Washington Street, SW 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 28, 1991 SUBJECT: House Bill 78 (Substitute) (LC 7 7890S) Teachers Retirement System (OCGA 47-3-68) This bill clarifies provisions of previously enacted legislation which allows members of the Teachers Retirement System of Georgia who elect to participate in the optional retire ment plan of the Board of Regents of the University System of Georgia to transfer their accumulated contributions. As amended, this bill authorizes the board of trustees to transfer a former member's accumulated contributions to the optional retirement plan by October 1, 1991. This is to certify that the change made in this substitute bill is a nonfiscal amendment as defined in the Public Retirement Systems Standards Law. Is/ G. W. Hogan State Auditor 612 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 Bishop Bowen Broun Burton X ,y Colfhm"san Dj-j awj kms D ean Echols Edge Egan English Garner Gillis Harris Hasty Henson Hill Hooks Huggins Johnson KLaidndgford MarBab,.le Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Shumake Starr STtaetienberg _T,ayl.or Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Alien Foster Hammill Scott On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Garner of the 30th moved that the Senate stand in recess until 1:15 o'clock P.M., and the motion prevailed. At 12:04 o'clock P.M., the President announced the Senate would stand in recess until 1:15 o'clock P.M. At 1:15 o'clock P.M., Senator Deal of the 49th, President Pro Tempore, called the Sen ate to order. The following general bill and resolution of the House, favorably reported by the com mittees, were read the third time and put upon their passage: HB 263. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st: A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of Georgia income taxa tion, so as to provide a credit against income taxes otherwise due to certain em ployers who provide certain basic skills education to certain employees. Senate Sponsor: Senator Dawkins of the 45th. TUESDAY, FEBRUARY 12, 1991 613 The following Memorandum, as required by law, was read by the Secretary: Department of Audits 254 Washington Street, SW Room 214 Atlanta, Georgia 30334-8400 MEMORANDUM TO: The Honorable William J. Dover, Chairman House Ways and Means Committee FROM: G. W. Hogan, State Auditor Henry M. Huckaby, Director, Office of Planning and Budget DATE: January 30, 1991 SUBJECT Fiscal Note--House Bill 263 (LC 14 5615-EC/l) Income Tax Credit--Basic Skills Education Program This bill would grant an income tax credit to employers who provide or sponsor an approved (by the Department of Technical and Adult Education) basic skills education pro gram for certain employees. The amount of the tax credit would be equal to one-third of the education costs per full-time equivalent student or $150 per full-time equivalent student, whichever is less, and could not exceed the employer's income tax liability for the taxable year. If enacted, this bill would become effective January 1, 1992 and would apply to tax years beginning on or after January 1, 1992. This bill would be a reduction of state tax revenues; however, the exact fiscal impact of this bill cannot be determined as data is not maintained and cannot be predicted on the number of employers who would provide an approved basic skills education program and the number of employees eligible to participate. /s/ G. W. Hogan State Auditor /s/ Henry M. Huckaby, 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: Alien Baldwin Burton Clay Collins Dawkins Dean Echols Edge Egan Foster Garner Gillis Hammill Harris Hill Hooks Huggins Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson Scott Shumake Tate Taylor Thompson Timmons Turner Tysinger White Those not voting were Senators: Albert Bishop Bowen Broun Coleman Deal (presiding) 614 JOURNAL OF THE SENATE English Hasty Henson Johnson Kidd Langford Ray Starr Steinberg Walker of 22nd Walker of 43rd On the passage of the bill, the yeas were 39, nays 0. The bill, having received the requisite constitutional majority, was passed. HR 156. By Representatives Watts of the 41st and Murphy of the 18th: A resolution designating the Jimmy Lee Campbell Memorial Highway. 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: Alien Baldwin Burton Clay Coleman C,,Doalwli,knm.s s Dean EEdchgoe ls Egan Foster Garner Gillis Hammill Harris Hill Hooks Huggins M,,Moayraeble Newbill POelmrdsuteead Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott rcopiha, utem__a]k,.e, _, . Tlahyolmorpson Timmons Turner Tysinger White Those not voting were Senators: Albert Bishop Bowen Broun Deal (presiding) English Hasty Henson Johnson Kidd Langford Starr Steinberg Walker of 22nd Walker of 43rd On the adoption of the resolution, the yeas were 41, nays 0. The resolution, having received the requisite constitutional majority, was adopted. The following general bill of the Senate, having been read the third time on February 7 and postponed until February 11, was put upon its passage: SB 100. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Chapter 9 of Title 10 of the Official Code of Georgia Annotated, the "Geo. L. Smith II Georgia World Congress Center Act," so as to add two members to the board of governors of the authority; to change provisions relating to the selection and term of service of members; to provide an effective date. TUESDAY, FEBRUARY 12, 1991 615 Senator Dawkins of the 45th offered the following substitute to SB 100: A BILL To be entitled an Act to amend Article 1 of Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to the Geo. L. Smith II Georgia World Congress Center Author ity in general, so as to add two members to the board of governors of the authority; to change provisions relating to the selection and term of service of members; 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. Article 1 of Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to the Geo. L. Smith II Georgia World Congress Center Authority in general, is amended by striking Code Section 10-9-6, relating to the board of governors, and inserting in its place a new Code Section 10-9-6 to read as follows: "10-9-6. (a) The board of governors of the authority shall consist of 11 members. Except as provided in subsection (d) of this Code section, each member shall serve for a term of four years commencing on the expiration of the term of his predecessor and expiring on July 1 of the last year of the term. All members of the board shall be appointed by the Governor of the State of Georgia and shall serve until the appointment and qualification of a succes sor. Said members shall be appointed from the general public; and no person holding any other office of profit or trust under the state, or any political subdivision thereof, shall be appointed to membership. (b) All successors shall be appointed in the same manner as original appointments. Va cancies in office shall be filled in the same manner as original appointments. An appoint ment to fill a vacancy shall be for the unexpired term. No vacancy on the board shall impair the right of the quorum of the remaining members then in office to exercise all rights and perform all duties of the board. (c) The members of the board of governors shall be entitled to and shall be reimbursed for their actual travel expenses necessarily incurred in the performance of their duties and, for each day actually spent in performance of their duties, shall receive the same per diem as do members of the General Assembly. (d) The nine members of the authority in office on January 1, 1991, shall continue in office as members of the board of governors for the remainder of the terms for which they were appointed and until their successors are appointed and qualified hereunder. Appoint ments to the other two positions shall be for initial terms ending July 1, 1993, but their successors shall be appointed to four-year terms as provided in subsection (a) of this Code section." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Senator Dawkins of the 45th asked unanimous consent that the substitute to SB 100 offered by Senator Dawkins of the 45th be withdrawn. The consent was granted, and the substitute to SB 100 offered by Senator Dawkins of the 45th was withdrawn. 616 JOURNAL OF THE SENATE Senator Dawkins of the 45th offered the following amendment: Amend SB 100 by adding on page 1, line 49 between the words "Governor" and "All" the following: "except that the two additional positions shall be appointed for initial terms ending July 1, 1993, but their successors shall be appointed for four year terms". 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: Alien Baldwin Burton Clay Collins EEcdhol.s Egfn English Foster Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Kidd Langford M.M..oayraeble Newbi11 Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake S,,Ttaatrer Tavlor Thompson Timmons Turner Tysinger Walker of 43rd White Those not voting were Senators: Albert Bishop Bowen Broun Coleman Deal (presiding) Garner Johnson Steinberg Walker of 22nd 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 bill of the Senate, having been read the third time on February 5 and postponed until February 7, and on February 7 postponed until February 11, was put upon its passage: SB 143. By Senator Ramsey of the 54th: A bill to amend Code Section 31-9-2 of the Official Code of Georgia Annotated, relating to persons authorized to consent to surgical or medical treatment, so as to change which persons are authorized to consent to surgical or medical treatment. TUESDAY, FEBRUARY 12, 1991 617 The Senate Committee on Health and Human Services offered the following substitute to SB 143: A BILL To be entitled an Act to amend Code Section 31-9-2 of the Official Code of Georgia Annotated, relating to persons authorized to consent to surgical or medical treatment, so as to change which persons are authorized to consent to surgical or medical treatment; to re peal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 31-9-2 of the Official Code of Georgia Annotated, relating to persons authorized to consent to surgical or medical treatment, is amended by striking sub section (a) of said Code section and inserting in lieu thereof a new subsection (a) to read as follows: "(a) In addition to such other persons as may be authorized and empowered, any one of the following persons is authorized and empowered to consent, either orally or otherwise, to any surgical or medical treatment or procedures not prohibited by law which may be sug gested, recommended, prescribed, or directed by a duly licensed physician: (1) Any adult, for himself; (2) Any parent, whether an adult or a minor, for his child having no living spouse; (3) Any married person, whether an adult or a minor, for himself and for his spouse; (4) Any person temporarily standing in loco parentis, whether formally serving or not, for the minor under his care; and any guardian, for his ward; (5) Any female, regardless of age or marital status, for herself when given in connection with pregnancy, or the prevention thereof, or childbirth; or (6) Upon the inability of any adult to consent for himself and in the absence of any person authorized to consent under paragraphs (2) through (5) of this subsection: (A) Any adult child for his parent; (B) In the absence of any adult child, any adult for his brother or sister; or (C) In the absence of any adult child or adult brother or sister, any grandparent." Section 2. All laws and parts of laws in conflict with this Act are repealed. Senator Ramsey of the 54th offered the following amendment: Amend the substitute to SB 143 offered by the Senate Committee on Health and Human Services by adding before the semicolon on line 20 of page 1 the following: ", whether by living will or otherwise". By adding between line 20 and 21 of page 1 the following: "(1-1) Any person authorized to give such consent for the adult under a health care agency complying with Chapter 36 of Title 31, the 'Durable Power of Attorney for Health Care Act';". By striking "(2)" and inserting in its place "(1.1)" on line 13 of page 2. Senator Ramsey of the 54th asked unanimous consent that the amendment offered by Senator Ramsey of the 54th be withdrawn. The consent was granted, and the amendment offered by Senator Ramsey of the 54th was withdrawn. 618 JOURNAL OF THE SENATE Senator Coleman of the 1st offered the following amendment: Amend the substitute to SB 143 offered by the Senate Committee on Health and Human Services by adding on page 2, line 12, after the word "himself the following: "provided that the person consenting has agreed to give consent on the adult's behalf based upon the adult's wishes to the best of the person's knowledge and belief." Senator Coleman of the 1st asked unanimous consent that the amendment offered by Senator Coleman of the 1st be withdrawn. The consent was granted, and the amendment offered by Senator Coleman of the 1st was withdrawn. On the adoption of the substitute to SB 143 offered by the Senate Committee on Health and Human Services, the yeas were 0, nays 34, and the substitute was lost. Senator Ramsey of the 54th offered the following substitute to SB 143: A BILL To be entitled an Act to amend Code Section 31-9-2 of the Official Code of Georgia Annotated, relating to persons authorized to consent to surgical or medial treatment, so as to change which persons are authorized to consent to surgical or medical treatment; to re peal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 31-9-2 of the Official Code of Georgia Annotated, relating to persons authorized to consent to surgical or medical treatment, is amended by striking sub section (a) of said Code section and inserting in lieu thereof a new subsection (a) to read as follows: "(a) In addition to such other persons as may be authorized and empowered, any one of the following persons is authorized and empowered to consent, either orally or otherwise, to any surgical or medical treatment or procedures not prohibited by law which may be sug gested, recommended, prescribed, or directed by a duly licensed physician: (1) Any adult, for himself, whether by living will or otherwise; (1.1) Any person authorized to give such consent for the adult under a health care agency complying with Chapter 36 of Title 31, the 'Durable Power of Attorney for Health Care Act'; (2) Any parent, whether an adult or a minor, for his child having no living spouse; (3) Any married person, whether an adult or a minor, for himself and for his spouse; (4) Any person temporarily standing in loco parentis, whether formally serving or not, for the minor under his care; and any guardian, for his ward; (5) Any female, regardless of age or marital status, for herself when given in connection with pregnancy, or the prevention thereof, or childbirth; or (6) Upon the inability of any adult to consent for himself, provided that the person consenting has agreed to give consent on the adult's behalf based upon the adult's wishes to the best of the person's knowledge and belief, and in the absence of any person authorized to consent under paragraphs (1.1) through (5) of this subsection: (A) Any adult child for his parent; (B) In the absence of any adult child, any adult for his brother or sister; or (C) In the absence of any adult child or adult brother or sister, any grandparent." TUESDAY, FEBRUARY 12, 1991 619 Section 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute to SB 143 offered by Senator Ramsey of the 54th, the yeas were 33, nays 0, and the substitute was adopted. Senator Deal of the 49th, President Pro Tempore, who was presiding, announced that, pursuant to Senate Rule 143, consideration of SB 143 would be suspended and placed on the Senate General Calendar. The President resumed the Chair. The following general bills of the Senate, having been read the third time on February 8 and postponed until February 11, were put upon their passage: SB 178. By Senators Thompson of the 33rd, Newbill of the 56th, Dean of the 31st and Garner of the 30th: A bill to amend Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to criminal trial proceedings, so as to change the provisions regarding closed circuit television testimony by certain children who are victims or witnesses of certain crimes; 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: Alien Baldwin Bishop Bowen Burton C!ay Collms DDeaawl kins Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggms JKoihdndson Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott SOttem b, erg i, , Taylor Thompson Timmons Turner Tysinger Walker of 43rd White Those not voting were Senators: Albert Broun Coleman Shumake Starr Walker of 22nd On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. 620 JOURNAL OF THE SENATE SB 183. By Senators Garner of the 30th and Olmstead of the 26th: 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 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 this Act shall be liable for the cost thereof; 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: Alien Baldwin Bishop Bowen Burton Coleman Collins Dawkins Deal Dean Echols Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Olmstead Perdue Perry Pollard Ragan of 10th Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate Taylor Timmons Tysinger Walker of 43rd White Those voting in the negative were Senators: Clay Newbill Edge Phillips Ragan of 32nd Thompson Those not voting were Senators: Albert Broun Turner Walker of 22nd On the passage of the bill, the yeas were 46, nays 6. The bill, having received the requisite constitutional majority, was passed. The following general bill of the House, having been passed on February 8 and recon sidered on February 11, was put upon its passage: HB 231. By Representatives Davis of the 29th and McKinney of the 35th: A bill to amend Part 2 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the powers of housing authorities to employ se curity personnel, to be known as housing authority police. Senate Sponsor: Senator Shumake of the 39th. TUESDAY, FEBRUARY 12, 1991 621 Senators Scott of the 36th and Langford of the 35th offered the following substitute to HB 231: A BILL To be entitled an Act to amend Part 2 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the powers of housing authorities generally, so as to authorize certain housing authorities to contract with local law enforcement agencies; to provide for the protection and security of the citizens and property of such authority; to require that the police be certified by the Georgia Peace Officer Standards and Training Council; to provide that police shall have the power to make arrests on said property; to authorize certain housing authorities to contract with local governing bodies for police ser vice of local law enforcement agency; 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 2 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the powers of housing authorities generally, is amended by adding at the end thereof a new Code section, to be designated Code Section 8-3-36, to read as follows: "8-3-36. (a) Any housing authority which operates and manages housing projects which have a combined population of 10,000 or more residents shall be authorized to contract for law enforcement personnel within the boundaries of such housing projects, who have the rights, duties, and powers as other peace officers in the state, including the power to enforce the laws of this state; to preserve the public order; to protect life and property; to prevent, detect, or investigate any crime; or any combination of such powers. (b) As a condition precedent to the exercise of law enforcement powers pursuant to subsection (a) of this Code section, the police officer must be certified by the Georgia Peace Officer Standards and Training Council as having met the qualifications and having com pleted the basic training requirements for a peace officer under Chapter 8 of Title 35. (c) Within the parameters of property operated and managed by a housing authority, a police officer who is certified in accordance with subsection (b) of this Code section shall have the law enforcement powers, including the power of arrest, as a law enforcement officer of the local government with police jurisdiction over such housing authority property. (d) Any housing authority authorized by subsection (a) of this Code section to employ security personnel shall contract with the local governing authority which has police juris diction over such housing authority property for special police services to be provided by the local law enforcement agency within the boundaries of property operated and managed by such housing authority." Section 2. All laws and parts of laws in conflict with this Act are repealed. Senator Shumake of the 39th moved the previous question. Senator Moye of the 34th moved that HB 231 be committed to the Senate Committee on Judiciary. The President announced that the motion for the previous question takes precedence. On the motion offered by Senator Shumake of the 39th for the previous question, Sena tor Shumake of the 39th called for the yeas and nays; the call was sustained, and the vote was as follows: Those voting in the affirmative were Senators: Bishop Burton Deal Egan Foster Hooks 622 JOURNAL OF THE SENATE Kidd Newbill Phillips Ragan of 10th Shumake Walker of 43rd Those voting in the negative were Senators: Albert Alien Baldwin Bowen Broun Clay Coleman Collins Dawkins Dean Echols Edge English Garner Gillis Hammill Harris Hasty Henson Hill Huggins Langford Marable Moye Olmstead Perdue Perry Pollard Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger White Not voting were Senators Johnson and Walker of the 22nd. On the motion offered by Senator Shumake of the 39th, the yeas were 12, nays 42; the motion was lost, and the previous question was not ordered. On the motion offered by Senator Moye of the 34th, the yeas were 42, nays 9, and HB 231 was committed to the Senate Committee on Judiciary. The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage: SB 126. By Senator English of the 21st: A bill to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to change the pro visions relating to eggs; to provide for definitions; to provide for classification of The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson TUESDAY, FEBRUARY 12, 1991 623 Scott Shumake Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Not voting was Senator Moye. On the passage of the bill, the yeas were 55, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 150. By Senators Scott of the 36th, Kidd of the 25th, Egan of the 40th, Bishop of the 15th, Steinberg of the 42nd and others: A bill to provide for an instantaneous background check of prospective purchas ers of firearms; to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving dangerous instrumentalities and practices, so as to regulate the sale of firearms through dealers; to define certain terms; to prohibit certain individuals from purchasing or transporting firearms. The Senate Committee on Judiciary offered the following substitute to SB 150: A BILL To be entitled an Act to provide for an instantaneous background check of prospective purchasers of firearms; to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving dangerous instrumentalities and practices, so as to regulate the sale of firearms through dealers; to define certain terms; to prohibit certain individuals from purchasing or transporting firearms; to provide that before purchasing a firearm an individual shall be required to make application to a dealer; to require that certain information be furnished on the application; to provide for the giving of consent for certain background checks; to provide for a background check of individuals to determine past criminal activity or involuntary hospitalization in a mental health facility; to provide procedures; to make it unlawful for a dealer to sell or transfer a firearm to any individual except pursuant to certain conditions and procedures; to provide exceptions; to provide for certain records and reports; to provide for penalties for the failure of a licensed firearms dealer to file proper remittances and to pay over to the state the requisite fees; to prohibit the giving of false information; to provide penalties; to provide exceptions; to pro vide for fees and the disposition thereof; to provide that certain persons who are prohibited from purchasing or transporting a firearm based on a background check shall be entitled to a hearing before the judge of the probate court; to provide procedures; to authorize the probate judge to make a determination as to a person's competency to possess or transport a firearm; to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Anno tated, relating to the Georgia Crime Information Center, so as to require the Georgia Crime Information Center and the director of such center to perform certain duties with respect to furnishing certain information to firearms dealers concerning prospective purchasers or transferees of firearms; to require the center to provide certain information to a prospective purchaser or transferee of a firearm; to amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs in probate courts, so as to provide a fee for conducting a hearing to determine eligibility to purchase a firearm; to amend Code Section 37-3-166, Code Section 37-4-125, and Code Section 37-7-166 of the Official Code of Georgia Anno tated, relating to the maintenance, confidentiality, and release of clinical records generally, so as to authorize the release of certain information to the director of the Georgia Crime Information Center or his designee conducting a mental health records search pursuant to certain laws; to repeal conflicting laws; and for other purposes. 624 JOURNAL OF THE SENATE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, is amended by adding at the end thereof a new Part 5 to read as follows: "Part 5 Subpart 1 16-11-170. As used in this part, the term: (1) 'Antique handgun or pistol' means any handgun or pistol, including those with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured in or before 1898 and any replica of such a handgun or pistol if such replica: (A) Is not designed or redesigned for using rimfire or conventional center-fire fixed am munition; or (B) Uses rimfire or conventional center-fire fixed ammunition which is no longer manu factured in the United States and which is not readily available in the ordinary channels of commercial trade. (2) 'Bureau' means the Georgia Bureau of Investigation. (3) 'Center' means the Georgia Crime Information Center within the Georgia Bureau of Investigation. (4) 'Dealer' means any person licensed as a dealer pursuant to 18 U.S.C. Section 921, et seq. (5) 'Firearm' includes any firearm for which a Form 4473 is required at the time of sale or transfer pursuant to the rules and regulations of the Bureau of Alcohol, Tobacco, and Firearms of the United States Department of the Treasury; provided, however, that the term 'firearm' shall not mean an antique handgun or pistol as defined in paragraph (1) of this Code section. 16-11-171. In addition to other provisions of law relating to prohibitions against pos sessing or transporting a firearm, any individual who has been involuntarily hospitalized in any mental health facility within five years immediately preceding the date of an applica tion for a firearm shall be prohibited from possessing or transporting a firearm; provided, however, that, if after a hearing as provided in Code Section 16-11-176, the probate judge determines that based on the evidence such applicant is not a danger to himself or others, such applicant shall not be deemed ineligible to purchase a firearm as a result of being involuntarily hospitalized in a mental health facility. 16-11-172. (a) Any person purchasing from a dealer a firearm shall consent in writing, on a form to be provided by the bureau, to have the dealer obtain criminal history record and mental health record information. (b) (1) No dealer shall sell, trade, or transfer from his inventory any such firearm or rent any such firearm, if such rental involves the firearm's removal from the premises, to any other person who is a resident of Georgia until he has: (A) Obtained written consent as specified in subsection (a) of this Code section and provided the center with the name, birth date, gender, race, and social security or any other identification number of that person and a description of any visible scars, tattoos, or other visible marks that may assist in the identification of such person; and (B) Requested and received criminal history record and mental health record informa tion by a telephone call to the center. (2) Upon receipt of the request for a criminal history record and mental health record information check, the center shall: (A) Review its criminal history record and mental health record information to deter- TUESDAY, FEBRUARY 12, 1991 625 mine if the buyer or transferee is prohibited from possessing or transporting a firearm by state or federal law; (B) Inform the dealer by a simple yes or no answer as to whether its records indicate that the buyer or transferee is eligible for or prohibited from possessing or transporting a firearm by state or federal law; and (C) Provide the dealer with a unique reference number for that inquiry. (3) The center shall attempt to provide its response to the requesting dealer during the dealer's call but in no event more than 30 minutes from the time the call is received unless there is a technological breakdown of the center's computer system. In such event, the re sponse shall be made to the dealer within 30 minutes after the computer service is restored. If the criminal history record and mental health record information check indicates that the prospective purchaser or transferee has a criminal record or has been involuntarily hospital ized in a mental health facility within the immediately preceding five years, the center shall have until the end of the dealer's next business day to advise the dealer if its records indi cate the buyer or transferee is prohibited from possessing or transporting a firearm by state or federal law. If not so advised by the end of the dealer's next business day, a dealer who has fulfilled the requirements of paragraphs (1) and (2) of this subsection may immediately complete the sale or transfer and shall not be deemed in violation of this Code section with respect to such sale or transfer. In case of electronic failure or other circumstances beyond the control of the center, the dealer shall be advised immediately of the reason for such delay and be given an estimate of the length of such delay. After such notification, the center shall, as soon as possible but in no event later than the end of the dealer's next business day, inform the requesting dealer if its records indicate the buyer or transferee is prohibited from possessing or transporting a firearm by state or federal law. A dealer who fulfills the requirements of paragraphs (1) and (2) of this subsection and is told by the center that a response will not be available by the end of the dealer's next business day may immediately complete the sale or transfer and shall not be deemed in violation of this Code section with respect to such sale or transfer. (4) Except as required by rules of the Georgia Crime Information Center Council, the center shall not maintain records longer than 30 days from any dealer's request for a crimi nal history record and mental health record information check pertaining to a buyer or transferee who is not found to be prohibited from possessing or transporting a firearm under state or federal law. However, the log on requests made may be maintained for a period of 12 months. (5) Within 24 hours following the sale or transfer of any firearm, the dealer shall mail or deliver the written consent form required by subsection (a) of this Code section to the center. The center shall immediately initiate a search of all available criminal history record and mental health record information to determine if the purchaser is prohibited from pos sessing or transporting a firearm under state or federal law. If the search discloses informa tion indicating that the buyer or transferee is so prohibited from possessing or transporting a firearm, the center shall inform the chief law enforcement officer or his designee in the jurisdiction where the sale or transfer occurred and the dealer without delay. (c) No dealer shall sell, trade, or transfer from his inventory any firearm or rent any such firearm, if such rental involves the firearm's removal from the premises, to any person who is not a resident of Georgia unless he has first obtained from the center a report indi cating that a search of all available criminal history record and mental health record infor mation has not disclosed that the person is prohibited from possessing or transporting a firearm under state or federal law. The dealer shall obtain the required report by mailing or delivering the written consent form required under subsection (a) of this Code section to the center within 24 hours of its execution. If the dealer has complied with the provisions of this subsection and has not received the required report from the center within ten days from the date the written consent form was mailed to the center, he shall not be deemed in violation of this Code section for thereafter completing the sale or transfer. 626 JOURNAL OF THE SENATE (d) Nothing in this subpart shall prevent a resident of this state, at his option, from buying, renting, or receiving a firearm from a dealer by obtaining a criminal history record and mental health record information check through the dealer as provided in subsection (c) of this Code section. (e) If any buyer or transferee is denied the right to purchase a firearm under this Code section, he may exercise his right of access to and review and correction of criminal history record and mental health record information under Code Section 35-3-37. (f) Any dealer who willfully and intentionally request, obtains, or seeks to obtain crimi nal history record or mental health record information under false pretenses or who willfully and intentionally disseminates or seeks to disseminate criminal history record or mental health record information except as authorized in this Code section or who violates any other provision of this Code section shall be guilty of a misdemeanor. (g) The Georgia Crime Information Center Council shall promulgate rules and regula tions to ensure the identity, confidentiality, and security of all records and data provided by the center pursuant to this Code section. 16-11-173. The provisions of this part shall not apply to: (1) Transactions between persons who are licensed as firearm importers or collectors, manufacturers, or dealers pursuant to 18 U.S.C. Section 921, et seq.; (2) Purchases by or sales to any person exempted under Code Section 16-11-130; (3) Antique handguns or pistols; (4) Any individual evidencing to a dealer a license to carry a pistol or revolver pursuant to Code Section 16-11-129; or (5) Any firearm deposited with a pawnbroker as pledged goods as such term is defined in paragraph (3) of Code Section 44-12-130 if such firearm is redeemed or repurchased by the person making such deposit. 16-11-174. (a) All licensed firearms dealers shall collect a fee of $10.00 for every transac tion for which a criminal history record and mental health record information check is re quired pursuant to this part, except that a fee of $20.00 shall be collected for every transac tion involving an out-of-state resident. A dealer shall retain 25 percent of each such fee to cover the processing of such criminal history record and mental health record information checks and the remaining amount of each such fee shall be transmitted to the bureau by the twentieth day of the month following the sale. The bureau shall pay such fees into the general fund of the state treasury. (b) When any dealer fails to pay the full amount of the portion of the fees required in subsection (a) of this Code section, there shall be imposed, in addition to other penalties provided by law, a penalty to be added to the fees in the amount of 5 percent of all unpaid fees or $5.00, whichever is greater, if the failure is for not more than 30 days and an addi tional 5 percent or $5.00, whichever is greater, for each additional 30 days or fraction of 30 days during which the failure continues. The penalty for any single violation shall not ex ceed 25 percent or $25.00 in the aggregate, whichever is greater. If the failure is due to providential cause shown to the satisfaction of the director of investigation in affidavit form attached to the remittance and made within ten days of due date, the remittance may be accepted exclusive of penalties and interest. In the case of a false or fraudulent remittance or of a failure to file a remittance where willful intent exists to defraud the state of any fees due under this part, a penalty of 50 percent of all fees due shall be assessed. 16-11-175. (a) Any person willfully and intentionally making a materially false state ment on the consent form required in Code Section 16-11-172 shall be guilty of a felony and shall be punished by a fine of not more than $1,000.00 or by imprisonment for not less than one nor more than five years, or both. (b) (1) Except as provided in subsection (f) of Code Section 16-11-172, any dealer who willfully and intentionally sells, rents, trades, or transfers a firearm in violation of this part TUESDAY, FEBRUARY 12, 1991 627 shall be guilty of a felony and shall be punished by a fine of not more than $1,000.00 or by imprisonment for not less than one nor more than five years, or both. (2) The center shall report the name of any dealer convicted under this subsection to the Bureau of Alcohol, Tobacco, and Firearms of the federal Department of Treasury. Subpart 2 16-11-180. Any individual who is prohibited from purchasing a firearm pursuant to Code Section 16-11-171 may request and shall be afforded a hearing before the judge of the probate court in which the individual shall have an opportunity to substantiate his eligibil ity to purchase a firearm. In any case involving the mental competency of an individual, the probate judge may require the individual to sign a waiver authorizing any mental health facility to inform the judge whether or not the individual has been an inpatient in any such facility in the immediately preceding five years and authorizing the superintendent of such facility or the individual's current physician to make to the judge a recommendation regard ing whether the individual should be permitted to purchase a firearm. The judge shall keep any such hospitalization or treatment information confidential. It shall be at the discretion of the probate judge, considering the circumstances surrounding the hospitalization and any recommendation of the superintendent of the mental health facility where the individual was a patient or the individual's current physician, whether to consent to the individual's purchase of a firearm. 16-11-181. If, after the hearing, the probate judge determines that based on the evi dence such individual is not a danger to himself or others and is eligible to purchase a firearm, the judge shall issue an order in writing directing the center to purge its records of the individual's name. If the probate judge determines that the individual is not eligible to purchase a firearm, such eligibility shall be denied and the order thereof shall be retained by the probate court with the reasons for such denial noted thereon or attached thereto." Section 2. Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, is amended by adding between subsec tions (d) and (e) of Code Section 35-3-34, relating to the dissemination of records by the Georgia Crime Information Center and local criminal justice systems to private persons and businesses, a new subsection (d.l) to read as follows: "(d.l) (1) The center shall be authorized and directed to review its criminal history record and mental health record information and to report to each dealer, as defined in paragraph (4) of Code Section 16-11-170, as to whether a named prospective buyer or trans feree of a firearm is prohibited from possessing or transporting a firearm by state or federal law pursuant to the requirements of Part 5 of Article 4 of Chapter 11 of Title 16. The director of the center shall establish with adequate staff and adequate telephone lines a toll free telephone number which shall be operational seven days a week between the hours of 8:00 A.M. and 10:00 P.M. for purposes of responding as quickly as possible to inquiries from licensed firearms dealers pursuant to the provisions of Code Section 16-11-172. (2) The records of the Georgia Crime Information Center shall include information as to whether a person has been involuntarily hospitalized in a mental health facility within the immediately preceding five years. In order to carry out the provisions of this Code sec tion and Code Section 16-11-172, the Georgia Crime Information Center shall be provided such information and no other mental health information from the mental health records of the Department of Human Resources in a manner agreed upon by the Department of Human Resources and the Georgia Bureau of Investigation to meet the requirements of this Code section and Code Section 16-11-172 and to preserve the confidentiality of patients' rights in all other respects." Section 3. Said Article 2 of Chapter 3 of Title 35 is further amended by adding at the end of Code Section 35-3-37, relating to the inspection of criminal records, a new subsection (f) to read as follows: "(f) If the center has notified a firearms dealer that a person is prohibited from possess ing or transporting a firearm pursuant to Code Section 16-11-172 and if the prohibition is 628 JOURNAL OF THE SENATE the result of such person's being involuntarily hospitalized in a mental health facility within the immediately preceding five years, upon such person or his attorney making an applica tion to inspect his criminal records, the center shall provide the record of hospitalization and also inform the person or attorney of his right to a hearing before the judge of the probate court relative to such person's eligibility to possess or transport a firearm." Section 4. Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs in the probate courts, is amended by adding at the end of subsection (a) a new para graph (29) to read as follows: "(29) For hearing to determine eligibility to purchase a firearm ........... 30.00" Section 5. Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs in the probate courts, is amended by adding at the end of paragraph (1) of subsection (e) a new subparagraph (CC) to read as follows: "(CC) For hearing to determine eligibility to purchase a firearm ........... 30.00" Section 6. Code Section 37-3-166 of the Official Code of Georgia Annotated, relating to the maintenance, confidentiality, and release of clinical records generally, is amended by striking in its entirety paragraph (9) of subsection (a) and inserting in lieu thereof a new paragraph (9) to read as follows: "(9) Notwithstanding any other provision of law to the contrary, a law enforcement officer in the course of a criminal investigation may be informed as to whether a person is or has been a patient in a state facility, as well as the patient's current address, if known. The director of the Georgia Crime Information Center or his designee, pursuant to a mental health records search as authorized in Code Sections 16-11-172 and 35-3-34, may be in formed as to whether a person has been involuntarily hospitalized in a mental health facility within the immediately preceding five years." Section 7. Code Section 37-4-125 of the Official Code of Georgia Annotated, relating to the maintenance, confidentiality, and release of clinical records generally, is amended by striking in its entirety paragraph (9) of subsection (a) and inserting in lieu thereof a new paragraph (9) to read as follows: "(9) Notwithstanding any other provision of law to the contrary, a law enforcement officer in the course of a criminal investigation may be informed as to whether a person is or has been a client in a state facility, as well as the client's current address, if known. The director of the Georgia Crime Information Center or his designee, pursuant to a mental health records search as authorized in Code Sections 16-11-172 and 35-3-34, may be in formed as to whether a person has been involuntarily hospitalized in a mental health facility within the immediately preceding five years;". Section 8. Code Section 37-7-166 of the Official Code of Georgia Annotated, relating to the maintenance, confidentiality, and release of clinical records, is amended by striking in their entirety paragraphs (7) and (8) of subsection (a) and inserting in lieu thereof new paragraphs (7), (8), and (9) to read as follows: "(7) Except for matters privileged under the laws of this state, the record shall be pro duced in response to a court order issued by a court of competent jurisdiction pursuant to a full and fair show cause hearing; (8) Parts of the patient's clinical record may be released under the conditions and for the uses and purposes set forth in Code Section 31-7-6; and (9) Notwithstanding any other provision of law to the contrary, the director of the Georgia Crime Information Center or his designee, pursuant to a mental health records search as authorized in Code Sections 16-11-172 and 35-3-34, may be informed as to whether a person has been involuntarily hospitalized in a mental health facility within the immediately preceding five years." Section 9. All laws and parts of laws in conflict with this Act are repealed. TUESDAY, FEBRUARY 12, 1991 629 Senators Baldwin of the 29th and Scott of the 36th offered the following amendment: Amend the substitute to SB 150 offered by the Senate Committee on Judiciary by ad ding in the title on line 19 of page 2, between the semicolon and the word "to", the following: "to provide an effective date;". By striking from lines 23 and 24 of page 5 the following: "have until the end of the dealer's next business day". By striking from line 28 of page 5 the following: "by the end of the dealer's next business day". By adding between lines 16 and 17 on page 15 the following: "Section 9. This Act shall become effective July 1, 1992." By renumbering Section 9 on lines 17 and 18 on page 15 as Section 10. Senator Thompson of the 33rd offered the following amendment: Amend the amendment offered by Senators Baldwin of the 29th and Scott of the 36th to the substitute to SB 150 offered by the Senate Committee on Judiciary by adding on page 1, line 6, between "effective" and "date" the following: "and termination"; and by adding on page 1, line 16, after "1992" the following: ", and shall stand repealed July 1, 1995". On the adoption of the amendment, the yeas were 45, nays 3, and the amendment of fered by Senator Thompson of the 33rd to the amendment offered by Senators Baldwin of the 29th and Scott of the 36th to the substitute to SB 150 offered by the Senate Committee on Judiciary was adopted. On the adoption of the amendment offered by Senators Baldwin of the 29th and Scott of the 36th, the yeas were 47, nays 0, and the amendment was adopted as amended. Senators Deal of the 49th, Kidd of the 25th and Garner of the 30th offered the follow ing amendment: Amend the substitute to SB 150 offered by the Senate Committee on Judiciary by strik ing in their entirety lines 19 through 26 on page 3, which read as follows: "(5) 'Firearm' includes any firearm for which a Form 4473 is required at the time of sale or transfer pursuant to the rules and regulations of the Bureau of Alcohol, Tobacco, and Firearms of the United States Department of the Treasury; provided, however, that the term 'firearm' shall not mean an antique handgun or pistol as defined in paragraph (1) of this Code section.", and inserting in lieu thereof the following: "(5) 'Firearm' means any conventional pistol or revolver using a fixed cartridge contain ing a propellent charge, primer, and projectile and designed to be aimed or fired otherwise than from the shoulder and which fires a single shot for each pressure on the trigger device." Senator Deal of the 49th offered the following amendment: Amend the amendment offered by Senators Deal of the 49th, Kidd of the 25th and Garner of the 30th to the substitute to SB 150 offered by the Senate Committee on 630 JOURNAL OF THE SENATE Judiciary by striking on line 20 of the amendment the period (.) and substituting in lieu thereof the following: "; provided, however, that the term 'firearm' shall not mean an antique handgun or pistol as defined in paragraph (1) of this Code section." On the adoption of the amendment, the yeas were 48, nays 0, and the amendment of fered by Senator Deal of the 49th to the amendment offered by Senators Deal of the 49th, Kidd of the 25th and Garner of the 30th to the substitute to SB 150 offered by the Senate Committee on Judiciary was adopted. On the adoption of the amendment offered by Senators Deal of the 49th, Kidd of the 25th and Garner of the 30th, the yeas were 47, nays 0, and the amendment was adopted as amended. Senator Baldwin of the 29th offered the following amendment: Amend the substitute to SB 150 offered by the Senate Committee on Judiciary by strik ing from line 24 of page 5 the following: On the adoption of the amendment, the yeas were 49, nays 0, and the amendment of fered by Senator Baldwin of the 29th to the substitute to SB 150 offered by the Senate Committee on Judiciary was adopted. On the adoption of the substitute, the yeas were 48, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Coleman DL/aaW wKkilInlbs Deaj Dean Edge Egan Foster Garner Hammill Harris H, e,nson Johnson Kidd Langford Moye Olmstead Ragan of 32nd Robinson Scott Shumake ,S,,te.inberg Tate Thompson Tysinger Walker of 22nd Walker of 43rd Those voting in the negative were Senators: Bowen Burton Clav. CEch[honlss English GiHis Hasty Hill Hooks Huggins Marable N,, ew,bill Perdue Perry Phillips Pollard Ragan of 10th Ramsey Ray S,,tar,r Taylor Timmons Turner White TUESDAY, FEBRUARY 12, 1991 631 On the passage of the bill, the yeas were 31, nays 25. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Olmstead of the 26th moved that SB 150 be immediately transmitted to the House. On the motion, the yeas were 34, nays 1; the motion prevailed, and SB 150 was immedi ately transmitted to the House. Senator Garner of the 30th moved that the Senate do now adjourn until 9:15 o'clock A.M. tomorrow, and the motion prevailed. At 3:35 o'clock P.M., the President announced the Senate adjourned until 9:15 o'clock A.M. tomorrow. 632 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Wednesday, February 13, 1991 Twentieth Legislative Day The Senate met pursuant to adjournment at 9:15 o'clock A.M. today and was called to order by the President. Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House: HB 619. By Representative Ray of the 98th: A bill to amend an Act providing a new charter for the City of Fort Valley, so as to change the time for holding municipal elections; to change the qualifications for office of mayor or alderman. HB 424. By Representatives McKinney of the 40th, Redding of the 50th, Davis of the 29th and Thomas of the 55th: A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, so as to author ize additional state grants to hospital authorities for public health purposes. HB 403. By Representative Thomas of the 69th: 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 provide that the annual advertisement of the date of the monthly board meeting may be published in a newspaper having a general circulation in the county at least equal to that of the legal organ of the county. HB 469. By Representatives Thomas of the 69th, Chambless of the 133rd, Lee of the 72nd and Groover of the 99th: 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 the time of a crime, so as to provide that the Department of Human Resources shall have the independent right once every 12 months to request a release hearing for a defendant; to provide for criteria for the court to maintain custody and control of the defendant. HB 328. By Representative Edwards of the 112th: A bill to amend Code Section 31-22-4 of the Official Code of Georgia Annotated, relating to the examination of human specimens by clinical laboratories, so as to provide that nothing in said Code section shall be construed to prohibit such examination at the request of a licensed doctor of chiropractic. WEDNESDAY, FEBRUARY 13, 1991 633 HB 143. By Representative Watson of the 114th: A bill to amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, so as to change the defini tion of certain terms. HB 268. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Hamilton of the 124th: A bill to amend Chapter 7 of Title 28 of the Official Code of Georgia Annotated, relating to lobbying and representation by agents in the General Assembly, so as to require persons representing departments, boards, agencies, associations, com missions, councils, and other entities of state government to register with the Secretary of State. HB 358. By Representatives Barnett of the 10th, Parham of the 105th and Harris of the 84th: A bill to amend Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to restoration of drivers' licenses after completion of defen sive driving course or alcohol and drug program, so as to provide for criminal records checks and determinations based thereon for operators and instructors of DUI alcohol or drug use risk reduction programs. HB 400. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th, Wil liams of the 90th, Culbreth of the 97th and others: A bill to amend Chapter 20 of Title 33 of the Official Code of Georgia Annotated, relating to health care plans, so as to provide for purpose and construction; to revise provisions regarding formation of health care corporations. HB 480. By Representative Bostick of the 138th: A bill to amend Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, so as to change the amount of certain au thorized service charges with respect to selling certain tickets or other evidences of right of entry. HB 324. By Representatives Cummings of the 134th, McKinney of the 35th, Thomas of the 55th, Brooks of the 34th, Chambless of the 133rd and others: A bill to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to provide that it shall be unlawful for a person to knowingly sell any real or personal property in exchange for any criminally de rived property. HB 482. By Representatives Murphy of the 18th and Martin of the 26th: A bill to amend Code Section 31-8-155 of the Official Code of Georgia Annotated, relating to rules for expansions of eligibility funded by the Indigent Care Trust Fund, so as to change when contributions may be made. HB 280. By Representatives Pettit of the 19th and Watson of the 114th: A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities, so as to add a new Chapter 3A requiring integrated resource planning by electric utilities. HB 283. By Representatives Dover of the llth, Godbee of the 110th, Royal of the 144th, Harris of the 84th, Barnett of the 10th and others: A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for current use valu- 634 JOURNAL OF THE SENATE ation and taxation of bona fide conservation use property and bona fide residen tial transitional property; to provide for the ad valorem taxation of timber. The House has adopted by the requisite constitutional majority the following resolu tions of the House and Senate: HR 162. By Representatives Connell of the 87th and Murphy of the 18th: A resolution naming the "Steve Polk Plaza". SR 15. By Senator Kidd of the 25th: A resolution designating the 441 By-Pass Highway around the City of Eatonton as the J. P. Marshall By-Pass. The House has agreed to the Senate substitute to the following bill of the House: HB 462. By Representative Harris of the 84th: A bill to amend an Act placing the county officers of McDuffie County on an annual salary, so as to provide for appointment of a deputy coroner by the coro ner; to provide for the salary of the deputy coroner. The House has adopted by the requisite constitutional majority the following resolution of the Senate: SR 154. By Senators Collins of the 17th and Starr of the 44th: A resolution commending Clayton County Sheriff D. G. "Bill" Lemacks. The following bills and resolutions of the Senate were introduced, read the first time and referred to committees: SB 301. By Senators Steinberg of the 42nd, Walker of the 43rd, Tysinger of the 41st and others: A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of judges of superior courts, so as to provide for a tenth judge of the superior courts of the Stone Mountain Judicial Circuit of Georgia; to provide for the appointment of the first such additional judge by the Governor; to provide for the election of successors to the judge initially appointed. Referred to Committee on Judiciary. SB 307. By Senator Kidd of the 25th: A bill to amend Code Section 40-2-20 of the Official Code of Georgia Annotated, relating to motor vehicle registration and licensing requirements, so as to require auto rental companies to register and license in the State of Georgia all vehicles owned by such companies or primarily rented by such companies in the State of Georgia. Referred to Committee on Special Judiciary. SB 308. By Senator Ramsey of the 54th: A bill to amend Article 3 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to proceedings for forfeiture of bonds and recognizances, so as to extend the maximum time limit during which a court may order an execu tion hearing from 150 days after the failure of the principal to appear to 200 days; to change from two years to five years the time in which a surety has to WEDNESDAY, FEBRUARY 13, 1991 635 locate and produce a principal who fails to appear in order to be refunded 50 percent of the bond payment. Referred to Committee on Judiciary. SB 309. By Senators Edge of the 28th and Thompson of the 33rd: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to define the authority of public adjusters; to prohibit contingent fee contracts; to provide that it shall be prohibited for a public adjuster to sug gest or advise the employment of or give the name of an attorney to any insured or to accept referral fees or compensation from an attorney; to provide for pun ishment; to provide an effective date. Referred to Committee on Special Judiciary. SB 310. By Senators Deal of the 49th, Edge of the 28th and Baldwin of the 29th: A bill to amend Article 7 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to continuances, so as to provide for an additional ground for a continuance because of attendance of a party or an attorney at the General Assembly by reason of such person's service on the staff of the General Assembly. Referred to Committee on Judiciary. SB 311. By Senator English of the 21st: A bill to amend Code Section 1-3-3 of the Official Code of Georgia Annotated, relating to definitions in the laws and statutes, so as to add definitions for agri culture, agricultural operations, agricultural or farm products, crops, and growing crops. Referred to Committee on Agriculture. SB 312. By Senators Baldwin of the 29th and Edge of the 28th: A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide that a school bus driver charged and convicted of driving under the influence of alcohol or drugs while driving a school bus or other school vehicle shall be imprisoned for a period of not less than one year nor more than five years; to provide for a fine. Referred to Committee on Judiciary. SB 313. By Senators Hammill of the 3rd and Gillis of the 20th: A bill to amend Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to education in general, so as to make it a misdemeanor to buy, sell, create, duplicate, alter, give, or obtain a document which purports to signify merit or achievement conferred by an institution of education; to provide for penalties. Referred to Committee on Higher Education. SB 314. By Senators Hammill of the 3rd and Echols of the 6th: A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of judges of superior courts, so as to provide for a fifth judge of the superior courts of the Brunswick Judicial Circuit of Georgia; to provide for the appointment of the first such additional judge by the Governor; to provide for the election of successors to the judge initially appointed. Referred to Committee on Judiciary. 636 JOURNAL OF THE SENATE SB 315. By Senators Newbill of the 56th, Shumake of the 39th, Moye of the 34th and others: A bill to amend Code Section 15-11-41 of the Official Code of Georgia Annotated, relating to limitations of time on orders of disposition committing a delinquent or unruly child to the Division of Youth Services, so as to provide for additional periodic reviews for cases of children in foster care under the supervision of the Division of Family and Children Services of the Department of Human Resources. Referred to Committee on Youth, Aging and Human Ecology. SB 316. By Senator Shumake of the 39th: A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to revise fees for clerks of superior courts in counties with a population of 550,000 or more; to provide for disposition of such fees; to provide a contingent effective date. Referred to Committee on Urban and County Affairs (General). SB 317. By Senator Shumake of the 39th: A bill to amend Chapter 15 of Title 9 of the Official Code of Georgia Annotated, relating to costs in civil cases, so as to eliminate cross-references to Code Section 15-6-77.2, relating to total costs for clerk's services in counties with a population of 450,000 or more; to provide a contingent effective date. Referred to Committee on Urban and County Affairs (General). SB 318. By Senator Shumake of the 39th: A bill to amend Code Section 15-6-77.1 of the Official Code of Georgia Anno tated, relating to additional fees for clerks of superior courts in counties with a population of 550,000 or more, so as to change the population classification; to provide a contingent effective date. Referred to Committee on Urban and County Affairs (General). SR 173. By Senators Ramsey of the 54th and Deal of the 49th: A resolution creating the Senate School Finance Study Committee. Referred to Committee on Rules. SR 174. By Senators Hammill of the 3rd, Harris of the 27th and Clay of the 37th: A resolution designating the week of April 7 through 13, 1991, as "Georgia County Government Week". Referred to Committee on Rules. SR 177. By Senator Shumake of the 39th: A resolution relative to the acquisition of Atlanta Area Technical School by the Board of Regents of the University System of Georgia. Referred to Committee on Higher Education. SR 179. By Senator English of the 21st: A resolution urging the Board of Natural Resources to adopt appropriate mea sures to exempt newly installed landscaping from local watering restrictions. Referred to Committee on Agriculture. WEDNESDAY, FEBRUARY 13, 1991 637 SR 180. By Senators Taylor of the 12th, Hooks of the 14th, Perry of the 7th and others: A resolution designating the developmental highway, known as "Corridor Z," as the "South Georgia Parkway". Referred to Committee on Transportation. The following bills and resolution of the House were read the first time and referred to committees: HB 143. By Representative Watson of the 114th: A bill to amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, so as to change the defini tion of certain terms. Referred to Committee on Insurance and Labor. HB 268. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Hamilton of the 124th: A bill to amend Chapter 7 of Title 28 of the Official Code of Georgia Annotated, relating to lobbying and representation by agents in the General Assembly, so as to require persons representing departments, boards, agencies, associations, com missions, councils, and other entities of state government to register with the Secretary of State. Referred to Committee on Governmental Operations. HB 280. By Representatives Pettit of the 19th and Watson of the 114th: A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities, so as to add a new Chapter 3A requiring integrated resource planning by electric utilities. Referred to Committee on Finance and Public Utilities. HB 283. By Representatives Dover of the llth, Godbee of the 110th, Royal of the 144th and others: A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for current use valu ation and taxation of bona fide conservation use property and bona fide residen tial transitional property; to provide for the ad valorem taxation of timber. Referred to Committee on Finance and Public Utilities. HB 324. By Representatives Cummings of the 134th, McKinney of the 35th, Thomas of the 55th and others: A bill to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to provide that it shall be unlawful for a person to knowingly sell any real or personal property in exchange for any criminally de rived property. Referred to Committee on Special Judiciary. HB 328. By Representative Edwards of the 112th: A bill to amend Code Section 31-22-4 of the Official Code of Georgia Annotated, relating to the examination of human specimens by clinical laboratories, so as to provide that nothing in said Code section shall be construed to prohibit such examination at the request of a licensed doctor of chiropractic. Referred to Committee on Health and Human Services. 638 JOURNAL OF THE SENATE HB 358. By Representatives Barnett of the 10th, Parham of the 105th and Harris of the 84th: A bill to amend Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to restoration of drivers' licenses after completion of defen sive driving course or alcohol and drug program, so as to provide for criminal records checks and determinations based thereon for operators and instructors of DUI alcohol or drug use risk reduction programs. Referred to Committee on Public Safety. HB 400. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th and others: A bill to amend Chapter 20 of Title 33 of the Official Code of Georgia Annotated, relating to health care plans, so as to provide for purpose and construction; to revise provisions regarding formation of health care corporations. Referred to Committee on Insurance and Labor. HB 403. By Representative Thomas of the 69th: 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 provide that the annual advertisement of the date of the monthly board meeting may be published in a newspaper having a general circulation in the county at least equal to that of the legal organ of the county. Referred to Committee on Education. HB 424. By Representatives McKinney of the 40th, Redding of the 50th, Davis of the 29th and Thomas of the 55th: A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, so as to author ize additional state grants to hospital authorities for public health purposes. Referred to Committee on Health and Human Services. HB 469. By Representatives Thomas of the 69th, Chambless of the 133rd, Lee of the 72nd and Groover of the 99th: 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 the time of a crime, so as to provide that the Department of Human Resources shall have the independent right once every 12 months to request a release hearing for a defendant; to provide for criteria for the court to maintain custody and control of the defendant. Referred to Committee on Judiciary. HB 480. By Representative Bostick of the 138th: A bill to amend Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, so as to change the amount of certain au thorized service charges with respect to selling certain tickets or other evidences of right of entry. Referred to Committee on Special Judiciary. HB 482. By Representatives Murphy of the 18th and Martin of the 26th: A bill to amend Code Section 31-8-155 of the Official Code of Georgia Annotated, relating to rules for expansions of eligibility funded by the Indigent Care Trust Fund, so as to change when contributions may be made. Referred to Committee on Health and Human Services. WEDNESDAY, FEBRUARY 13, 1991 639 HR 162. By Representatives Connell of the 87th and Murphy of the 18th: A resolution naming the "Steve Polk Plaza". Referred to Committee on Governmental Operations. HB 619. By Representative Ray of the 98th: A bill to amend an Act providing a new charter for the City of Fort Valley, so as to change the time for holding municipal elections; to change the qualifications for office of mayor or alderman. Referred to Committee on Urban and County affairs. The following reports of standing committees were read by the Secretary: Mr. President: The Committee on Finance and Public Utilities has had under consideration the follow ing resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SR 140. Do pass. HR 80. Do pass. SR 159. Do pass by substitute. HR 103. Do pass. HR 73. Do pass by substitute. HR 150. Do pass. Respectfully submitted, Senator Starr of the 44th District, Chairman Mr. President: The Committee on Governmental Operations has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SR 151. Do pass. HB 196. Do pass. SB 236. Do pass as amended. HB 281. Do pass. HB 67. Do pass. Respectfully submitted, Senator Kidd of the 25th District, Chairman Mr. President: The Committee on Health and Human Services has had under consideration the follow ing bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 209. Do pass by substitute. Respectfully submitted, Senator Olmstead of the 26th District, Chairman Mr. President: The Committee on Insurance and Labor has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 79. Do pass by substitute. 640 JOURNAL OF THE SENATE HB 303. Do pass. Respectfully submitted, Senator Pollard of the 24th District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following bills of the Sen ate and has instructed me to report the same back to the Senate with the following recommendations: SB 131. Do pass by substitute. SB 145. Do pass. SB 174. Do pass. Respectfully submitted, Senator Baldwin of the 29th District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following bill of the Sen ate and has instructed me to report the same back to the Senate with the following recommendation: SB 93. Do pass by substitute. Respectfully submitted, Senator Baldwin of the 29th District, Chairman Mr. President: The Committee on Natural Resources has had under the consideration the following bills and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SR 152. Do pass. SB 271. Do pass. SB 272. Do pass. Respectfully submitted, Senator Gillis of the 20th District, Chairman Mr. President: The Committee on Retirement has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 42. Do pass by substitute. HB 442. Do pass. HB 346. Do pass. HB 484. Do pass. HB 441. Do pass. Respectfully submitted, Senator Tate of the 38th District, Chairman WEDNESDAY, FEBRUARY 13, 1991 641 Mr. President: The Committee on Rules has had under consideration the following bill and resolutions of the House and Senate and has instructed me to report the same back to the Senate with the following recommendations: HB 173. SR 22. Do pass by substitute. SR 23. Do pass. SR 163. Respectfully submitted, Do pass. Do pass. Senator Dean of the 31st District, Chairman Mr. President: The Committee on Special Judiciary has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 144. Do pass. HB 134. Do pass. SB 146. Do pass by substitute. HB 220. Do pass. SB 224. Do pass. HB 271. Do pass. SB 230. Do pass. HB 313. Do pass. Respectfully submitted, Senator Edge of the 28th District, Chairman Mr. President: The Committee on Transportation has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 173. Do pass by substitute. SB 244. Do pass. Respectfully submitted, Senator Coleman of the 1st District, Chairman Mr. President: The Committee on Urban and County Affairs has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 536. Do pass. HB 592. Do pass. HB 549. Do pass. HB 593. Do pass. HB 583. Do pass. HB 595. Do pass. HB 585. Do pass. HB 597. Do pass. HB 587. Do pass. Respectfully submitted, Senator Harris of the 27th District, Chairman 642 JOURNAL OF THE SENATE The following bills of the Senate and House were read the second time: SB 104. By Senator Kidd of the 25th: A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to establish goals for the at-risk children and youth in the State of Georgia; to provide for applicability; to provide for strategy and util ization of resources; to provide for services for families with problems; to provide for statements of policy by state agencies and other entities. SB 105. By Senator Kidd of the 25th: A bill to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to create the Georgia Children and Youth Overview Committee; to provide for members, officers, duties, functions, powers, authority, compensation, appointments, and vacancies; to provide for funds; to provide for matters relative to the foregoing; to provide for an effective date. SB 123. By Senator Thompson of the 33rd: 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 change defi nitions; to redefine child welfare agency; to change the provisions relating to ap proval and inspections of family boarding homes, foster family homes, and family day-care homes approved, supervised, and used by child welfare agencies; to au thorize periodic, in lieu of annual, reports from child welfare agencies. SB 182. By Senator Garner of the 30th: A bill to amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fire and other hazards, so as to require that nursing homes be equipped with certain sprinkler systems. SB 191. By Senator Starr of the 44th: A bill to amend Code Section 40-5-56 of the Official Code of Georgia Annotated, relating to suspension of a driver's license for failure to respond to citation, so as to provide for suspension of a driver's license for failure to timely pay a fine ordered by the sentence of a court of competent jurisdiction; to provide an effec tive date. SB 212. By Senators Steinberg of the 42nd, Garner of the 30th, Johnson of the 47th and Scott of the 36th: 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; to change the provision relating to confidentiality; to provide for legisla tive intent and for rules to prevent certain conflicts or loss of funds. HB 3. By Representative Childers of the 15th: A bill to amend Code Section 43-11-73 of the Official Code of Georgia Annotated, relating to renewal of licenses to practice dental hygiene, so as to provide for continuing education requirements. HB 4. By Representative Childers of the 15th: A bill to amend Article 3 of Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dental hygienists, so as to provide for temporary licenses. WEDNESDAY, FEBRUARY 13, 1991 643 HB 122. By Representatives Parham of the 105th, Barnett of the 10th and Harris of the 84th: A bill to amend Article 2 of Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to reporting of motor vehicle accidents, so as to provide for the fee which shall be charged for accident reports from the Department of Pub lic Safety. HB 179. By Representatives Parham of the 105th, Parrish of the 109th, Chafin of the 72nd and others: A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to include as Schedule III controlled sub stances anabolic steroids and certain other substances which promote muscle growth. HB 186. By Representatives Dixon of the 151st and Twiggs of the 4th: A bill to amend Code Section 17-4-20 of the Official Code of Georgia Annotated, relating to authorization of arrests with and without warrants generally and use of deadly force, so as to provide that the provisions of said Code Section 17-4-20 shall not be construed to restrict the use of deadly force by peace officers of state or local law enforcement agencies when reasonably necessary to prevent escapes or apprehend escapees from state and county correctional institutions, jails, and other places of lawful confinement. HB 288. By Representatives Buck of the 95th and Colwell of the 4th: A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions for penal institutions, so as to provide for notifica tion by an institution or facility to a state or local law enforcement agency if such agency is transporting a patient or inmate who has been diagnosed as having an infectious or communicable disease. HB 422. By Representatives Harris of the 84th, Parham of the 105th and Barnett of the 10th: 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 remove the authoriza tion for the issuance of special license plates for citizens band radio operators. HB 423. By Representatives Harris of the 84th, Parham of the 105th and Barnett of the 10th: A bill 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 change the defini tion of "resident" with regard to registration and licensing requirements. The President called for the morning roll call, and the following Senators answered to their names: Albert Alien Baldwin Bishop Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Hill Hooks Huggins Johnson Kidd Langford Marable Moye 644 JOURNAL OF THE SENATE Olmstead Perdue Perr,v PPohllllahrpds Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Shumake Starr Steinberg Tate Taylor Thompson Timmons Turner Tlyvssmingeeerr Walker of 22nd Walker of 43rd White Those not answering were Senators: Bowen Henson Newbill Scott Senator Thompson of the 33rd introduced "Electricity", a group of students from South Cobb High School, Austell, Georgia, who sang the Star-Spangled Banner. Senator Ramsey of the 54th introduced the chaplain of the day, Reverend Jesse Pratt, pastor of the Church of God of Union Assembly, Inc., Dalton, Georgia, who offered scripture reading and prayer. Senator Deal of the 49th, President Pro Tempore, assumed the Chair. The following resolutions of the Senate were read and adopted: SR 175. By Senators Hammill of the 3rd, Echols of the 6th and Bishop of the 15th: A resolution commending WMOG Radio of Brunswick, Georgia. SR 176. By Senator Edge of the 28th: A resolution expressing support for the men and women of Coweta County serv ing in Operation Desert Storm and their families. SR 178. By Senators Bowen of the 13th, Perry of the 7th, Hooks of the 14th and Ray of the 19th: A resolution commending Warren Alexander. Senator Baldwin of the 29th moved that the following bill of the Senate be withdrawn from the Senate Committee on Special Judiciary and committed to the Senate Committee on Judiciary: SB 267. By Senator Baldwin of the 29th: A bill to amend Article 1 of Chapter 6 of Title 10 of the Official Code of Georgia Annotated, relating to the creation and nature of the agency relationship, so as to provide that a deed or other instrument executed under seal pursuant to an agency created by an act not under seal shall be binding on the principal under certain conditions. On the motion, the yeas were 41, nays 0; the motion prevailed, and SB 267 was with drawn from the Senate Committee on Special Judiciary and committed to the Senate Com mittee on Judiciary. Senator Kidd of the 25th moved that the following bill of the Senate be withdrawn WEDNESDAY, FEBRUARY 13, 1991 645 from the Senate Committee on Special Judiciary and committed to the Senate Committee on Governmental Operations: SB 21. By Senator Kidd of the 25th: A bill to amend Part 1 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding dangerous instru mentalities and practices, so as to make it unlawful for any person to display, handle, or use any kind of reptile in connection with any religious service or gathering; to provide a penalty. On the motion, the yeas were 36, nays 1; the motion prevailed, and SB 21 was with drawn from the Senate Committee on Special Judiciary and committed to the Senate Com mittee on Governmental Operations. 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 February 13, 1991 TWENTIETH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) HB 536 Hill, 4th A bill to change the salary of the judge and solicitor of the State Court of Effingham County. HB 549 Coleman, 1st Alien, 2nd Hammill, 3rd A bill to change the provisions relating to the time of election, taking of of fice, and terms of office for the mayor and councilmen for the City of Garden City, Chatham County. HB 583 Collins, 17th A bill to revise and change certain provisions requiring quarterly publication of an itemized statement of receipts and disbursements for the Butts County Board of Commissioners. HB 585 Collins, 17th A bill to change the compensation for the clerk of the Superior Court of Butts County. HB 587 Collins, 17th A bill to change the compensation for the Tax Commissioner of Butts County. HB 592 Edge, 28th A bill to change the compensation of the members of the Griffin-Spalding County Board of Education. HB 593 Edge, 28th A bill to increase the amount of homestead exemption and to increase the 646 JOURNAL OF THE SENATE amount of the maximum gross annual income for eligibility for residents, age 62 or over, of Pike County. HB 595 Deal, 49th A bill to provide a method of compensating the members of the Board of Education of Hall County. HB 597 English, 21st A bill to change the compensation of the chairman and other members of the Board of Commissioners of Screven County. The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to. On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Bishop Bowen Broun Burton Clay Collins Dawkins Dean Echols Edge English Garner Gillis Hammill Harris Henson Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 43rd White Those not voting were Senators: Alien Coleman Deal (presiding) Egan Foster Hasty Langford Scott Shumake Walker of 22nd On the passage of all the local bills, the yeas were 46, nays 0. All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed. SENATE RULES CALENDAR Wednesday, February 13, 1991 TWENTIETH LEGISLATIVE DAY SB 143 Consent to Medical Treatment--persons authorized (Substitute) (H&HS--54th) (Pursuant to Senate Rule 143, final passage of the bill was suspended on Febru ary 12, 1991.) SB 154 Corporations--insurable interest in directors, employees (Judy--47th) WEDNESDAY, FEBRUARY 13, 1991 647 SB 157 Speeding--additional points on second conviction (Substitute) (S Judy--24th) SB 210 Child Custody--criteria for determining best interest of child (Amendments) (S Judy--28th) SB 235 Health Facilities, Institutions Subject to Department of Human Re sources--actions for violations (H&HS--26th) SR 113 Soviet Union--urge additional credit guarantees designated for poultry (Ag--50th) SB 110 Insurance Fraud--felony offense (Amendment) (I&L--45th) SR 70 Special Judicial Circuits--establishment (Substitute) (S Judy--45th) HB 117 Workers' Compensation Claim--deemed filed upon receipt (I&L--16th) HB 145 Automobile Insurance--provisions on discount to defensive driver (Amendment) (I&L--56th) HB 167 Official Code of Georgia Annotated--correct errors, omissions (Amendment) (Judy--29th) HB 174 Bovine Diseases, Swine Mycobacteriosis--injunctions (Ag--21st) HB 177 Packaged Agricultural Commodities--weights and measures (Ag--21st) HB 215 Georgia Courts Automation Commission--permanently create (S Judy--24th) HB 256 Certified Public Weighers--repeal surety bond provisions (Ag--21st) HB 274 Environmental Protection Division Director--Appointment, removal (Amend ment) (Nat R--20th) HB 291 Workers' Compensation--relating to coverage for certain volunteers (Amend ment) (I&L--16th) HR 110 Georgia River Assessment--urge certain assistance (Nat R--20th) HB 33 Retirement Bills--certification by state auditor (Ret--38th) HB 34 Public Retirement Taxation--provision on amendment to increase benefits to offset (Ret--38th) HB 35 Public Retirement Taxation--apply to present and future retirees (Ret--38th) HB 40 Employees' Retirement--employer contribution those in military (Ret--38th) HB 43 Employees' Retirement--change provisions on employer contribution amount (Ret--38th) HB 201 Elections--write-in candidate designate specific office sought (Gov Op--25th) HB 202 Superior Court Chief Deputy Clerk--time period to serve as clerk (Gov Op--25th) HB 204 Municipal Elections--time period for filing notice of candidacy (Gov Op--25th) HB 209 Tax Receiver, Collector, Commissioner--special election to fill vacancy (Gov Op--25th) SB 89 Race Cars--equip with mufflers (Substitute) (S Judy--28th) 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 on February 5 and postponed until February 7, postponed on February 7 until February 11, and final ac- 648 JOURNAL OF THE SENATE tion suspended on February 12, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage: SB 143. By Senator Ramsey of the 54th: A bill to amend Code Section 31-9-2 of the Official Code of Georgia Annotated, relating to persons authorized to consent to surgical or medical treatment, so as to change which persons are authorized to consent to surgical or medical treatment. The substitute to SB 143 offered by Senator Ramsey of the 54th on February 12, as it appears in the Journal of February 12, was automatically reconsidered and put upon its adoption. Senator Ramsey of the 54th offered the following amendment: Amend the substitute to SB 143 offered by Senator Ramsey of the 54th by inserting following the word "treatment" on line 5 of page 1 the following: "; to provide standards for consent". By striking from line 10 of page 2 the following: "or". By striking lines 15 through 27 of page 2 and inserting in lieu thereof the following: "(6) Any adult child for his parent; (7) In the absence of any adult child, any adult for his brother or sister; or (8) In the absence of any adult child or adult brother or sister, any grandparent. Any person authorized and empowered to consent under this subsection shall act in good faith to consent to surgical or medical treatment or procedures which the patient would have wanted had the patient understood the circumstances under which such treatment or procedures are provided.' " On the adoption of the amendment, the yeas were 34, 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 by substitute as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Broun Clay Collins Dawkins Dean Echols Edge Egan Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ramsey WEDNESDAY, FEBRUARY 13, 1991 649 Ray Robinson Scott gtarr Steinberg Tate Taylor Thompson Timmons Voting in the negative was Senator Burton. Turner Tysinger Walker of 43rd White Those not voting were Senators: Bowen Coleman Deal (presiding) English Foster Langford On the passage of the bill, the yeas were 46, nays 1. Ragan of 32nd Shumake Walker of 22nd The bill, having received the requisite constitutional majority, was passed by substitute. The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage: SB 154. By Senator Johnson of the 47th: A bill to amend Code Section 33-24-3 of the Official Code of Georgia Annotated, relating to the requirements for finding an insurable interest for purposes of ob taining personal insurance, so as to clarify the intent of the law that any corpora tion, foreign or domestic, shall have an insurable interest in the life or physical or mental ability of any of its directors, officers, or employees or the directors, of ficers, or employees of any of its subsidiaries. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Broun Hurt011 Clay Collins DDaewankins Echols Edge Egan English Garner Gillis Hammill Harris Hasty Henson Hm Hoggins Johnson Kidd MMoayraeble Newbill Olmstead Perdue Perry Phillips Pollard Those not voting were Senators: Bowen Coleman Deal (presiding) Foster Hooks Langford Ragan of 10th Ragan of 32nd Ramsey pav Robinson Steinberg T. ,la , iT,hfoylmorpson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Scott Shumake Starr 650 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 157. By Senators Pollard of the 24th, Taylor of the 12th and Clay of the 37th: A bill to amend Code Section 40-5-57 of the Official Code of Georgia Annotated, relating to suspension or revocation of the driver's license of habitually negligent or dangerous drivers, so as to provide for the assessment of additional points on a second or subsequent conviction of speeding. Senator Pollard of the 24th moved that SB 157 be postponed until Friday, February 15. On the motion, the yeas were 34, nays 0; the motion prevailed, and SB 157 was post poned until Friday, February 15. The President resumed the Chair. SB 210. By Senator Edge of the 28th: 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 cri teria for determining the best interest of the child or children. The Senate Committee on Special Judiciary offered the following amendment: Amend SB 210 by inserting before the word "moral" on line 8 of page 2 the following: "character and". On the adoption of the amendment, the yeas were 32, nays 0, and the amendment was adopted. Senator Edge of the 28th offered the following amendment: Amend SB 210 by striking on page 2, line 1, beginning with the word "in" through the word "needs" on page 2, line 2. By striking paragraph 9 on page 2 and renumbering the succeeding paragraphs accordingly. On the adoption of the amendment offered by Senator Edge of the 28th, the yeas were 38, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill 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 Alien Baldwin Bishop Broun Burton Clay Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis WEDNESDAY, FEBRUARY 13, 1991 651 Hammill Harris Hasty Henson Hill Huggins Johnson Kidd Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson Scott Shumake Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Bowen Coleman Hooks Ray Langford On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. SB 235. By Senator Olmstead of the 26th: 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 provide for the actions by the department with respect to certain violations by any agency, facility, insti tution, or entity subject to regulation by the department under Chapters 7, 13, 22, and 23 of Title 31 of Chapter 5 of Title 49; to provide for exceptions. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen BCluaryton CDoalwliknisns Deal Dean Echols Edge English Foster Garner Gillis Harris Hasty Henson Hill Hguogokgsins JKoihdndson Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Robinson Scott Starr TStaetienberg ,,*, *yl,OT Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Broun Coleman Egan Hammill Langford Marable Ramsey Ray Shumake 652 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, favorably reported by the committee, was read the third time and put upon its adoption: SR 113. By Senators Foster of the 50th, English of the 21st, Deal of the 49th and Ragan of the 10th: A resolution urging additional credit guarantees to the Soviet Union be desig nated for poultry. 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 Alien Baldwin Bishop Burton Clay Coleman Dawkins Deal Dean Echols Egan English Foster Garner Gillis Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Newbill Olmstead Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Bowen Broun Collins Edge Hammill Langford Moye Phillips Shumake 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 Senate, having been read the third time on February 8 and postponed until February 12, was put upon its passage: SB 110. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to provide that the offense of insurance fraud shall be a felony offense; to provide for the notification of law enforcement agen cies by insurers when such insurer has knowledge of a fraudulent insurance act which has not been reported to a law enforcement agency. WEDNESDAY, FEBRUARY 13, 1991 653 Senator Walker of the 22nd offered the following amendment: Amend SB 110 by adding on line 22 of page 1 after the semicolon and before the word "to" the following: "to allow insureds to reject in writing required first-party coverage for medical expenses under the 'Georgia Motor Vehicle Accident Reparations Act';" By adding between lines 12 and 13 of page 16 a new Section 7.1 to read as follows: "Section 7.1. Said title is further amended by adding at the end of Code Section 3334-4, relating to the minimum required motor vehicle insurance coverage, a new subsection (e) to read as follows: '(e) The coverage required under subparagraph (a) (2) (A) of this Code section for med ical expenses may be rejected in writing by the insured, provided that the insured had been informed by the insurer's agent, prior to such rejection, of the difference in the premium for such policy as the result of rejecting such coverage. Such coverage for medical expenses need not be provided in a renewal policy where the named insured had rejected the coverage in connection with a policy previously issued to him by the same insurer.' " Senator Walker of the 22nd asked unanimous consent to withdraw his amendment. The consent was granted, and the amendment offered by Senator Walker of the 22nd was withdrawn. Senator Edge of the 28th offered the following amendment: Amend SB 110 by striking on page 16, line 4, the sum "$2,000.00" and inserting in lieu thereof the sum of "$1,000.00"; And by striking on page 16, line 12, the sum "$2,000.00" and inserting in lieu thereof the sum of "$1,000.00". Senator Alien of the 2nd moved that he be excused from voting on SB 110, pursuant to Senate Rule 175. On the motion, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun BCC,-,,loualryetomnan Collins Deal Dean Echols Edge English Foster Garner Gillis Hammill Harris Henson Hill THHKIouidogdkgsm s Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan Of 32nd Ramsey R a0,,ctaort,r,t late Tavlor Thompson Timmons Turner Tysinger Walker of 22nd 654 JOURNAL OF THE SENATE Those voting in the negative were Senators: Egan Johnson Robinson Walker of 43rd White Those not voting were Senators: Dawkins Hasty Shumake Steinberg On the motion, the yeas were 47, nays 5; the motion prevailed, and Senator Alien of the 2nd was excused from voting on SB 110. Senator Bishop of the 15th moved that he be excused from voting on SB 110, pursuant to Senate Rule 175. On the motion, the yeas were 32, nays 6; the motion prevailed, and Senator Bishop of the 15th was excused from voting on SB 110. On the adoption of the amendment offered by Senator Edge of the 28th, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Albert BBaulrdtownin Deal Edge Langford Moye Newbill Phillips Scott Steinberg Tysinger Those voting in the negative were Senators: Bowen Broun Coleman Collins Dawkins Dean Echols Egan English Foster Garner Gillis Hammill Harris Henson Hill Hooks Huggins Johnson Kidd Marable Olmstead Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Starr Tate Taylor Thompson Timmons Turner Walker of 22nd Walker of 43rd White Those not voting were Senators: Alien (excused) Bishop (excused) Hasty Shumake On the adoption of the amendment, the yeas were 13, nays 39, and the amendment was lost. The report of the committee, which was favorable to the passage of the bill, was agreed to. WEDNESDAY, FEBRUARY 13, 1991 655 On 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 Burton Colayeman i;olll.ns DDeaawl kins Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hm HHuogogkisng Johnson TK^i-djdj Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Rgcoobtitnson Starr So.tem- b, erg Tate Taylor Thompson Timmons Turner Walker of 22nd Walker of 43rd White Voting in the negative was Senator Tysinger. Those not voting were Senators: Alien (excused) Bishop (excused) Shumake On the passage of the bill, the yeas were 52, nays 1. The bill, having received the requisite constitutional majority, was passed. The following general resolution, having been read the third time on February 1 and tabled, and taken from the Table on February 12, and placed on the Senate Rules Calendar for today, was put upon its adoption: SR 70. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A RESOLUTION Proposing an amendment to the Constitution so as to provide for the establishment of special judicial circuits; to provide for the establishment, jurisdiction, operation, and financ ing of investigative grand juries, trial juries, courts, and personnel in the special judicial circuits; to provide for procedures and other matters related thereto; to provide for submis sion 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 I, Paragraph XI of the Constitution is amended by adding at the end thereof a new subparagraph (d) to read as follows: "(d) There are created special judicial circuits. Each special judicial circuit is composed as follows: each multicounty judicial circuit is a special judicial circuit and each singlecounty judicial circuit plus each county immediately adjacent to that circuit is a special judicial circuit. There shall be established in each special judicial circuit upon the petition, granted by a judge of a superior court in the special judicial circuit, of the Attorney General or a district attorney serving within such special judicial circuit, an investigative grand jury, trial juries, superior court and judge thereof, all of which shall have jurisdiction over all felony criminal offenses committed within the special judicial circuit. The official whose pe tition is granted shall represent the state in the special judicial circuit and for that purpose shall have all the powers, duties, and immunities of the district attorneys of the regular 656 JOURNAL OF THE SENATE judicial circuits. The General Assembly shall provide by law for the operation and financing of the work and entities authorized by this subparagraph." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "[ ] YES [ ] NO Shall the Constitution be amended so as to provide for the establishment, jurisdiction, operation, and financing of investigative grand juries and trial juries and other matters relative thereto in special judicial circuits?" 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 Dawkins of the 45th offered the following substitute to SR 70: A RESOLUTION Proposing an amendment to the Constitution so as to provide for the establishment, jurisdiction, operation, and financing of investigative grand juries and trial juries in the judi cial circuits; to provide for procedures and other matters related thereto; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VI, Section II of the Constitution is amended by adding at the end thereof a new Paragraph IX to read as follows: "Paragraph IX. Special trial districts. The Supreme Court may designate, on a case-bycase basis, special trial districts upon the petition of the Attorney General or an affected district attorney for purposes of the investigation and prosecution of criminal offenses which include any offenses against public administration, offenses involving controlled substances, or offenses involving racketeer influenced and corrupt organizations. A special trial district shall include all counties within a multicounty judicial circuit or a single-county judicial circuit when joined, by order of the court, with a contiguous circuit. The Supreme Court may provide for the impaneling of special investigative grand juries and trial juries which shall be drawn from and have jurisdiction throughout the special trial district. The General Assembly shall provide by law for the operation and financing of the investigative grand juries and trial juries. 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 for the establishment, jurisdiction, operation, and financing of investigative grand juries and other matters relative thereto in the judicial circuits?" 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 13, 1991 657 On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted. The President announced that, pursuant to Senate Rule 143, consideration of SR 70 would be suspended and placed on the Senate General Calendar. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: HB 117. By Representatives Walker of the 115th, Groover of the 99th and Bostick of the 138th: A bill to amend Code Section 34-9-100 of the Official Code of Georgia Annotated, relating to procedure for filing claims with the State Board of Workers' Compen sation, so as to provide that any claim or notice required to be filed with such board shall be deemed to be filed upon actual receipt by the board or upon the date such claim or notice was mailed by certified or registered mail. Senate Sponsor: Senator Robinson of the 16th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Broun Burton CCloalyeman DDeaawl kins Dean Echols Edge Egan Garner Gillis Hasty Henson Hill Hooks Huggins JKoihdndson LMaanrgafbolred Moye Newbill Olmstead Perry Phillips Pollard Ragan of 32nd Ramsey Rav Robinson Scott Sbtteeminbbeerrge iT,ay,lor Thompson Turner Tysinger Walker of 43rd White Those not voting were Senators: Bowen Collins English Foster Hammill Harris Perdue Ragan of 10th Shumake Starr Timmons Walker of 22nd On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Turner of the 8th introduced a doctor of the day, Dr. C. Alien Woods, Jr., of Valdosta, Georgia; and Senator Bowen of the 13th introduced a doctor of the day, Dr. Eu gene H. "Gene" Jackson, of Ocilla, Georgia. 658 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 145. By Representatives Ware of the 77th, Dunn of the 73rd, Groover of the 99th and others: A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of rates, underwriting rules, and related organizations, and Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to relocate and redesignate certain provisions granting premium discounts to defensive drivers or drivers who are honor students. Senate Sponsor: Senator Newbill of the 56th. The Senate Committee on Insurance and Labor offered the following amendment: Amend HB 145 by striking from lines 12 and 13 of page 1 the following: "the principal driver listed on the policy meets", and inserting in lieu thereof the following: "all named drivers listed on the policy meet". By striking from lines 7 and 13 of page 2 the following: "the principal driver", and inserting in lieu thereof the following: "all named drivers". By striking from line 10 of page 2 the following: "satisfies", and inserting in lieu thereof the following: "satisfy". By striking from lines 14 and 16 of page 2 the following: "Has", and inserting in lieu thereof the following: "Have". By striking from line 18 of page 2 the following: "Completes", and inserting in lieu thereof the following: "Complete". By striking from lines 8 and 9 of page 3 the following: "the principal driver under such policy does", and inserting in lieu thereof the following: "all named drivers under such policy do". By striking from line 26 of page 5 the following: "judicially". On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted. WEDNESDAY, FEBRUARY 13, 1991 659 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 Alien Baldwin BishP Burton XCaTbman Dean gcj10js Edge Egan Garner Gillis Hasty Henson Hill Hooks Huggins Johnson MKiadrdable Moye Newbill Olmstead Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott TStaetienberg Taylor Thompson Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Bowen Bro,un Collms Dawkins English Foster Hammill Hams Langford Perdue Shumake Starr Timmons On the passage of the bill, the yeas were 43, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. HB 167. By Representatives Thomas of the 69th, Pettit of the 19th and Groover of the 99th: A bill to amend the O.C.G.A., so as to correct typographical, stylistic, capitaliza tion, punctuation, and other errors and omissions in the O.C.G.A. and in Acts of the General Assembly amending the O.C.G.A. Senate Sponsor: Senator Baldwin of the 29th. The Senate Committee on Judiciary offered the following amendment: Amend HB 167 by adding between lines 11 and 12 of page 37 the following: "(8.1) By striking 'registered and licensed' and inserting in lieu thereof 'registered or licensed' in Code Section 43-44-16, relating to the penalty for practicing speech-language pathology or audiology without registration or a license." On the adoption of the amendment, the yeas were 32, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. 660 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 Alien Baldwin Bishop Broun Burton Clay Coleman Deal Dean Echols Edge Egan Garner Gillis Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Bowen Collins Dawkins English Foster Hammill Harris Perdue Shumake Thompson 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. HB 174. By Representative Reaves of the 147th: A bill to amend Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to prevention and control of disease in livestock, so as to provide for injunctions in connection with bovine diseases and swine mycobacteriosis and the practices and procedures connected therewith. Sseennate Ssppoonnsors: Sseennaators Ec/nglnishn o01f tmhe 2z1issit anda Dueeaan o01f tmhe 3<51issti. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Broun Burton Clay Coleman Dawkins Deal Dean Echols Edge Egan Garner Gillis Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Steinberg WEDNESDAY, FEBRUARY 13, 1991 661 Tate Thompson Turner Tysinger Walker of 22nd White Those not voting were Senators: Bowen Collins English Foster Hammill Harris Perdue Shumake Starr Taylor Timmons Walker of 43rd On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 177. By Representative Reaves of the 147th: A bill to amend Code Section 10-2-5 of the Official Code of Georgia Annotated, relating to the powers and duties of the Commissioner of Agriculture relating to weights and measures, so as to delete certain provisions relating to packaged commodities. Senate Sponsors: Senators English of the 21st and Dean of the 31st. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Broun Burton CCloalyeman Dawkins Deal Dean Echols Edge Egan Garner Gillis Hasty Henson Hill Hooks Huggins JKoihdndson Langford Marable Moye Olmstead Perry Phillips Pollard Ragan of 32nd Ramsey Ray Robinson Scott Starr jSstteeimnbbeerrge a* Tavlor Turner Tysinger Walker of 22nd Walker of 43rd White Voting in the negative was Senator Newbill. Those not voting were Senators: Bowen Collins English Foster Hammill Harris Perdue Ragan of 10th Shumake Thompson Timmons On the passage of the bill, the yeas were 44, nays 1. The bill, having received the requisite constitutional majority, was passed. 662 JOURNAL OF THE SENATE HB 215. By Representatives Thomas of the 69th, Chambless of the 133rd and Groover of the 99th: A bill to amend Chapter 5 of Title 15 of the Official Code of Georgia Annotated, relating to the administration of courts of record, so as to permanently create the Georgia Courts Automation Commission. Senate Sponsor: Senator Pollard of the 24th. Senator Deal of the 49th offered the following amendment: Amend HB 215 by inserting on page 1, line 14 between "Council" and "j" the following: ", the Georgia Bureau of Investigation, the Department of Corrections, the Department of Public Safety, the State Board of Pardons & Paroles, and the Juvenile Justice Coordinat ing Council". and by striking on page 3, line 17, the word "and"; on line 18 the period "." and adding on line 18 after "designee" the following: "The Director of the Juvenile Justice Coordinating Council or his designee". 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 Alien Baldwin Bishop Broun Burton Clay Coleman Deal Dean Echols Edge Egan Garner Gillis Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Olmstead Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Thompson Tysinger Walker of 43rd White Those not voting were Senators: Bowen Collins Dawkins English Foster Hammill Harris Newbill Perdue Shumake Taylor Timmons Turner Walker of 22nd On the passage of the bill, the yeas were 42, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. WEDNESDAY, FEBRUARY 13, 1991 663 HB 256. By Representative Reaves of the 147th: A bill to amend Article 2 of Chapter 2 of Title 10 of the Official Code of Georgia Annotated, relating to certified public weighers, so as to repeal the provisions of Code Section 10-2-44, relating to surety bonds of certified public weighers; to amend Code Section 10-2-50, relating to weighing leaf tobacco and livestock, so as to correct a reference. Senate Sponsors: Senators English of the 21st and Dean of the 31st. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Broun Burton Clay Coleman Dawkins Deal Dean Echols Edge Egan Garner Gillis Hasty Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Robinson Scott Starr Steinberg Tate Turner Tysinger White Those not voting were Senators: Bowen Collins English Foster Hammill Harris Henson Perdue Ramsey Shumake Taylor Thompson Timmons Walker of 22nd Walker of 43rd On the passage of the bill, the yeas were 41, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 274. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and others: A bill to amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to general matters relating to the Environmental Protection Division of the Department of Natural Resources, so as to provide for the appointment and removal of the director of such division; to create an Environmental Advisory Council. Senate Sponsor: Senator Gillis of the 20th. 664 JOURNAL OF THE SENATE The Senate Committee on Natural Resources offered the following amendment: Amend HB 274 by inserting immediately following the word and symbol "Gover nor." on line 22 of page 1 the following: "The director of the Environmental Protection Division of the Department of Natural Resources shall receive a salary not greater than that received by the commissioner of natu ral resources." On the adoption of the amendment, the yeas were 31, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Broun Burton Clay Coleman Dawkins Deal Dean Edge Egan Garner Gillis Hasty Hill Hooks Huggins Johnson Kidd Langford Marable Newbill Perry Phillips Those not voting were Senators: Pollard Ragan of 32nd Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Turner Tysinger White Bowen Collins EEcnhgolilssh Foster Hammill Harris Henson MOlomyestead Perdue Ragan of 10th Ramsey Shumake TTjimmmmorn.s Walker of 22nd Walker of 43rd On the passage of the bill, the yeas were 39, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. Senator Garner of the 30th moved that the Senate do now adjourn until 9:15 o'clock A.M. tomorrow, and the motion prevailed. At 12:38 o'clock P.M., the President announced the Senate adjourned until 9:15 o'clock A.M. tomorrow. THURSDAY, FEBRUARY 14, 1991 665 Senate Chamber, Atlanta, Georgia Thursday, February 14, 1991 Twenty-first Legislative Day The Senate met pursuant to adjournment at 9:15 o'clock A.M. today and was called to order by the President. Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House and Senate: HB 647. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th: A bill to provide for the creation of one or more community improvement dis tricts in Douglas County. HB 655. By Representatives Alford of the 57th, Baker of the 51st, Teper of the 46th, Thomas of the 55th, Turnquest of the 56th and others: A bill to create the City of DeKalb Study Commission. HB 428. By Representatives Walker of the 115th, Murphy of the 18th, Groover of the 99th, Lee of the 72nd and Connell of the 87th: A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions pertaining to the General Assembly, so as to change provisions relating to the method of proof of advertisement of local bills. HB 548. By Representative Lane of the 27th: A bill to amend Article 2 of Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to the acquisition, construction, and maintenance of airports and landing fields by counties and municipalities, so as to prohibit the acquisi tion of property by condemnation outside the territorial boundaries of the county or municipality for a certain period of time. HB 532. By Representatives Holland of the 136th and Hanner of the 131st: A bill to repeal an Act to provide for a board of elections in each county of this state having a population of not less that 11, 675 nor more than 11,725 according to the United States decennial census of 1980 or any future such census. SB 153. By Senators Deal of the 49th and Garner of the 30th: A bill to amend Code Section 47-2-244 of the Official Code of Georgia Annotated, relating to retirement benefits available to appellate court judges; age, service, and contribution requirements; disability benefits; and survivors' benefits, so as to provide an exception to the provision that an appellate court judge who serves 666 JOURNAL OF THE SENATE beyond a certain age shall forfeit certain benefits and contributions; to provide an effective date. HB 66. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st, Adams of the 79th and Morsberger of the 62nd: A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide for the forfeiture of a motor vehicle operated by a person who is arrested for driving under the influence if the person has two previous convictions of driving under the influ ence within a five-year period. HB 439. By Representatives Watson of the 114th and Hamilton of the 124th: A bill to amend Code Section 8-2-104 of the Official Code of Georgia Annotated, relating to the employment of inspectors and inspection fees with respect to the inspection or operation of elevators, dumbwaiters, escalators, and moving walks, so as to provide that elevators, dumbwaiters, escalators, manlifts, and moving walks subject to inspection shall be inspected at certain times and inspection fees and operating fees therefor shall be paid by a certain time. HB 182. By Representatives Dobbs of the 74th, Patten of the 149th, Porter of the 119th, Cheeks of the 89th, Breedlove of the 60th and others: A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to solid waste management, so as to provide for limitations on the modi fication of permits to operate solid waste handling facilities. HB 582. By Representative Smyre of the 92nd: A bill to amend Code Section 20-3-250.3 of the Official Code of Georgia Anno tated, relating to exemptions from the "Nonpublic Postsecondary Educational Institutions Act of 1990," so as to exempt certain nonpublic medical schools from the application of such Act. HB 224. By Representatives Pettit of the 19th, Holmes of the 28th and Dunn of the 73rd: A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of real estate brokers and salespersons, so as to revise certain educational requirements for real estate licensees; to revise the qualifica tions for the issuance of real estate licenses to nonresidents who are licensed in another state. The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate: SB 103. By Senator Starr of the 44th: A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization and appeals from assessments of county boards of tax assessors, so as to provide that when an appeal of an assessment is made to the county board of tax assessors and no change or correction is made by said county board of tax assessors, the notice sent to the taxpayer shall also be sent to the county board of equalization and shall constitute the taxpayer's appeal to the county board of equalization without the necessity of the tax payer's filing any additional notice of appeal. THURSDAY, FEBRUARY 14, 1991 667 The House has adopted by the requisite constitutional majority the following resolution of the House: HR 297. By Representatives Baker of the 51st, Murphy of the 18th, Thomas of the 69th, Groover of the 99th, Walker of the 115th and others: A resolution urging the State Board of Education to assist local school boards in increasing student awareness of the importance of exercising the right to vote. The House has disagreed to the Senate substitute to the following bill of the House: HB 284. By Representatives Murphy of the 18th, Coleman of the 118th, Walker of the 115th, Porter of the 119th, Jamieson of the llth and others: A bill to amend an Act providing appropriations for the State Fiscal Year 19901991, known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1990-1991. The House has passed by the requisite constitutional majority the following bill of the House: HB 93. By Representative Smith of the 78th: A bill to amend Code Section 48-5-18 of the Official Code of Georgia Annotated, relating to time for making tax returns, so as to provide for dates for opening and closing books for the return of taxes. The following bills of the Senate were introduced, read the first time and referred to committees: SB 319. By Senator Albert of the 23rd: A bill to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to provide that the state revenue commissioner may authorize the distribution or sale of distilled spirits, malt beverages, and wine by food caterers in connection with the food catering business only; to define certain terms; to provide for the issuance of alcoholic beverage licenses to food caterers who are eligible therefor. Referred to Committee on Consumer Affairs. SB 320. By Senator Robinson of the 16th: A bill to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, so as to provide for the offense of misappropriation of trade secrets; to provide for definitions; to provide for a penalty. Referred to Committee on Special Judiciary. SB 321. By Senator Kidd of the 25th: A bill to amend an Act creating and establishing a new charter for the City of Eatonton, as amended, so as to change the corporate limits of the city. Referred to Committee on Urban and County Affairs. SB 322. By Senator Kidd of the 25th: A bill to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, known as the "Georgia Death Investigation Act," so as to redefine "autopsy" and "limited dissection"; to provide that tissues may be retained for additional studies; to provide that the county medical examiner shall be notified 668 JOURNAL OF THE SENATE when any person dies after having been admitted to a hospital in an unconscious state and without regaining consciousness. Referrred to Committee on Judiciary. SB 323. By Senator Dawkins of the 45th: A bill to amend Article 2 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to administration of the laws relating to workers' compensa tion, so as to provide for the appointment of senior administrative law judges for the State Board of Workers' Compensation; to provide for the qualifications, ser vice, allowances, and expenses of senior administrative law judges. Referred to Committee on Insurance and Labor. SB 324. By Senators Ragan of the 32nd, Thompson of the 33rd, Edge of the 28th and others: A bill to amend Code Section 40-8-92 of the Official Code of Georgia Annotated, relating to designation of emergency vehicles and flashing or revolving lights, so as to restrict the use of flashing or revolving green lights. Referred to Committee on Public Safety. SB 325. By Senator Turner of the 8th: A bill to amend Article 1 of Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding damages, so as to provide conditions under which a claimant shall not be entitled to receive interest on sums claimed as unliquidated damages; to revise the rate of interest applicable to sums claimed as unliquidated damages; to provide for an effective date and for applicability. Referred to Committee on Judiciary. SB 326. By Senator Turner of the 8th: A bill to amend Article 1 of Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to interest and usury in general, so as to change the rate of interest on judgments; to provide for an effective date and for applicability. Referred to Committee on Judiciary. SB 327. By Senators Phillips of the 9th and White of the 48th: A bill to create the Gwinnett County Arts Facility Authority; to provide for a definition; to provide for the purpose and powers of the authority; to provide for appointment, eligibility, and terms of the members of the authority; to provide for organization, quorum, meetings, and expenses of the authority; to provide for rules and regulations and for agents and employees; to provide for accountability and for financial and other records and for audits. Referred to Committee on Urban and County Affairs. SB 328. By Senators Dawkins of the 45th, Taylor of the 12th, Robinson of the 16th and Foster of the 50th: A bill to amend Part 12 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to effectiveness of educational programs under the "Quality Basic Education Act," so as to change provisions relating to instru ments, procedures, and policies necessary to assess effectiveness; to provide for types of assessments and their implementation and use. Referred to Committee on Education. THURSDAY, FEBRUARY 14, 1991 669 SB 329. By Senator Foster of the 50th: A bill to provide that future school superintendents of the Rabun County School District shall be appointed by the board of education rather than elected; to pro vide for all related matters; to provide for a referendum; to provide effective dates. Referred to Committee on Urban and County Affairs. SB 330. By Senator Scott of the 36th: A bill to amend Code Section 20-2-143 of the Official Code of Georgia Annotated, relating to sex education and AIDS prevention instruction, so as to provide a definition; to provide that a course of study in sex education and AIDS preven tion instruction shall teach abstinence from sexual contact as an effective method of prevention of pregnancy and sexually transmitted disease. Referred to Committee on Education. SB 331. By Senator Thompson of the 33rd: A bill to amend an Act changing the boundaries of the seven education districts of the Cobb County School District, as amended, so as to require the Cobb County Board of Education to establish a dues checkoff service as a means of collecting dues for membership in an education association from its member employees. Referred to Committee on Urban and County Affairs. SB 332. By Senator Thompson of the 33rd: A bill to amend an Act creating a new charter for the City of Powder Springs, as amended, so as to change the corporate limits of the city; to change the provi sions relating to organizational meetings; to change the provisions relating to the removal of the city manager and severance pay; to change the provisions relating to the veto power of the mayor. Referred to Committee on Urban and County Affairs. The following bills of the House were read the first time and referred to committees: HB 66. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Adams of the 79th: A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide for the forfeiture of a motor vehicle operated by a person who is arrested for driving under the influence if the person has two previous convictions of driving under the influ ence within a five-year period. Referred to Committee on Special Judiciary. HB 93. By Representative Smith of the 78th: A bill to amend Code Section 48-5-18 of the Official Code of Georgia Annotated, relating to time for making tax returns, so as to provide for dates for opening and closing books for the return of taxes. Referred to Committee on Banking and Financial Institutions. 670 JOURNAL OF THE SENATE HB 182. By Representatives Dobbs of the 74th, Patten of the 149th, Porter of the 119th and others: A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to solid waste management, so as to provide for limitations on the modi fication of permits to operate solid waste handling facilities. Referred to Committee on Natural Resources. HB 224. By Representatives Pettit of the 19th, Holmes of the 28th and Dunn of the 73rd: A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of real estate brokers and salespersons, so as to revise certain educational requirements for real estate licensees; to revise the qualifica tions for the issuance of real estate licenses to nonresidents who are licensed in another state. Referred to Committee on Governmental Operations. HB 428. By Representatives Walker of the 115th, Murphy of the 18th, Groover of the 99th and others: A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions pertaining to the General Assembly, so as to change provisions relating to the method of proof of advertisement of local bills. Referred to Committee on Governmental Operations. HB 439. By Representatives Watson of the 114th and Hamilton of the 124th: A bill to amend Code Section 8-2-104 of the Official Code of Georgia Annotated, relating to the employment of inspectors and inspection fees with respect to the inspection or operation of elevators, dumbwaiters, escalators, and moving walks, so as to provide that elevators, dumbwaiters, escalators, manlifts, and moving walks subject to inspection shall be inspected at certain times and inspection fees and operating fees therefor shall be paid by a certain time. Referred to Committee on Governmental Operations. HB 532. By Representatives Holland of the 136th and Hanner of the 131st: A bill to repeal an Act to provide for a board of elections in each county of this state having a population of not less than 11,675 nor more than 11,725 according to the United States decennial census of 1980 or any future such census. Referred to Committee on Governmental Operations. HB 548. By Representative Lane of the 27th: A bill to amend Article 2 of Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to the acquisition, construction, and maintenance of airports and landing fields by counties and municipalities, so as to prohibit the acquisi tion of property by condemnation outside the territiorial boundaries of the county or municipality for a certain period of time. Referred to Committee on Transportation. HB 582. By Representative Smyre of the 92nd: A bill to amend Code Section 20-3-250.3 of the Official Code of Georgia Anno tated, relating to exemptions from the "Nonpublic Postsecondary Educational Institutions Act of 1990," so as to exempt certain nonpublic medical schools from the application of such Act. Referred to Committee on Higher Education. THURSDAY, FEBRUARY 14, 1991 671 HB 647. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th: A bill to provide for the creation of one or more community improvement dis tricts in Douglas County. Referred to Committee on Urban and County Affairs. HB 655. By Representatives Alford of the 57th, Baker of the 51st, Teper of the 46th and others: A bill to create the City of DeKalb Study Commission. Referred to Committee on Urban and County Affairs. The following reports of standing committees were read by the Secretary: Mr. President: The Committee on Finance and Public Utilities has had under consideration the follow ing resolutions of the House and has instructed me to report the same back to the Senate with the following recommendations: HR 74. Do pass as amended. HR 160. Do pass as amended. Respectfully submitted, Senator Starr of the 44th District, Chairman Mr. President: The Committee on Higher Education has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 31. Do pass by substitute. SR 129. Do pass. HB 317. Do pass. HB 318. Do pass. Respectfully submitted, Senator Hammill of the 3rd District, Chairman Mr. President: The Committee on Insurance and Labor has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendation: SB 279. Do pass. Respectfully submitted, Senator Pollard of the 24th District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following bill of the Sen ate and has instructed me to report the same back to the Senate with the following recommendation: 672 JOURNAL OF THE SENATE SB 229. Do pass. Respectfully submitted, Senator Baldwin of the 29th District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following bills of the Sen ate and has instructed me to report the same back to the Senate with the following recommendations: SB 67. Do pass by substitute. SB 211. Do pass by substitute. Respectfully submitted, Senator Baldwin of the 29th 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 223. Do pass by substitute. HB 259. Do pass by substitute. HB 476. Do pass. Respectfully submitted, Senator Edge of the 28th District, Chairman Mr. President: The Committee on Urban and County Affairs has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation: HB 287. 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 has instructed me to report the same back to the Senate with the following recommendations: SB 293. Do pass. SB 298. Do pass. Respectfully submitted, Senator Harris of the 27th District, Chairman The following bills and resolutions of the Senate and House were read the second time: SB 79. By Senator Thompson of the 33rd: A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of rates, underwriting rules, and related organizations, THURSDAY, FEBRUARY 14, 1991 673 so as to require an insurer which files a rate, rating plan, rating system, or under writing rule reflecting an increase in the current riling to notify each of its policyholders residing in this state; to provide for the manner of notification; to provide for the content of such notice. SB 93. 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; to provide for the legality of certain orders not to resuscitate. SB 131. By Senator Burton of the 5th: A bill to amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to issuance of bad checks, so as to change the definition of the term "present consideration". SB 144. By Senators Walker of the 22nd, Walker of the 43rd and Alien of the 2nd: 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 legislative intent; to provide definitions; to require minority business enterprises to be certified by the Department of Administrative Services before bidding on state contracts; to pro vide the requirements for certification as a minority business enterprise. SB 145. By Senators Ragan of the 32nd, Newbill of the 56th, Clay of the 37th and others: A bill to amend Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, so as to provide that it shall be unlawful for any person to sell or offer for sale concert tickets for a price in excess of the price printed on the ticket; to provide that a service charge may be imposed; to provide that concert ticket scalping shall be a misdemeanor. SB 146. By Senators Newbill of the 56th and Clay of the 37th: A bill to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to exemptions from public disclosure of records, so as to change the ex emption regarding records obtained in internal investigations made by govern mental agencies. SB 173. By Senators Deal of the 49th, Newbill of the 56th, Johnson of the 47th and others: A bill to amend Article 2 of Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to acquisition, construction, and maintenance of airports and landing fields by counties, municipalities, and other political subdivisions, so as to prohibit cities, counties, or other political subdivisions from condemning prop erty for, or operating, an airport outside their territorial boundaries except with the consent of the governing authority of the county, city, or other political sub division wherein the airport is to be located. SB 174. By Senators Deal of the 49th, Garner of the 30th, Baldwin of the 29th and John son of the 47th: A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions pertaining to the General Assembly, so as to change provisions relating to the method of proof of advertisement of local bills; to pro vide for related matters; to provide for an effective date and for applicability. 674 JOURNAL OF THE SENATE SB 209. By Senators Taylor of the 12th, Olmstead of the 26th and Harris of the 27th: A bill to amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning, so as to require notification of certain acquisi tions and provide fines relating thereto; to provide for limitations upon the times when applications for certificates of need for certain facilities may be made and provide for notifications and determinations relating thereto; to provide for agreements to provide clinical health services to indigent persons and provide penalties relating thereto. SB 224. By Senator Dawkins of the 45th: A bill to amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, so as to authorize the judge of the probate court or chief magistrate of the magistrate court of any county, with the approval of the gov erning authority of any such county, to contract with certain entities to provide probation services or to establish a county probation system with respect to per sons sentenced for misdemeanors in the probate or magistrate courts in such county. SB 230. By Senators Pollard of the 24th, Taylor of the 12th and Robinson of the 16th: A bill to amend Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to offenses involving theft, so as to enact the "Motor Vehicle Chop Shop and Stolen and Altered Property Act"; to provide for a short title; to provide for legislative intent; to provide for definitions; to provide for offenses and penalties. SB 236. By Senators Kidd of the 25th, Garner of the 30th and Bowen of the 13th: A bill to amend Article 10 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to dedication of property, so as to provide requirements for the construction of a funeral establishment on property which has previously been dedicated for use as a cemetery. SB 244. By Senators Coleman of the 1st, Hooks of the 14th, Thompson of the 33rd and Hill of the 4th: A bill to amend Title 6 of the Official Code of Georgia Annotated, relating to aviation, so as to enact the "Georgia Airport Development Authority Law"; to provide for a short title; to provide for legislative purpose; to provide for defini tions; to provide for creation of the authority. SB 271. By Senators Gillis of the 20th, Robinson of the 16th, Perry of the 7th and Echols of the 6th: A bill to amend Chapter 1 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to game and fish, so as to provide for the creation of a fund into which all moneys received by the Department of Natural Resources which are derived from the sale of timber from state owned lands managed for public hunting and fishing by the Department of Natural Resources shall be deposited. SB 272. By Senators Gillis of the 20th, Robinson of the 16th, Hooks of the 14th and others: A bill to amend Article 1 of Chapter 2 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions applicable to the Department of Natu ral Resources, so as to authorize the establishment and operation of programs of volunteer services to the department to facilitate, amplify, or supplement the objectives and functions of the department. THURSDAY, FEBRUARY 14, 1991 675 SR 22. By Senator Alien of the 2nd: A resolution creating the Chatham County Judicial Compensation Study Committee. SR 23. By Senators Kidd of the 25th, Ray of the 19th, Garner of the 30th and Hammill of the 3rd: A resolution relating to hiring freezes, layoffs, or furloughs involving state employees. SR 140. By Senator Echols of the 6th: A resolution authorizing the conveyance of certain state owned real property lo cated in Brantley County, Georgia, to the Brantley County Board of Education; to provide an effective date. SR 151. By Senator Perry of the 7th: A resolution applying to the Congress of the United States to call a convention for the purpose of proposing an amendment to the Constitution of the United States with respect to certain disrespectful acts involving the flag of the United States or the flags of the several states. SR 152. By Senators Tysinger of the 41st, Steinberg of the 42nd and Egan of the 40th: A resolution relative to the adoption of a comprehensive national energy strategy. SR 159. By Senators Deal of the 49th, Foster of the 50th and Johnson of the 47th: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for a source of revenue other than ad valorem taxes for local school systems by authorizing the county governing authorities to im pose a special 1 percent sales and use tax for capital outlay projects for educa tional purposes; to provide for the submission of this amendment for ratification or rejection. SR 163. By Senators Dean of the 31st, Deal of the 49th and Garner of the 30th: A resolution amending the Rules of the Senate. HB 42. By Representative Cummings of the 17th: A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement, so as to change the provisions relating to the membership of the boards of directors or boards of commissioners of certain retirement systems and the State Employees' Assurance Department. HB 67. By Representatives Thomas of the 69th, Groover of the 99th and Pettit of the 19th: 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 134. By Representative Watson of the 114th: A bill to amend Article 2 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to security deposits with respect to landlords and tenants, so as to change the provisions relating to liability for rent of military personnel re ceiving change of duty orders. 676 JOURNAL OF THE SENATE HB 173. By Representatives Lee of the 72nd, Groover of the 99th and Walker of the 115th: A bill to amend Article 2 of Chapter 3 of Title 28 of the Official Code of Georgia Annotated, relating to the Secretary of the Senate and the Clerk of the House of Representatives, so as to change provisions relating to succession to the office of Clerk of the House. HB 196. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd 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 an unopposed candidate or the campaign committee of an unopposed candi date shall not be required to file certain disclosure reports. HB 220. By Representatives Thomas of the 69th and Groover of the 99th: A bill to amend Code Section 15-2-4 of the Official Code of Georgia Annotated, relating to place of sessions and terms of the Supreme Court, so as to change a motion for a rehearing to a motion for reconsideration. HB 271. By Representative Pettit of the 19th: 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 281. By Representatives Watson of the 114th and Pettit of the 19th: 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. HB 303. By Representatives Smyre of the 92nd, McKelvey of the 15th, Martin of the 26th and others: A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations so as to revise comprehensively Chapter 8 of said title, known as the "Employment Security Law". HB 313. By Representative Campbell of the 23rd: A bill to amend Code Section 36-32-21 of the Official Code of Georgia Annotated, relating to definitions of terms used in Article 2 of Chapter 32 of Title 36, known as "The Georgia Municipal Courts Training Council Act," so as to change the definition of the term "certified municipal judge". HB 346. By Representatives Cummings of the 17th and Baker of the 51st: A bill to amend Code Section 47-3-82 of the Official Code of Georgia Annotated, relating to reestablishing creditable service under the Teachers Retirement Sys tem of Georgia for membership service for which contributions have been with drawn, so as to restate and clarify certain provisions relating to the reestablishment of such creditable service. HB 441. By Representatives Cummings of the 17th, Baker of the 51st and Smith of the 78th: A bill to amend Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firemen's Pension Fund, so as to provide certain defini- THURSDAY, FEBRUARY 14, 1991 677 tions; to change the requirements for eligibility in such fund; to change certain provisions relating to leaves of absence from and reinstatement to such fund. HB 442. By Representatives Buck of the 95th, Floyd of the 135th, Powell of the 13th and others: A bill to amend Code Section 47-16-61 of the Official Code of Georgia Annotated, relating to payments to the Sheriffs' Retirement Fund of Georgia from fees col lected in civil actions, so as to increase the additional sum collected in certain civil actions. HB 484. By Representatives Cummings of the 17th, Buck of the 95th and Floyd of the 135th: A bill to amend Code Section 47-17-22 of the Official Code of Georgia Annotated, relating to the powers and duties of the Board of Commissioners of the Peace Officers' Annuity and Benefit Fund, so as to authorize such board to correct cer tain errors in records which result in an overpayment or an underpayment to a beneficiary. HR 73. By Representatives Coleman of the 118th and Colwell of the 4th: A resolution authorizing the granting of a nonexclusive easement for operation and maintenance of a sanitary sewer line in, on, over, under, upon, across, or through property owned by the State of Georgia in Dodge County, Georgia. HR 80. By Representatives Colwell of the 4th and Twiggs of the 4th: A resolution authorizing the grant of a nonexclusive easement for the construc tion, operation, and maintenance of an underground audio transmission cable in, on, over, under, upon, across or through property owned by the State of Georgia in Fannin County and Gilmer County, Georgia. HR 103. By Representatives Pettit of the 19th, McKelvey of the 15th and Childers of the 15th: A resolution authorizing the conveyance of certain state owned real property lo cated in Bartow County, Georgia, to the City of Adairsville. HR 150. By Representatives White of the 132nd, Chambless of the 133rd, Cummings of the 134th and Balkcom of the 140th: A resolution authorizing the conveyance of certain state owned real property lo cated in Dougherty County, Georgia, to Dougherty County and the acceptance of certain real property owned by Dougherty County located in Dougherty County, Georgia, in consideration therefor. The President called for the morning roll call, and the following Senators answered to their names: Albert Alien Baldwin Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Edge Egan English Foster Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips 678 JOURNAL OF THE SENATE Pollard Ragan of 32nd Ramsey Ray Robinson Shumake Starr Steinberg Tate Taylor Timmons Turner Tysinger Walker of 22nd White Those not answering were Senators: Bishop Echols Garner Gillis Ragan of 10th Scott Thompson Walker of 43rd Senator Pollard of the 24th introduced the chaplain of the day, Reverend Ed Floyd, pastor of Kiokee Baptist Church, Appling, Georgia, who offered scripture reading and prayer. The following resolutions of the Senate and House were read and adopted: SR 181. By Senators Starr of the 44th and Collins of the 17th: A resolution honoring Pfc. Charles Scott Walker. SR 182. By Senator Ray of the 19th: A resolution expressing support for the men and women of Coffee County serving in Operation Desert Storm and their families. HR 297. By Representatives Baker of the 51st, Murphy of the 18th, Thomas of the 69th and others: A resolution urging the State Board of Education to assist local school boards in increasing student awareness of the importance of exercising the right to vote. Senator Gillis of the 20th moved that Senator Garner of the 30th be excused from the Senate today due to illness. On the motion, the yeas were 30, nays 0; the motion prevailed, and Senator Garner of the 30th was excused from the Senate today. Senator Perry of the 7th moved that Senator Echols of the 6th be excused from the Senate today due to a death in his family. On the motion, the yeas were 33, nays 0; the motion prevailed, and Senator Echols of the 6th was excused from the Senate today. The following local, uncontested bills of the Senate, favorably reported by the commit tee as listed on the Senate Local Consent Calendar, were put upon their passage: SENATE LOCAL CONSENT CALENDAR February 14, 1991 TWENTY-FIRST LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) SB 293 Ramsey, 54th Hasty, 51st A bill to change the position of part-time magistrate to full-time magistrate THURSDAY, FEBRUARY 14, 1991 679 of Magistrate Court of Whitfield County; to provide for the election of the new full-time magistrate. SB 298 Garner, 30th Moye, 34th A bill to change provisions relating to filling of vacancies on the Board of Commissioners, and to provide for application to certain previously filled va- The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to. On the passage of the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Bowen Broun Burton *y CCoollleimnsan Dawkins Deal Dean Edge Egan Foster Gillis Hammill Harris Hasty Hill Hooks JKoihdndson Langford Marable Moye Olmstead Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey ^ Robinson ^,, tarr Stemberg Tay'or Thompson Turner Tysinger White Those not voting were Senators: Baldwin Bishop Echols (excused) English Garner (excused) Henson Huggins Newbill Phillips Scott Shumake Tate Timmons Walker of 22nd Walker of 43rd On the passage of the local bills, the yeas were 41, nays 0. The bills on the Senate Local Consent Calendar, having received the requisite constitu tional majority, were passed. SENATE RULES CALENDAR Thursday, February 14, 1991 TWENTY-FIRST LEGISLATIVE DAY SR 70 Special Judicial Circuits--establishment (Substitute) (S Judy--45th) (Pursuant to Senate Rule 143, final passage of the bill was suspended on February 13, 1991.) SB 89 Race Cars--equip with mufflers (Substitute) (S Judy--28th) SB 104 At-Risk Children & Youth--establish goals (YA&HE--25th) 680 JOURNAL OF THE SENATE SB 105 Children and Youth Overview Committee--create (Amendment) (YA&HE--25th) SB 123 Child Welfare--approval of family boarding homes (YA&HE--33rd) SB 182 Nursing Homes--equip with certain sprinkler systems (Substitute) (YA&HE--30th) SB 191 Failure to Pay Fine Ordered by Court--driver's license suspension (Pub S--44th) SB 212 Nursing Homes--provisions on immunity from liability (Amendment) (YA&HE--42nd) HB 291 Workers' Compensation--relating to coverage for certain volunteers (Amend ment) (I&L--16th) HR 110 Georgia River Assessment--urge certain assistance (Nat R--20th) HB 33 Retirement Bills--certification by state auditor (Ret--38th) HB 34 Public Retirement Taxation--provision on amendment to increase benefits to offset (Ret--38th) HB 35 Public Retirement Taxation--apply to present and future retirees (Ret--38th) HB 40 Employees' Retirement--employer contribution those in military (Ret--38th) HB 43 Employees' Retirement--change provisions on employer contribution amount (Ret--38th) HB 201 Elections--write-in candidate designate specific office sought (Gov Op--25th) HB 202 Superior Court Chief Deputy Clerk--time period to serve as clerk (Gov Op--25th) HB 204 Municipal Elections--time period for filing notice of candidacy (Gov Op--25th) HB 209 Tax Receiver, Collector, Commissioner--special election to fill vacancy (Gov Op--25th) HB 3 Dental Hygienists--continuing education (H&HS--26th) HB 4 Dental Hygienists--temporary licenses (H&HS--26th) HB 122 Motor Vehicle Accident Reports--Public Safety Department fees (Pub S--34th) HB 179 Anabolic Steroids--Schedule II controlled substance (H&HS--33rd) HB 186 Use of Deadly Force--apprehending escapees (Pub S--48th) HB 288 Institution Transporting Patient/Inmate with Certain Diseases--notify law en forcement agency (H&HS--26th) HB 422 Special License Plates--no issuance for citizens band radio operators (Pub S--31st) HB 423 Motor Vehicle Registration, Licensing--redefine "resident" (Pub S--31st) Respectfully submitted, /s/ Nathan Dean of the 31st, Chairman Senate Rules Committee The following general resolution of the Senate, having been read the third time on Feb ruary 1 and tabled, taken from the Table on February 12, and final action suspended on February 13, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage: SR 70. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A resolution proposing an amendment to the Constitution so as to provide for the establishment of special judicial circuits; to provide for the establishment, jurisdiction, operation, and financing of investigative grand juries, trial juries, THURSDAY, FEBRUARY 14, 1991 681 courts, and personnel in the special judicial circuits; to provide for procedures and other matters related thereto; to provide for submission of this amendment for ratification or rejection. The substitute to SR 70 offered by Senator Dawkins of the 45th, as it appears in the Journal of February 13, 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 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 Alien Baldwin Bowen Broun Clay Coleman Collins Dawkins Deal Dean Edge Egan Foster Gillis Hammill Harris Hasty Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Shumake Starr Steinberg Taylor Thompson Timmons Turner Tysinger Walker of 22nd White Those not voting were Senators: Bishop Echols (excused) English Garner (excused) Henson Langford Scott Tate Walker of 43rd On the adoption of the resolution, the yeas were 47, nays 0. The resolution, having received the requisite two-thirds constitutional majority, was adopted by substitute. The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage: SB 89. By Senator Edge of the 28th: A bill to amend Code Section 40-8-71 of the Official Code of Georgia Annotated, relating to motor vehicle exhaust systems, so as to provide that certain motor vehicles operated on racetracks shall be equipped with mufflers. 682 JOURNAL OF THE SENATE The Senate Committee on Special Judiciary offered the following substitute to SB 89: A BILL To be entitled an Act to amend Code Section 40-8-71 of the Official Code of Georgia Annotated, relating to motor vehicle exhaust systems, so as to provide that certain motor vehicles operated on racetracks shall be equipped with mufflers; to provide for related mat ters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 40-8-71 of the Official Code of Georgia Annotated, relating to motor vehicle exhaust systems, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 40-8-71 to read as follows: "40-8-71. (a) Except as provided in subsection (d) of this Code section, every motor vehicle shall at all times be equipped with an exhaust system, in good working order and in constant operation, meeting the following specifications: (1) The exhaust system shall include the piping leading from the flange of the exhaust manifold to and including the muffler or mufflers and tail pipes; (2) The use of flexible pipe shall be prohibited except on diesel tractors or according to manufacturers' original specifications; (3) The exhaust emission point shall extend beyond the rear or outside of the passenger compartment. The trunk shall be considered as part of the passenger compartment; (4) The exhaust system and its elements shall be securely fastened, including the con sideration of missing or broken hangers; and (5) There shall be no part of the exhaust system passing through the passenger com partment or any exposed stack so located that any individual entering or leaving the vehicle may be burned. (b) The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke. (c) It shall be unlawful for any person to sell or offer for sale any muffler which causes excessive or unusual noise or annoying smoke, or any muffler cutout, bypass, or similar de vice for use on a motor vehicle, or for any person to use, to sell, or to offer for sale any motor vehicle equipped with any such muffler, muffler cutout, bypass, or similar device. Any per son violating this subsection shall be guilty of a misdemeanor. (d) Any motor vehicle operated in a race, drag race, speed competition, or other compe tition between motor vehicles held on a licensed racetrack or speedway shall be required to comply with the exhaust system requirements provided for in subsection (a) of this Code section; provided, however, that if such racetrack or speedway is located more than one-half mile from any residence, residential facility, or health care facility, unless such residence, residential facility, or health care facility is located on the premises of the racetrack or speedway, such motor vehicles shall not be required to be equipped with mufflers or other devices designed to prevent excessive noise." Section 2. All laws and parts of laws in conflict with this Act are repealed. Senator Edge of the 28th offered the following amendment: Amend the substitute to SB 89 offered by the Senate Committee on Special Judiciary by inserting between the word and symbol "mufflers;" and the word "to" on line 4 of page 1 the following: "to provide an exception;". THURSDAY, FEBRUARY 14, 1991 683 By striking line 33 of page 2 in its entirety and inserting in lieu thereof the following: "devices designed to prevent excessive noise. (e) Subsection (d) of this Code section shall not be applicable unless the governing authority of the municipality or county wherein the racetrack or speedway is located has, by proper resolution or ordinance, adopted to put into effect subsection (d) of this Code section.' " Senator Edge of the 28th moved that SB 89 be placed on the Table. On the motion, the yeas were 37, nays 1; the motion prevailed, and SB 89 was placed on the Table. Senator Harris of the 27th introduced the doctor of the day, Dr. Lee Woodall, of Barnesville, Georgia. The following bill of the House was taken up for the purpose of considering the House action thereon: HB 284. By Representatives Murphy of the 18th, Coleman of the 118th, Walker of the 115th and others: A bill to amend an Act providing appropriations for the State Fiscal Year 19901991 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1990-1991. Senator Johnson of the 47th moved that the Senate insist upon the Senate substitute to HB 284. On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 284. Senator Deal of the 49th, President Pro Tempore, assumed the Chair. Senator Ragan of the 10th introduced Nikki Robinson, who was commended by SR 77, adopted previously. The following general bills of the Senate, favorably reported by the committee, were read the third time and put upon their passage: SB 104. By Senator Kidd of the 25th: A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to establish goals for the at-risk children and youth in the State of Georgia; to provide for applicability; to provide for strategy and util ization of resources; to provide for services for families with problems; to provide for statements of policy by state agencies and other entities. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bowen Broun Burton Clay Collins Dawkins 684 JOURNAL OF THE SENATE Dean Edge Egan English TMs!er HHHaasrrtyi.s Henson Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perrv Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Shumake Tate Taylor Thompson Turner Tysinger White Those not voting were Senators: Bishop Coleman Deal (presiding) Echols (excused) Garner (excused) Hammill Hm Scott Starr Steinberg Timmons Walker of 22nd Walker of 43rd On the passage of the bill, the yeas were 43, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 105. By Senator Kidd of the 25th: A bill to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to create the Georgia Children and Youth Overview Committee; to provide for members, officers, duties, functions, powers, authority, compensation, appointments, and vacancies; to provide for funds; to provide for matters relative to the foregoing; to provide for an effective date. The Senate Committee on Youth, Aging, and Human Ecology offered the following amendment: Amend SB 105 by striking from lines 22 and 24, respectively, of page 1 the following: "Five", and inserting in lieu thereof the following: "Four". By striking from the end of line 23 of page 1 the word "and". By striking the period at the end of line 26 and inserting in lieu thereof a semicolon. By inserting after line 26 of page 1 the following: "(5) One member from the public at large who has special knowledge and expertise on the subject of children and youth, to be appointed by the President of the Senate; and (6) One member from the public at large who has special knowledge and expertise on the subject of children and youth, to be appointed by the Speaker of the House of Representatives." On the adoption of the amendment, the yeas were 30, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. THURSDAY, FEBRUARY 14, 1991 685 On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin BishP Broun urton ^Co,flh. ns DK aw"kin1s8 Edgg Egan Foster Gillis Harris Hasty Henson Hooks Huggins Johnson Kidd Langford M. arable NMeowyebill Ohnstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Shumake Starr Sr^te.inberg TTaaytelor Thompson Timmons Turner Tysinger Walker of 22nd White Those not voting were Senators: Bowen Coleman Deal (presiding) Echols (excused) English Garner (excused) Hammill Hill Scott Walker of 43rd On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. SB 123. By Senator Thompson of the 33rd: 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 change defi nitions; to redefine child welfare agency; to change the provisions relating to ap proval and inspections of family boarding homes, foster family homes, and family day-care homes approved, supervised, and used by child welfare agencies; to au thorize periodic, in lieu of annual, reports from child welfare agencies. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Broun Burton Clay Coleman Collins Dawkins Dean Edge Egan English Foster Gillis Harris Hasty Henson Hooks Huggins Johnson Langford Marable Moye Newbill Olmstead Perdue Perry Pollard 686 JOURNAL OF THE SENATE Ragan of 10th Ragan of 32nd JJ*msey Robinson Scott Shumake Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger White Those not voting were Senators: Bowen Deal (presiding) Echols (excused) Garner (excused) Hammill Hill Kidd Phillips Walker of 22nd Walker of 43rd On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed. The President resumed the Chair. SB 182. By Senator Garner of the 30th: A bill to amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fire and other hazards, so as to require that nursing homes be equipped with certain sprinkler systems. The Senate Committee on Youth, Aging, and Human Ecology offered the following sub stitute to SB 182: A BILL To be entitled an Act to amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fire and other hazards, so as to require that nursing homes be equipped with certain sprinkler systems; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fire and other hazards, is amended by adding at the end a new Code section to read as follows: "25-2-41. On and after July 1, 1993, every institution classified as a nursing home by the Department of Human Resources pursuant to Article 1 of Chapter 7 of Title 31 shall be equipped with an automatic fire suppression sprinkler system which meets the standards therefor adopted by the Commissioner." Section 2. Said Chapter is further amended by adding a new Code Section 25-2-42 to read as follows: "25-2-42. Any existing nursing home which is enrolled as a provider in the Medicaid program established under Title XIX of the federal Social Security Act of 1935, as amended, which installs a sprinkler system may be reimbursed by the Department of Medi cal Assistance for the reasonable costs of equipping the facility with a sprinkler system. Such reimbursement shall be made by the Department of Medical Assistance within a rea sonable time after receipt of evidence that a sprinkler system has, in fact, been installed. The Department of Medical Assistance shall consider the size, location, and construction of a facility in determining whether the costs submitted by the nursing home provider are reasonable. Further, reimbursement to nursing home providers shall be calculated by a formula which apportions the reasonable costs of installing a sprinkler system between Medicaid recipients and other residents of the nursing home." THURSDAY, FEBRUARY 14, 1991 687 Section 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Edge Egan English Foster Gillis Hammill Harris Hasty Henson Hill Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate Taylor Thompson Timmons Tysinger Walker of 22nd White Those not voting were Senators: Echols (excused) Garner (excused) Hooks Turner Walker of 43rd 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 Dean of the 31st moved that SB 182 be immediately transmitted to the House. On the motion, the yeas were 37, nays 0; the motion prevailed, and SB 182 was immedi ately transmitted to the House. The following bill of the Senate was taken up for the purpose of considering the House substitute thereto: SB 103. By Senator Starr of the 44th: A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization and appeals from assessments of county boards of tax assessors, so as to provide that when an appeal of an assessment is made to the county board of tax assessors and no change or correction is made by said county board of tax assessors, the notice sent to the taxpayer shall also be sent to the county board of equalization and shall constitute the taxpayer's appeal to the county board of equalization without the necessity of the tax payer's filing any additional notice of appeal. 688 JOURNAL OF THE SENATE The House substitute to SB 103 was as follows: A BILL To be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, so as to provide that the filing of a certain real estate transfer tax form shall serve as a return of real property for ad valorem tax purposes; to provide that when an appeal of an assessment is made to the county board of tax assessors and no change or correction is made by said county board of tax assessors, the notice sent to the taxpayer shall also be sent to the county board of equalization and shall constitute the taxpayer's appeal to the county board of equalization without the necessity of the taxpayer's filing any additional notice of appeal; to provide for appeal procedures; to provide for other matters relative thereto; to provide for effective dates and for applicability; 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 a new subsection at the end of Code Section 48-5-15, relating to returns of taxable real property, to be designated subsection (d), to read as follows: "(d) The filing of a real estate transfer tax form in conjunction with the payment of the real estate transfer tax required under Article 1 of Chapter 6 of this title containing the information otherwise required for a return of real property under this Code section shall serve as a return of such real property under this Code section." Section 2. Said chapter is further amended by striking paragraphs (1) through (3) of subsection (e) of Code Section 48-5-311, relating to county boards of equalization and ap peals from assessments of county boards of tax assessors, and inserting in their place new paragraphs (1) through (3) to read as follows: "(1) Any resident or nonresident taxpayer may appeal from an assessment by the county board of tax assessors to the county board of equalization as to matters of taxability, uniformity of assessment, and value, and, for residents, as to denials of homestead exemp tions, in the manner provided in paragraph (2) of this subsection. (2) (A) An appeal shall be effected by filing with the county board of tax assessors a notice of appeal within 30 days from the date of mailing the notice pursuant to Code Sec tion 48-5-306. A written objection to an assessment of real property received by a county board of tax assessors stating the location of the real property and the identification num ber, if any, contained in the tax notice shall be deemed a notice of appeal by the taxpayer under the grounds listed in paragraph (1) of this subsection. A written objection to an as sessment of personal property received by a county board of tax assessors giving the account number, if any, contained in the tax notice and stating that the objection is to an assess ment of personal property shall be deemed a notice oif appeal by the taxpayer under the grounds listed in paragraph (1) of this subsection. The county board of tax assessors shall review the valuation or denial in question and, if any changes or corrections are made in the valuation or decision in question, the board shall send a notice of the changes or corrections to the taxpayer pursuant to Code Section 48-5-306. Such notice shall also explain the tax payer's right to appeal to the county board of equalization as provided in subparagraph (C) of this paragraph if the taxpayer is dissatisfied with the changes or corrections made by the county board of tax assessors. (B) If no changes or corrections are made in the valuation or decision, the county board of tax assessors shall send written notice thereof to the taxpayer and to the county board of equalization which notice shall also constitute the taxpayer's appeal to the county board of equalization without the necessity of the taxpayer's filing any additional notice of appeal to the county board of tax assessors or to the county board of equalization. The county board of tax assessors shall also send or deliver all necessary papers to the county board of equalization. THURSDAY, FEBRUARY 14, 1991 689 (C) If changes or corrections are made by the county board of tax assessors, the board shall notify the taxpayer in writing of such changes. If the taxpayer is dissatisfied with such changes or corrections, the taxpayer shall, within 21 days of the date of mailing of the change notice, institute an appeal to the county board of equalization by sending a written notice of appeal to the county board of tax assessors. The county board of tax assessors shall send or deliver the notice of appeal and all necessary papers to the county board of equalization. (3) Reserved." Section 3. (a) Except as provided in subsection (b) of this section, this Act shall become effective on July 1, 1991, and shall apply to an appeal from an assessment by a county board of tax assessors which is filed on or after that date. (b) Section 1 of this Act and this section shall become effective upon this Act's approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 1991. Section 4. All laws and parts of laws in conflict with this Act are repealed. Senator Starr of the 44th moved that the Senate agree to the House substitute to SB 103. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun B urton ^CCool,llyeinmgan Dawkins Deal fjean Edge Egan English Foster Gillis Hammill Harris Hasty Henson Hill Huggins Johnson KTLaidndgf-ord* parable Moye Newbill Olmstead Perdue Perry Phillips Pollard Those not voting were Senators: Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake SnS,tteamr rbi erg Tate Taylor Thompson Turner Tysinger Walker of 22nd Walker of 43rd White Echols (excused) Garner (excused) Hooks Timmons On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 103. 690 JOURNAL OF THE SENATE The following general bills and resolution of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage: SB 191. By Senator Starr of the 44th: A bill to amend Code Section 40-5-56 of the Official Code of Georgia Annotated, relating to suspension of a driver's license for failure to respond to citation, so as to provide for suspension of a driver's license for failure to timely pay a fine ordered by the sentence of a court of competent jurisdiction; to provide an effec tive date. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Broun Burton Clay Coleman Collins Dawkins Deal Dean Edge English Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate Thompson Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Bowen Echols (excused) Egan Foster Garner (excused) Langford Newbill Taylor Timmons On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 212. By Senators Steinberg of the 42nd, Garner of the 30th, Johnson of the 47th and Scott of the 36th: 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; to change the provision relating to confidentiality; to provide for legisla tive intent and for rules to prevent certain conflicts or loss of funds. THURSDAY, FEBRUARY 14, 1991 691 The Senate Committee on Youth, Aging, and Human Ecology offered the following amendment: Amend SB 212 by striking from line 23 of page 1 the following: "be responsible for the accuracy of information or". On the adoption of the amendment, the yeas were 30, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill 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 Bishop Broun Burton Clay Collins Dawkins Dean Edge English Foster Gillis Hammill Harris Hasty Henson Hill Huggins Kidd Langford Marable Moye Olmstead Perdue Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate Thompson Timmons Turner Tysinger White Those not voting were Senators: Alien Bowen Coleman Deal Echols (excused) Egan Garner (excused) Hooks Johnson Newbill Perry Taylor ,,, Walker of 22nd Walker of 43rd On the passage of the bill, the yeas were 42, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. Senator Dean of the 31st moved that SB 212 be immediately transmitted to the House. On the motion, the yeas were 30, nays 0: the motion prevailed, and SB 212 was immedi ately transmitted to the House. HB 291. By Representatives Dover of the llth, Jamieson of the llth, Twiggs of the 4th, and Irwin of the 57th: A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to change the conditions under which volunteers of fire departments, law enforcement agencies, emergency manage ment or civil defense organizations, emergency medical services, or rescue organi zations and persons certified as medical first responders may be covered employees. Senate Sponsors: Senators Pollard of the 24th and Robinson of the 16th. 692 JOURNAL OF THE SENATE The Senate Committee on Insurance and Labor offered the following amendment: Amend HB 291 by striking from line 26 of page 2 the following: "any". On the adoption of the amendment, the yeas were 32, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Broun Burton CCoollleimnsan Dawkins Deal Dean Edge English Foster Gillis Harris Henson Hill Huggins Johnson KMiadrdable Moye Olmstead Perdue Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr S0tem. b, erg a Turner Tysmger Walker of 22nd Walker of 43rd White Voting in the negative were Senators Hasty and Taylor. Those not voting were Senators: Bowen Clav Echols (excused) Egan Garner (excused) Hammill Hooks Langford Newbill Perry Shumake Thompson Timmons On the passage of the bill, the yeas were 41, nays 2. The bill, having received the requisite constitutional majority, was passed as amended. HR 110. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st: A resolution urging the United States Department of the Interior, through the National Park Service rivers and trails conservation assistance program, to assist in the completion of a comprehensive assessment of Georgia's rivers. Senate Sponsor: Senator Gillis of the 20th. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. THURSDAY, FEBRUARY 14, 1991 693 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 Bishop Broun Burton Clay Coleman Collins Dawkins Deal Dean Edge Foster Gillis Harris Hasty Henson Hill Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Alien Bowen Echols (excused) Egan English Garner (excused) Hammill Hooks Phillips Pollard On the adoption of the resolution, the yeas were 46, nays 0. The resolution, having received the requisite constitutional majority, was adopted. HB 33. By Representative Cummings of the 17th: A bill to amend Article 4 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to procedures controlling retirement bills in the General As sembly under the "Public Retirement Systems Standards Law," so as to require certification by the state auditor as a condition precedent to the introduction of any retirement bill, including a retirement bill having a fiscal impact. Senate Sponsors: Senators Starr of the 44th and Tate of the 38th. The following Certification, as required by law, was read by the Secretary: Department of Audits 254 Washington Street, SW 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 7, 1991 SUBJECT: House Bill 33 (LC 7 7801) Public Retirement Systems Standards Law This bill would require that state auditor certification be obtained on any retirement bill (fiscal or nonfiscal) prior to its introduction. The bill also provides for a fiscal retirement bill to be amended to a nonfiscal bill by the committee to which the retirement bill was originally assigned. 694 JOURNAL OF THE SENATE This is to certify that this bill does not amend a retirement system and therefore is not a retirement bill under the Public Retirement Systems Standards Law. /s/ G. W. Hogan State Auditor The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Broun Burton Clay Collins Dawkins Deal Dean Edge English Foster Gillis Harris Hasty Henson Hill Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Pollard Those not voting were Senators: Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Steinberg Tate Thompson Timmons Turner Tysinger Walker of 43rd White Bowen Coleman Echols (excused) Egan Garner (excused) Hammill Hooks Phillips Starr Taylor Walker of 22nd On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 34. By Representative Cummings of the 17th: A bill to amend Article 6 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to miscellaneous provisions of the "Public Retirement Sys tems Standards Law," so as to provide that a certain amendment to the law au thorizing boards of trustees of retirement or pension systems to increase benefits to offset wholly or partially the taxation of such benefits under Georgia income tax laws shall not be subject to the said "Public Retirement Systems Standards Law". Senate Sponsors: Senators Starr of the 44th and Tate of the 38th. THURSDAY, FEBRUARY 14, 1991 695 The following Certification, as required by law, was read by the Secretary: Department of Audits 254 Washington Street, SW 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 7, 1991 SUBJECT: House Bill 34 (LC 7 7768) Retirement System Laws (OCGA 47-20-64) This bill would amend the Public Retirement Systems Standards Law to provide that any proposed legislation relating to the increase of benefits to offset taxation (OCGA 47-130) would not be subject to the requirements of the Public Retirement Systems Standards Law. 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. /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 Alien Baldwin Bishop Broun ^rton Coleman CDoealllins Dean Edge English Foster Gillis Harris Hasty Henson Hill Hooks Huggins Johnson Kidd LMaanrgafbolred Moye Newbill Olmstead Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Scott Shumake g. ,,S,tem. b, erg 1 ate Thompson Turner Tysinger Walker of 43rd White Those not voting were Senators: Bowen Clay Dawkins Echols (excused) Egan Garner (excused) Hammill Phillips Robinson Taylor Timmons Walker of 22nd On the passage of the bill, the yeas were 44, nays 0. 696 JOURNAL OF THE SENATE The bill, having received the requisite constitutional majority, was passed. HB 35. By Representative Cummings of the 17th: A bill to amend Code Section 47-1-30 of the Official Code of Georgia Annotated, relating to the authority of boards of trustees of public retirement systems to increase benefits to offset wholly or partially the taxation of benefits under Geor gia income tax laws, so as to provide that the authority granted by said Code section shall apply to both present and future retirees and beneficiaries. Senate Sponsors: Senators Starr of the 44th and Tate of the 38th. The following Certification, as required by law, was read by the Secretary: Department of Audits 254 Washington Street, SW 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 7, 1991 SUBJECT: House Bill 35 (LC 7 7769) Retirement System Laws (OCGA 47-1-30) This bill provides that any benefit increase made by the board of trustees of public retirement systems to offset taxation would apply to both present and future retirees and beneficiaries. This is to certify that this bill does not amend a retirement system law, provided that House Bill LC 7 7768 is enacted, and therefore is not a retirement bill under the Public Retirement Systems Standards Law. /s/ G.W. Hogan State Auditor The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Broun Burton Clay Coleman Dawkins Deal DEdegaen Egan English Foster Gillis Harris Hasty Hill Hooks Huggins Johnson Kidd Langford Marable MNeowyebill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Rav Robinson Scott Starr T iT,aylior Ihompson Turner Tysinger Walker of 43rd White THURSDAY, FEBRUARY 14, 1991 697 Those not voting were Senators: Baldwin Bishop Bowen Collins Echols (excused) Garner (excused) Hammill Henson Shumake Steinberg Timmons Walker of 22nd On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 40. By Representative Cummings of the 17th: A bill to amend Code Section 47-2-141 of the Official Code of Georgia Annotated, relating to employer contributions made to the Employees' Retirement System of Georgia on behalf of members while in the armed forces under certain conditions, so as to provide that such employer contributions shall be made by employers and shall be paid into the pension accumulation fund. Senate Sponsors: Senators Starr of the 44th and Tate of the 38th. The following Certification, as required by law, was read by the Secretary: Department of Audits 254 Washington Street, SW 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 4, 1991 SUBJECT: House Bill 40 (LC 7 7804) Employees' Retirement System (OCGA 47-2-141) This bill provides that employer contributions made to the Employees' Retirement Sys tem on behalf of members serving in the armed forces under certain conditions be made by the employer and paid into the pension accumulation fund. Current provisions provide that employer contributions be paid from the retirement system expense fund. 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 Skjtiaait/ec Arruuiduiit/ouir The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bowen Broun Burton Clay Coleman Collins 698 JOURNAL OF THE SENATE Dawkins Deal Dean Edge Egan English Foster Gillis Hammill Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Thompson Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Bishop Echols (excused) Garner (excused) Harris Hasty Perdue Shumake Taylor Timmons On the passage of the bill, the yeas were 47, nays O. The bill, having received the requisite constitutional majority, was passed. HB 43. By Representative Cummings of the 17th: A bill to amend Code Section 47-2-222 of the Official Code of Georgia Annotated, relating to the normal and accrued liability employer contribution rates for cer tain state departments, so as to change the provisions relating to the amount of such contributions. Senate Sponsors: Senators Starr of the 44th and Tate of the 38th. The following Certification, as required by law, was read by the Secretary: Department of Audits 254 Washington Street, SW 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 2, 1991 SUBJECT: House Bill 43 (LC 7 7816) Retirement System Laws (OCGA 47-2-222) This bill provides that the board of trustees may establish employer contribution rates of the Departments of Public Safety, Natural Resources, and Revenue to be actuarially suf ficient to fund the employer's cost of the benefits provided for groups of employees of such departments. 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 THURSDAY, FEBRUARY 14, 1991 699 The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Broun Burton Clay Coleman Collins Deal Dean Edge Egan English Foster Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Ti aatloe Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Bishop Bowen Dawkins Echols (excused) Garner (excused) Shumake On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 201. By Representatives Holmes of the 28th, Greene of the 130th, 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 all write-in candidates to designate the specific office sought where an office has multiple officeholders. 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 Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Deal Dean Edge Egan English Foster Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford 700 JOURNAL OF THE SENATE Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 43rd White Those not voting were Senators: Dawkins Echols (excused) Garner (excused) Shumake Walker of 22nd On the passage of the bill, the yeas were 51, nays, 0. The bill, having received the requisite constitutional majority, was passed. HB 202. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd and others: A bill to amend Code Section 15-6-56 of the Official Code of Georgia Annotated, relating to filling vacancies in the office of clerk of superior court in counties with a chief deputy clerk, so as to change the time period during which the chief dep uty clerk shall serve as clerk of the superior court. 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 Alien Baldwin Bishop Bowen Broun Burton Clay CCoollleimnsan Dawkins Deal Dean Edge Egan English Foster Gillis Hammill Harris Hasty Henson Hill Hooks JLoahnngsfoonrd Newbill Olmstead Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Steinberg Tate Tavlor T_h,o' mpson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Echols (excused) Garner (excused) Huggins Kidd Marable Moye Phillips Shumake Starr On the passage of the bill, the yeas were 47, nays 0. THURSDAY, FEBRUARY 14, 1991 701 The bill, having received the requisite constitutional majority, was passed. HB 204. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd and others: A bill to amend Code Section 21-3-91 of the Official Code of Georgia Annotated, relating to filing notice of candidacy in municipal elections, so as to revise the time period for filing such notice with respect to certain municipal general or special elections. 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 Alien Baldwin Bishop Bowen Broun BCl^ayTM Coleman Collins Dawkins Deal Dean Edge Egan English Foster Gillis Hammill Harris Hasty Henson Hill HHugogkm? s Johnson Kidd Langford Marable Newbill Olmstead Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Rav Robinson Scott Sghtaurmr ake Q ., Stemberg laylor Thompson Timmons Turner Tysinger Walker of 22nd White Those not voting were Senators: Echols (excused) Garner (excused) Moye Phillips Tate Walker of 43rd On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 209. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd and others: A bill to amend Part 5 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to election and qualification of county tax officials, so as to change certain provisions regarding the conducting of a special election to fill certain vacancies in the office of tax receiver, tax collector, or tax com missioner. Senate Sponsor: Senator Kidd of the 25th. The report of the committee, which was favorable to the passage of the bill, was agreed to. 702 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: Alien Baldwin Bishop Bowen Broun Burton Clay Coleman CDoalwliknisns Dean Edge Egan English Foster Gillis Hammill Harris Hasty Henson Hil1 Hooks Huggins Johnson KLaidndgford Marable Moye Newbill Olmstead Perdue Perry Ragan of 10th Ragan of 32nd Ramsey Rav Robinson Scott gtarr T ,Tih"oempson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Albert Deal Echols (excused) Garner (excused) Phillips Pollard Shumake Steinberg Taylor On the passage of the bill, the yeas were 47, 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 299. By Representatives Murphy of the 18th, Walker of the 115th, Groover of the 99th, Connell of the 87th and Lee of the 72nd: A resolution relative to adjournment. 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 284. By Representatives Murphy of the 18th, Coleman of the 118th, Walker of the 115th, Porter of the 119th, Jamieson of the llth and others: A bill to amend an Act providing appropriations for the State Fiscal Year 19901991 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1990-1991. The Speaker has appointed on the part of the House, Representatives Coleman of the 118th, Walker of the 115th and Buck of the 95th. THURSDAY, FEBRUARY 14, 1991 703 The following bill of the House was taken up for the purpose of considering the House action thereon: HB 284. By Representatives Murphy of the 18th, Coleman of the 118th, Walker of the 115th and others. A bill to amend an Act providing appropriations for the State Fiscal Year 19901991 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1990-1991. Senator Johnson of the 47th moved that the Senate adhere to the Senate substitute to HB 284, and that a Conference Committee be appointed. On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 284. 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 Garner of the 30th. The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage: HB 3. By Representative Childers of the 15th: A bill to amend Code Section 43-11-73 of the Official Code of Georgia Annotated, relating to renewal of licenses to practice dental hygiene, so as to provide for continuing education requirements. Senator 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 Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Dean Edge Egan English Foster Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Newbill Olmstead Perdue Perry Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 43rd White Those not voting were Senators: Deal Echols (excused) Garner (excused) Moye Phillips Pollard Shumake Walker of 22nd 704 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 4. By Representative Childers of the 15th: A bill to amend Article 3 of Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dental hygienists, so as to provide for temporary licenses. 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 Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Edge Egan English Foster Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Move Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinbere Tate ,_ . laylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Echols (excused) Garner (excused) Shumake On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 122. By Representatives Parham of the 105th, Barnett of the 10th and Harris of the 84th: A bill to amend Article 2 of Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to reporting of motor vehicle accidents, so as to provide for the fee which shall be charged for accident reports from the Department of Pub lic Safety. Senate Sponsor: Senator Moye of the 34th. The report of the committee, which was favorable to the passage of the bill, was agreed to. THURSDAY, FEBRUARY 14, 1991 705 On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Dawkins Deal Dean Edge English Foster Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg T1 'aattoe Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Collins Echols (excused) Egan Garner (excused) Pollard Shumake On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 179. By Representatives Parham of the 105th, Parrish of the 109th, Chafin of the 72nd and others: A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to include as Schedule III controlled sub stances anabolic steroids and certain other substances which promote muscle growth. Senator Sponsor: Senator Thompson of the 33rd. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen _ BCCTM, loraolyeumn an Dean Edge Egan Gillis Harris Hasty Henson Hooks Huggins Johnson TLMT K^a-iadn1rdgaI ffbolredj Moye Olmstead Perdue Perry Phillips Ragan of 10th Ragan of 32nd Ramsey o0SGtt., eair.nrb, erg iate Thompson Timmons Turner White 706 JOURNAL OF THE SENATE Those voting in the negative were Senators: Burton Collins Deal Foster Hammill Hill Newbill Robinson Taylor Tysinger Those not voting were Senators: Dawkins Echols (excused) English Garner (excused) Pollard Shumake Walker of 22nd Walker of 43rd On the passage of the bill, the yeas were 38, nays 10. The bill, having received the requisite constitutional majority, was passed. Senator Robinson of the 16th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing HB 179. HB 186. By Representatives Dixon of the 151st and Twiggs of the 4th: A bill to amend Code Section 17-4-20 of the Official Code of Georgia Annotated, relating to authorization of arrests with and without warrants generally and use of deadly force, so as to provide that the provisions of said Code Section 17-4-20 shall not be construed to restrict the use of deadly force by peace officers of state or local law enforcement agencies when reasonably necessary to prevent escapes or apprehend escapees from state and county correctional institutions, jails, and other places of lawful confinement. Senate Sponsor: Senator White 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 Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Deal Dean Edge Egan Foster Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Taylor Thompson Timmons Turner Tysinger Walker of 43rd White Voting in the negative were Senators Langford and Tate. Those not voting were Senators: THURSDAY, FEBRUARY 14, 1991 707 Dawkins Echols (excused) English Garner (excused) Olmstead Walker of 22nd On the passage of the bill, the yeas were 48, nays 2. The bill, having received the requisite constitutional majority, was passed. HB 288. By Representatives Buck of the 95th and Colwell of the 4th: A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions for penal institutions, so as to provide for notifica tion by an institution or facility to a state or local law enforcement agency if such agency is transporting a patient or inmate who has been diagnosed as having an infectious or communicable disease. Senator 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 Alien Baldwin Bishop Broun Burton Clay Coleman Collins Deal Dean Edge Egan English Foster Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Kidd Marable Moye Newbill Olmstead Perdue Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate Taylor Thompson Turner Tysinger Walker of 43rd White Those not voting were Senators: Bowen Dawkins Echols (excused) Garner (excused) Johnson Langford Perry Timmons Walker of 22nd On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 422. By Representatives Harris of the 84th, Parham of the 105th and Barnett of the 10th: A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, 708 JOURNAL OF THE SENATE relating to registration and licensing of vehicles, so as to remove the authoriza tion for the issuance of special license plates for citizens band radio operators. Senate Sponsor: Senator Dean of the 31st. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Broun Burton Clay Coleman Collins Dean Egan English Foster Gillis Hammill Harris Hasty Hill Hooks Huggins Kidd Langford Marable Newbill Olmstead Perdue Phillips Pollard Ragan of 10th Those not voting were Senators: Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Taylor Thompson Turner Tysinger Walker of 22nd Walker of 43rd Bowen Dawkins Deal Echols (excused) Edge Garner (excused) Henson Johnson Moye Perry Tate Timmons White On the passage of the bill, the yeas were 43, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 423. By Representatives Harris of the 84th, Parham of the 105th and Barnett of the 10th: A bill 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 change the defini tion of "resident" with regard to registration and licensing requirements. Senate Sponsor: Senator Dean of the 31st. The report of the commmittee, which was favorable to the passage of the bill, was agreed to. THURSDAY, FEBRUARY 14, 1991 709 On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Broun Burton Clay Coleman Collins Deal Dean Edge Egan English Foster Gillis Hammill Hasty Hill Hooks Huggins Johnson Kidd Langford Marable Newbill Olmstead Perdue Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate Taylor Thompson Turner Tysinger Walker of 22nd Walker of 43rd Those not voting were Senators: Bowen Dawkins Echols (excused) Garner (excused) Harris Henson Moye Perry Phillips Timmons White On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Henson of the 55th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing HB 423. Senator Deal of the 49th moved that the Senate do now adjourn until 9:15 o'clock A.M. tomorrow, and the motion prevailed. At 12:31 o'clock P.M., the President announced the Senate adjourned until 9:15 o'clock A.M. tomorrow. 710 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Friday, February 15, 1991 Twenty-second Legislative Day The Senate met pursuant to adjournment at 9:15 o'clock A.M. today and was called to order by the President. Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House: HB 663. By Representatives Wall of the 61st, Breedlove of the 60th, Goodwin of the 63rd, Barnett of the 59th, Jackson of the 9th and others: A bill to provide for the determination of the millage rate by the governing au thorities of Gwinnett County and the Gwinnett County School District. HB 664. By Representatives Wall of the 61st, Breedlove of the 60th, Goodwin of the 63rd, Barnett of the 59th, Jackson of the 9th and others: A bill to amend the Gwinnett County Recreation Authority Act, so as to provide for the determination of the millage rate for the Gwinnett County Recreation Authority. HB 665. By Representatives Hamilton of the 124th, Merritt of the 123rd, Bordeaux of the 122nd, Pelote of the 127th, Mueller of the 126th and others: A bill to amend an Act entitled "To amend the several Acts relating to and incor porating the Mayor and Aldermen of the City of Savannah," so as to provide for residency requirements for the Mayor and Aldermen of the City of Savannah. HB 667. By Representative Meadows of the 91st: A bill to amend an Act incorporating the Town of Gay in Meriwether County, so as to provide for the appointment of a mayor pro tempore. HB 14. By Representative Lane of the 27th: A bill to amend Code Section 21-2-470 of the Official Code of Georgia Annotated, relating to procedures in precincts using vote recorders for obtaining ballot cards, recording votes thereon, and depositing ballot cards to conform to procedures prescribed for paper ballots with respect to elections and primaries generally, so as to provide that the superintendent shall modify a voting booth in each pre cinct or make paper ballots available for certain handicapped electors and shall provide sufficient accommodations to permit such handicapped electors to vote in private. FRIDAY, FEBRUARY 15, 1991 711 HB 483. By Representatives Cummings of the 17th and Floyd of the 135th: A bill to amend Code Section 47-9-76 of the Official Code of Georgia Annotated, relating to postretirement cost-of-living benefit adjustments for members of the Superior Court Judges Retirement System, so as to provide for voluntary with drawal from eligibility for such adjustments. HB 351. By Representative Watson of the 114th: A bill to amend Code Section 43-3-6 of the Official Code of Georgia Annotated, relating to requirements for the certificate of "certified public accountant," so as to change the educational requirements. HB 379. By Representatives Jackson of the 9th, Colwell of the 4th and Orr of the 9th: A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions relative to penal institutions, so as to provide for home arrest programs for certain county offenders. HB 293. By Representatives Watson of the 114th and Byrd of the 153rd: A bill to amend Code Section 10-1-7 of the Official Code of Georgia Annotated, relating to the provision for payment of delinquency charges with respect to re tail installment contracts and the provision for attorneys' fees, court costs, and check dishonor fees with respect to retail installment contracts and revolving ac counts, so as to provide for the amount of such charges. HB 329. By Representatives Porter of the 119th and Thomas of the 69th: A bill to amend Code Section 50-13-18 of the Official Code of Georgia Annotated, relating to procedural requirements under the "Georgia Administrative Proce dure Act" for licensing, so as to provide licenses review of certain information possessed by an agency prior to a license hearing. HB 380. By Representatives Jackson of the 9th, Colwell of the 4th and Orr of the 9th: A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions relative to penal institutions, so as to provide for work release programs for certain county inmates. HB 547. By Representatives Chambless of the 133rd, Thomas of the 69th and Pettit of the 19th: A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to amend various provisions of such title relating to child support and enforcement of the duty of support by the Department of Human Resources. HB 233. By Representatives Dixon of the 151st, Dover of the llth, Walker of the 115th, Smith of the 156th and Coleman of the 118th: A bill to amend Code Section 48-5-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the ad valorem taxation of property, so as to provide that restrictions or limitations on the use of land resulting from state or federal law or rules or regulations adopted pursuant thereto shall be considered in determining fair market value. HB 335. By Representatives Dover of the llth, Godbee of the 110th 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 712 JOURNAL OF THE SENATE Code" and "Internal Revenue Code of 1986" and thereby to incorporate provi sions of federal law into Georgia law. HB 338. By Representatives Dover of the llth, Godbee of the 110th and Royal of the 144th: A bill to amend Article 4 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to payment of income taxes, so as to change the time of pay ment with respect to corporations. The House has adopted by the requisite constitutional majority the following resolu tions of the House: HR 225. By Representatives Buck of the 95th, Stancil of the 66th, Lane of the lllth, Stephens of the 68th and Thurmond of the 67th: A resolution designating the Thomson Mills Forest of the University of Georgia as the State Arboretum of Georgia. HR 155. By Representative Oliver of the 53rd: A resolution designating the J. Carrell Larmore Probation Detention Center. HR 294. By Representatives Buckner of the 72nd, Benefield of the 72nd, Chafin of the 72nd, King of the 72nd and Lee of the 72nd: A resolution commending and recognizing the Clayton County Motor Vehicle Tag Department. The following bills of the Senate were introduced, read the first time and referred to committees: SB 333. By Senator Hasty of the 51st: A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to create the State Board of Taxidermy Exam iners; to provide for definitions; to provide for the appointment, qualifications, terms, and eligibility for reappointment of members of the board. Referred to Committee on Governmental Operations. SB 334. By Senator Edge of the 28th: 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 Griffin Judicial Circuit of Georgia; to provide for the appointment of such additional judge by the Governor; to provide for the election of successors to the judge initially appointed. Referred to Committee on Judiciary. SB 335. By Senators Walker of the 22nd and \lbert of the 23rd: A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for the transfer of probation and intake services and probation and intake employees to the Department of Human Resources; to provide for definitions; to provide for salary schedules and personnel policies; to provide for transfer approvals; to provide an effective date. Referred to Committee on Health and Human Services. FRIDAY, FEBRUARY 15, 1991 713 SB 336. By Senators Walker of the 43rd, Moye of the 34th and Langford of the 35th: A bill to amend Code Section 44-12-131 of the Official Code of Georgia Anno tated, relating to the legal rate of interest in pawn transactions, so as to repeal the exemption for motor vehicles from the limitation provision for pawnshop charges; to provide that a storage fee may be charged for a motor vehicle if the pawnbroker takes possession of the motor vehicle. Referred to Committee on Special Judiciary. SB 337. By Senator Kidd of the 25th: A bill to amend Article 5 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits and refunds of dues under the Judges of the Probate Courts Retirement Fund of Georgia, so as to change the provi sions relating to eligibility for retirement for members of the fund; to provide that members who have completed at least ten years of service may retire upon reaching the age of 55 years under certain conditions. Referred to Committee on Retirement. The following bills and resolutions of the House were read the first time and referred to committees: HB 14. By Representative Lane of the 27th: A bill to amend Code Section 21-2-470 of the Official Code of Georgia Annotated, relating to procedures in precincts using vote recorders for obtaining ballot cards, recording votes thereon, and depositing ballot cards to conform to procedures prescribed for paper ballots with respect to elections and primaries generally, so as to provide that the superintendent shall modify a voting booth in each pre cinct or make paper ballots available for certain handicapped electors and shall provide sufficient accommodations to permit such handicapped electors to vote in private. Referred to Committee on Governmental Operations. HB 233. By Representatives Dixon of the 151st, Dover of the llth, Walker of the 115th and others: A bill to amend Code Section 48-5-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the ad valorem taxation of property, so as to provide that restrictions or limitations on the use of land resulting from state or federal law or rules or regulations adopted pursuant thereto shall be considered in determining fair market value. Referred to Committee on Finance and Public Utilities. HB 293. By Representatives Watson of the 114th and Byrd of the 153rd: A bill to amend Code Section 10-1-7 of the Official Code of Georgia Annotated, relating to the provision for payment of delinquency charges with respect to re tail installment contracts and the provision for attorneys' fees, court costs, and check dishonor fees with respect to retail installment contracts and revolving ac counts, so as to provide for the amount of such charges. Referred to Committee on Banking and Financial Institutions. HB 329. By Representatives Porter of the 119th and Thomas of the 69th: A bill to amend Code Section 50-13-18 of the Official Code of Georgia Annotated, relating to procedural requirements under the "Georgia Administrative Proce- 714 JOURNAL OF THE SENATE dure Act" for licensing, so as to provide licenses review of certain information possessed by an agency prior to a license hearing. Referred to Committee on Governmental Operations. HB 335. By Representatives Dover of the llth, Godbee of the 110th 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 Finance and Public Utilities. HB 338. By Representatives Dover of the llth, Godbee of the 110th and Royal of the 144th: A bill to amend Article 4 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to payment of income taxes, so as to change the time of pay ment with respect to corporations. Referred to Committee on Finance and Public Utilities. HB 351. By Representative Watson of the 114th: A bill to amend Code Section 43-3-6 of the Official Code of Georgia Annotated, relating to requirements for the certificate of "certified public accountant," so as to change the educational requirements. Referred to Committee on Governmental Operations. HB 379. By Representatives Jackson of the 9th, Colwell of the 4th and Orr of the 9th: A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions relative to penal institutions, so as to provide for home arrest programs for certain county offenders. Referred to Committee on Corrections. HB 380. By Representatives Jackson of the 9th, Colwell of the 4th and Orr of the 9th: A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions relative to penal institutions, so as to provide for work release programs for certain county inmates. Referred to Committee on Corrections. HB 483. By Representatives Cummings of the 17th and Floyd of the 135th: A bill to amend Code Section 47-9-76 of the Official Code of Georgia Annotated, relating to postretirement cost-of-living benefit adjustments for members of the Superior Court Judges Retirement System, so as to provide for voluntary with drawal from eligibility for such adjustments. Referred to Committee on Retirement. HB 547. By Representatives Chambless of the 133rd, Thomas of the 69th and Pettit of the 19th: A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to amend various provisions of such title relating to child support and enforcement of the duty of support by the Department of Human Resources. Referred to Committee on Judiciary. FRIDAY, FEBRUARY 15, 1991 715 HR 155. By Representative Oliver of the 53rd: A resolution designating the J. Carrell Larmore Probation Detention Center. Referred to Committee on Corrections. HR 225. By Representatives Buck of the 95th, Stancil of the 66th, Lane of the lllth and others: A resolution designating the Thompson Mills Forest of the University of Georgia as the State Arboretum of Georgia. Referred to Committee on Higher Education. HB 663. By Representatives Wall of the 61st, Breedlove of the 60th, Goodwin of the 63rd and others: A bill to provide for the determination of the millage rate by the governing au thorities of Gwinnett County and the Gwinnett County School District. Referred to Committee on Urban and County Affairs. HB 664. By Representatives Wall of the 61st, Breedlove of the 60th, Goodwin of the 63rd and others: A bill to amend the Gwinnett County Recreation Authority Act, so as to provide for the determination of the millage rate for the Gwinnett County Recreation Authority. Referred to Committee on Urban and County Affairs. HB 665. By Representatives Hamilton of the 124th, Merritt of the 123rd, Bordeaux of the 122nd and others: A bill to amend an Act entitled "To amend the several Acts relating to and incor porating the Mayor and Aldermen of the City of Savannah," so as to provide for residency requirements for the Mayor and Aldermen of the City of Savannah. Referred to Committee on Urban and County Affairs. HB 667. By Representative Meadows of the 91st: A bill to amend an Act incorporating the Town of Gay in Meriwether County, so as to provide for the appointment of a mayor pro tempore. Referred to Committee on Urban and County Affairs. The following reports of standing committees were read by the Secretary: Mr. President: The Committee on Agriculture has had under consideration the following bills and reso lution of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 287. Do pass. SB 311. Do pass by substitute. SR 179. Do pass. Respectfully submitted, Senator English of the 21st District, Chairman Mr. President: The Committee on Defense and Veterans Affairs has had under consideration the 716 JOURNAL OF THE SENATE following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 199. Do pass. SB 282. Do pass. Respectfully submitted, Senator Perry of the 7th District, Chairman Mr. President: The Committee on Education has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 217. Do pass by substitute. SB 328. Do pass. Respectfully submitted, Senator Foster of the 50th District, Chairman Mr. President: The Committee on Finance and Public Utilities has had under consideration the follow ing 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 201. Do pass by substitute. SR 168. Do pass. SB 289. Do pass. HB 210. Do pass by substitute. Respectfully submitted, Senator Starr of the 44th District, Chairman Mr. President: The Committee on Health and Human Services has had under consideration the follow ing bills of the House and Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 281. Do pass. HB 508. Do pass as amended. Respectfully submitted, Senator Olmstead of the 26th District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following bills of the Sen ate and has instructed me to report the same back to the Senate with the following recommendations: SB 88. Do pass. SB 238. Do pass. SB 176. Do pass. Respectfully submitted, Senator Baldwin of the 29th District, Chairman FRIDAY, FEBRUARY 15, 1991 717 Mr. President: The Committee on Public Safety has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 172. Do pass as amended. SB 203. Do pass. HB 149. Do pass. Respectfully submitted, Senator Bowen of the 13th District, Chairman Mr. President: The Committee on Urban and County Affairs has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 200. Do pass by substitute. 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 recommendation: SB 76. Do pass as amended. SB 80. Do pass. HB 619. Do pass. Respectfully submitted, Senator Harris of the 27th District, Chairman Mr. President: The Committee on Youth, Aging and Human Ecology 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 213. Do pass by substitute. Respectfully submitted, Senator Scott of the 36th District, Chairman Mr. President: The Committee on Youth, Aging and Human Ecology 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: HB 26. Do pass. 718 JOURNAL OF THE SENATE SB 283. Do pass. Respectfully submitted, Senator Scott of the 36th District, Chairman The following bills and resolutions of the Senate and House were read the second time: SB 31. By Senator Thompson of the 33rd: A bill to amend Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, the "Georgia Student Finance Authority Act," so as to pro vide for a new full-tuition scholarship program for certain students who attend state institutions of higher education; to provide for definitions; to provide for eligibility; to provide for administration and funding. SB 67. By Senator Tysinger of the 41st: A bill to amend Chapter 67A of Title 36 of the Official Code of Georgia Anno tated, relating to conflicts of interest in zoning actions, so as to revise said chap ter; to provide for definitions; to provide for disclosure of certain financial inter ests by local government officials and for additional requirements in connection therewith. SB 211. By Senators Steinberg of the 42nd, Deal of the 49th, Johnson of the 47th and others: A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation and construction of hospitals and other health care fa cilities, so as to provide for a legislative purpose; to provide for definitions; to provide that the department or other petitioner may seek appointment of a re ceiver for a facility upon a finding of certain circumstances. SB 229. By Senators Pollard of the 24th, Deal of the 49th and Kidd of the 25th: 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 certain forms, documents, and other written matter relating to vital records shall not be open to public inspection and shall remain confidential. SB 279. By Senator Baldwin of the 29th: A bill to amend Article 2 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insurance and indemnification of officers and employees of municipalities, counties, and other public bodies, so as to change provisions relat ing to local governments providing defenses for their officers and employees; to provide for related matters; to provide an effective date. SR 129. By Senator Broun of the 46th: A resolution designating the Thomson Mills Forest of the University of Georgia as the State Arboretum of Georgia. HB 223. By Representatives Campbell of the 23rd, Williams of the 90th, Hammond of the 20th and others: A bill to amend Code Section 44-14-361.1 of the Official Code of Georgia Anno tated, relating to how materialmen's and mechanics' liens are declared and cre ated, so as to provide that a party claiming a lien shall file a notice with the clerk of the superior court of the county wherein the subject lien was filed within 14 days after the filing of such action. FRIDAY, FEBRUARY 15, 1991 719 HB 259. By Representatives Stephens of the 68th and Jones of the 71st: A bill to amend Code Section 9-3-29 of the Official Code of Georgia Annotated, relating to actions for breach of restrictive covenants, so as to expand applicabil ity of the statute of limitations on such actions to violations of building set-back lines. HB 287. By Representatives Greene of the 130th, Edwards of the 112th, Holmes of the 28th and Canty of the 38th: A bill to amend Chapter 45 of Title 36 of the Official Code of Georgia Annotated, known as the "Georgia Municipal Training Act," so as to designate existing Code sections as Article 1; to change the composition of the board of directors of the Georgia Municipal Training Institute. HB 317. By Representative Herbert of the 76th: A bill to amend Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, known as the "Nonpublic Postsecondary Educational In stitutions Act of 1990," so as to change the provisions relative to certain defini tions; to change the provisions relative to qualifications of certain personnel of postsecondary educational institutions. HB 318. By Representative Herbert of the 76th: A bill to amend Code Section 20-3-250.11 of the Official Code of Georgia Anno tated, relating to fees and their collection, so as to change the provisions relative to fees. HB 476. By Representative Groover of the 99th: A bill to amend Code Section 36-12-5 of the Official Code of Georgia Annotated, relating to interment of deceased indigent persons, so as to allow the amount of expense incurred by the county governing authority for interment of deceased indigent persons to be determined at the discretion of the governing authority of each county without limitation linked to the population of the county. HR 74. By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th: A resolution authorizing the conveyance of certain state owned real property lo cated in Floyd County, Georgia. HR 160. By Representatives Colwell of the 4th, Dobbs of the 74th, Smith of the 78th and others: A resolution authorizing the granting of nonexclusive easements for operation and maintenance of utility, telecommunication, or sanitation facilities in, on, over, under, upon, across, or through property owned by the State of Georgia in Bryan, Calhoun, Dooly, Floyd, Houston, Mitchell, Richmond, Tattnall, Washing ton, and Wilcox counties, Georgia. The President called for the morning roll call, and the following Senators answered to their names: Albert Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Foster Gillis Hammill Harris Hasty Henson 720 JOURNAL OF THE SENATE Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not answering were Senators: Egan English Garner Shumake Thompson Senator Hill of the 4th introduced the chaplain of the day, Reverend J. Carlton Duke, pastor of Reidsville Baptist Church, Reidsville, Georgia, who offered scripture reading and prayer. The following resolutions of the Senate and House were read and adopted: SR 183. By Senator Hasty of the 51st: A resolution commending the Reinhardt College Choir. SR 184. By Senator Egan of the 40th: A resolution commending Louisa Aichel Mclntosh. SR 185. By Senator Thompson of the 33rd: A resolution expressing support for Lieutenant Colonel Brian Johnstone upon his deployment to the Persian Gulf. SR 186. By Senators Tate of the 38th, Langford of the 35th and Scott of the 36th: A resolution commending the students and faculty of Benteen Elementary School. SR 187. By Senators Tate of the 38th, Langford of the 35th and Scott of the 36th: A resolution recognizing the 47th Annual Founder's Day Celebration of the Phil lips School of Theology. SR 188. By Senator Langford of the 35th: A resolution commending Teddy Austin. HR 294. By Representatives Buckner of the 72nd, Benefield of the 72nd, Chafln of the 72nd and others: A resolution commending and recognizing the Clayton County Motor Vehicle Tag Department. Senator Pollard of the 24th moved that the following bill of the House be withdrawn FRIDAY, FEBRUARY 15, 1991 721 from the Senate Committee on Governmental Operations and committed to the Senate Committee on Insurance and Labor: HB 439. By Representatives Watson of the 114th and Hamilton of the 124th: A bill to amend Code Section 8-2-104 of the Official Code of Georgia Annotated, relating to the employment of inspectors and inspection fees with respect to the inspection or operation of elevators, dumbwaiters, escalators, and moving walks, so as to provide that elevators, dumbwaiters, escalators, manlifts, and moving walks subject to inspection shall be inspected at certain times and inspection fees and operating fees therefor shall be paid by a certain time. On the motion, the yeas were 35, nays 0; the motion prevailed, and HB 439 was with drawn from the Senate Committee on Governmental Operations and committed to the Sen ate Committee on Insurance and Labor. 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 February 15, 1991 TWENTY-SECOND LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) *SB 76 Thompson, 33rd A bill to change certain provisions relating to the ineligibility of the mayor and council members of the City of Austell from holding certain positions; to delete all provisions relating to the position of city manager; to create the position of administrative supervisor. (AMENDMENT) SB 80 Thompson, 33rd A bill to increase the amount of the homestead exemption from City of Aus tell ad valorem taxes, except taxes levied to pay interest on and to retire bonded indebtedness, which applies to the homestead of each resident of the City of Austell actually occupied by the owner as a resident of the City of Austell actually occupied by the owner as a residence and homestead. HB 619 Hooks, 14th A bill to change the time for holding municipal elections in the City of Fort Valley; to change the qualifications for the office of mayor or alderman. The amendment to the following bill was put upon its adoption: *SB 76: The Senate Committee on Urban and County Affairs offered the following amendment: Amend SB 76 by deleting on page 10, line 5 the word: "of, and inserting in lieu thereof: 722 JOURNAL OF THE SENATE On the adoption of the amendment, the yeas were 49, 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 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 Alien Baldwin Bowen Broun Burton X ,y ColnT Dawkins Deal Dean Echols Edge Egan English Foster Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Kldd Langford Marable Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson Starr Steinberg ,ate Taylor Thompson Timmons Turner Tysinger Walker of 43rd White Those not voting were Senators: Bishop Garner Moye Ray Scott Shumake Walker of 22nd On the passage of all the local bills, the yeas were 49, nays 0. All the bills on the Senate Local Consent Calendar, except SB 76, having received the requisite constitutional majority, were passed. SB 76, having received the requisite constitutional majority, was passed as amended. SENATE RULES CALENDAR Friday, February 15, 1991 TWENTY-SECOND LEGISLATIVE DAY SB 236 Funeral Home Establishment on Cemetery Property--requirements (Amend ment) (Gov Op--25th) SR 163 Rules of the Senate--amend (Rules--31st) SB 93 Orders Not to Resuscitate Certain Patients--regulate (Substitute) (Judy--47th) SB 230 Motor Vehicle Chop Shop and Stolen and Altered Property Act--enact (S Judy--24th) SB 224 County Probation Services--judge of probate, chief magistrate contract to pro vide (S Judy--45th) FRIDAY, FEBRUARY 15, 1991 723 SR 159 Special 1% Sales Tax for Education--counties impose (Substitute) (F&PU-- 49th) SB 145 Ticket Scalping--misdemeanor (Judy--32nd) SB 79 Insurer Filing Rate Increase--notify policyholders (Substitute) (I&L--33rd) SB 131 Bad Checks--redefine "present consideration" (Substitute) (Judy--5th) SR 140 Brantley County--conveyance of certain state property to Board of Education (F&PU--6th) SB 209 State Health Planning--limitations on certificate of need applications (Substi tute) (H&HS--12th) SR 22 Chatham County Judicial Compensation Study Committee--create (Rules--2nd) SB 195 TVA Payments in Lieu of Taxes--apportionment (F&PU--54th) SB 157 Speeding--additional points on second conviction (Substitute) (S Judy--24th) Respectfully submitted, is/ Nathan Dean of the 31st, Chairman Senate Rules Committee The following general bills and resolution of the Senate, favorably reported by the com mittees, were read the third time and put upon their passage: SB 236. By Senators Kidd of the 25th, Garner of the 30th and Bowen of the 13th: A bill to amend Article 10 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to dedication of property, so as to provide requirements for the construction of a funeral establishment on property which has previously been dedicated for use as a cemetery. The Senate Committee on Governmental Operations offered the following amendment: Amend SB 236 by striking from line 6 of page 2 the following: "200", and inserting in lieu thereof the following: "150". On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill 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 Alien Baldwin Bishop Bowen Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Newbill 724 JOURNAL OF THE SENATE Olmstead Perry PPhoillllairpds Ragan of 10th Ragan of 32nd Ramsey Ray RStoabrirnson Steinberg Tate Taylor Turner ,,Tysl.nger Walker of 43rd White Voting in the negative was Senator Perdue. Those not voting were Senators: Broun Garner Moye Scott Shumake Thompson Timmons Walker of 22nd On the passage of the bill, the yeas were 47, nays 1. The bill, having received the requisite constitutional majority, was passed as amended. SR 163. By Senators Dean of the 31st, Deal of the 49th and Garner of the 30th: A resolution amending the Rules of the Senate. Senator Phillips of the 9th offered the following amendment: Amend SR 163 by inserting between lines 2 and 3 on page 1 the following: "BE IT RESOLVED BY THE SENATE that Senate Rule 17 is amended by striking the second sentence in undesignated paragraph four which reads as follows: 'The Decorum Committee shall be composed of the President of the Senate, who shall be chairman, the President Pro Tempore, the Majority Leader, the Minority Leader, the Majority Whip, and the Chairman of the Rules Committee.', and inserting in lieu thereof the following: 'The Decorum Committee shall be composed of the President of the Senate, who shall be chairman, the President Pro Tempore, the Majority Leader, the Minority Leader, the Majority Whip, the Minority Whip, and the Chairman of the Rules Committee.' " By adding between the word "IT" and the word "RESOLVED" on line 3 of page 1 the word "FURTHER". 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 Clay Collins Edge Egan Newbill Phillips Ragan of 32nd Tysinger White Those voting in the negative were Senators: Baldwin Bishop Bowen Broun Coleman Dawkins Deal Dean Echols English Foster Gillis Hammill Harris Hasty Henson Hill Hooks FRIDAY, FEBRUARY 15, 1991 725 Huggins Johnson Kidd Langford Marable Moye Olmstead Perdue Perry Pollard Ragan of 10th Ramsey Robinson Scott Starr Steinberg Tate Taylor Turner Walker of 22nd Walker of 43rd Those not voting were Senators: Alien Garner Ray Shumake Thompson Timmons On the adoption of the amendment, the yeas were 11, nays 39, and the amendment was lost. Senator Phillips of the 9th offered the following amendment: Amend SR 163 by inserting between lines 2 and 3 on page 1 the following: "BE IT RESOLVED BY THE SENATE that Senate Rule 8 is amended by adding immediately below the words 'Majority Whip' the words 'Minority Whip,' so that as so amended Senate Rule 8 shall read as follows: 'Rule 8. Senators elected to the following offices shall choose their Senate seats in the order listed below: President Pro Tempore Majority Leader Minority Leader All Senators who have more than 20 years of continuous service in the Senate shall be seated in the order in which their names appear on the list established for selecting offices. Administration Floor Leader Majority Whip Minority Whip One Assistant Administration Floor Leader Chairman of the Rules Committee All other Senators shall be seated by district number in ascending numerical order com mencing with the lowest permanently numbered available seat.' " By adding between the word "IT" and the word "RESOLVED" on line 3 of page 1 the word "FURTHER". 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 Clay Collins Edge Egan Newbill Phillips Ragan of 32nd Tysinger White 726 JOURNAL OF THE SENATE Those voting in the negative were Senators: Baldwin Bishop Bowen Broun Coleman awkms Echols English Foster Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Olmstead Perdue Perry Pollard Ragan of 10th Ramsey Robinson Scott Starr Steinberg Tate Taylor Timmons Turner Walker of 22nd Walker of 43rd Those not voting were Senators: Alien Garner Ray Shumake Thompson On the adoption of the amendment, the yeas were 11, nays 40, and the amendment was lost. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun urton ;CCD,-;, ooa,,,lwlyle.mkmisnans j)eal Dean Echols Edge Egan English Foster Gillis Harris Hasty Henson Hill Hooks Huggins JvKTLoa-ihdnjndgjsf.oonrd, Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson Scott Starr STT,,T.taaeyt,ieln.obrerg Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Garner Ray Hammill Shumake On the adoption of the resolution, the yeas were 52, nays 0. The resolution, having received the requisite constitutional majority, was adopted. FRIDAY, FEBRUARY 15, 1991 727 SB 93. 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; to provide for the legality of certain orders not to resuscitate. The Senate Committee on Judiciary offered the following substitute to SB 93: A BILL To be entitled an Act 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; to provide for the legality of certain orders not to resuscitate; to pro vide for consent by a patient or certain other persons to such order not to resuscitate; to provide for procedures in the event of a change in a patient's condition; to provide for revo cation of such an order; to provide for immunity from criminal and civil action for certain persons under certain circumstances; to provide that an order not to resuscitate shall not affect a policy of life insurance; to provide that no such order shall be required of any pa tient; to provide that no person's legal right shall be affected by this Act; to provide that a court of competent jurisdiction may authorize an order not to resuscitate under certain con ditions; to provide for procedures for a physician who refuses to comply with an order not to resuscitate; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by inserting at the end thereof a new Chapter 38 to read as follows: "CHAPTER 38 31-38-1. The General Assembly finds that although cardiopulmonary resuscitation has proved invaluable in the reversal of sudden, unexpected death, it is appropriate for an at tending physician, in certain circumstances, to issue an order not to attempt cardiopulmo nary resuscitation of a patient where appropriate consent or authorization has been ob tained. The General Assembly further finds that there is a need to establish and clarify the rights and obligations of patients, their families or representatives, and health care provid ers regarding cardiopulmonary resuscitation and the issuance of orders not to resuscitate. The General Assembly further finds that, in the interest of protecting individual autonomy, cardiopulmonary resuscitation in some circumstances may cause loss of patient dignity and unnecessary pain and suffering. In recognition of the considerable uncertainty in the medi cal and legal professions as to the legality of implementing orders not to resuscitate, in recognition of the request of the Supreme Court of Georgia for legislative guidance in this area, and in recognition of the dignity and privacy which patients have a right to expect, the General Assembly declares that the laws of the State of Georgia shall recognize the right of patients or other authorized persons to instruct physicians and other health care personnel to refrain from cardiopulmonary resuscitation. 31-38-2. As used in this chapter, the term: (1) 'Adult' means any person who is 18 years of age or older, is the parent of a child, or has married. (2) 'Attending physician' means the physician selected by or assigned to a patient in a health care facility who has primary responsibility for the treatment and care of the patient. Where more than one physician share such responsibility, any such physician may act as the attending physician pursuant to this chapter. 728 JOURNAL OF THE SENATE (3) 'Authorized person' means any one person from the following list in the order of priority as listed below: (A) Any agent appointed pursuant to Chapter 36 of this title, the 'Durable Power of Attorney for Health Care Act'; (B) Any adult designated by an adult patient when the adult patient has decision-mak ing capacity at the time of such designation; (C) A spouse; (D) A guardian over the person appointed pursuant to the provisions of Code Section 29-5-1; (E) A son or daughter 18 years of age or older; (F) A parent; or (G) A brother or sister 18 years of age or older. (4) 'Candidate for nonresuscitation' means a patient who, based on a determination to a reasonable degree of medical certainty by an attending physician with the concurrence of another physician: (A) Has a medical condition which can reasonably be expected to result in the death of the patient within six months; (B) Is in a noncognitive state and is not expected to regain cognitive status; or (C) Is a person for whom cardiopulmonary resuscitation would be medically futile in that such resuscitation will likely be unsuccessful in restoring cardiac and respiratory func tion or will only restore cardiac and respiratory function for a brief period of time so that the patient will likely experience repeated need for cardiopulmonary resuscitation over a short period of time. (5) 'Cardiopulmonary resuscitation' means measures to restore or support cardiac or respiratory function in the event of a cardiac or respiratory arrest. (6) 'Decision-making capacity' means the ability to understand and appreciate the na ture and consequences of an order not to resuscitate, including the benefits and disadvan tages of such an order, and to reach an informed decision regarding the order. (7) 'Health care facility' means an institution which is licensed as a hospital or nursing home pursuant to Article 1 of Chapter 7 of this title. (8) 'Minor' means any person who is not an adult. (9) 'Order not to resuscitate' means an order not to attempt cardiopulmonary resuscita tion in the event a patient suffers cardiac or respiratory arrest, or both. (10) 'Parent' means a parent who has custody of a minor. (11) 'Patient' means a person who is receiving treatment from, or is a resident of, a health care facility as defined in this Code section. 31-38-3. (a) Every patient shall be presumed to consent to the administration of cardi opulmonary resuscitation in the event of cardiac or respiratory arrest, unless there is con sent or authorization for the issuance of an order not to resuscitate. (b) Every adult shall be presumed to have the capacity to make a decision regarding cardiopulmonary resuscitation unless determined otherwise pursuant to this Code section or pursuant to a court order. When an order not to resuscitate is requested by an adult with decision-making capacity, such order shall be presumed, unless revoked, to be the direction of such person regarding resuscitation. (c) Nothing in this chapter shall require a health care facility to expand its existing equipment and facilities to provide cardiopulmonary resuscitation. 31-38-4. (a) It shall be lawful for the attending physician to issue an order not to resus- FRIDAY, FEBRUARY 15, 1991 729 citate, provided that the order has been issued pursuant to the requirements of this chapter. Such an order shall be issued in writing in the patient's chart and shall be effective upon issuance. (b) An adult person with decision-making capacity may consent orally or in writing to an order not to resuscitate and its implementation at a present or future date, regardless of that person's mental condition on such future date. (c) The appropriate authorized person may consent orally or in writing to an order not to resuscitate for an adult candidate for nonresuscitation; provided, however, that such con sent is based in good faith upon what such authorized person determines such candidate for nonresuscitation would have wanted had such candidate for nonresuscitation understood the circumstances under which such order is being considered. (d) Any parent may consent orally or in writing to an order not to resuscitate for his or her minor child when such child is a candidate for nonresuscitation. If in the opinion of the attending physician the minor is of sufficient maturity to understand the nature and effect of an order not to resuscitate, then no such order shall be valid without the assent of such minor. 31-38-5. (a) If the attending physician determines at any time that an order not to resuscitate issued at the request of the patient is no longer appropriate because the patient's medical condition has improved, the physician shall immediately notify the patient or, if the patient does not then have decision-making capacity, an authorized person. If such person declines to revoke his consent to the order, the physician shall promptly make reasonable efforts to arrange for the transfer of the patient to another physician. (b) If the order not to resuscitate was entered upon the consent of a parent or author ized person and the attending physician who issued the order or, if he is unavailable, an other attending physician, at any time determines that the patient no longer qualifies as a candidate for nonresuscitation, the attending physician shall immediately include such de termination in the patient's chart, cancel the order, and notify the person who consented to the order and all hospital staff responsible for the patient's care of the cancellation. (c) If an order not to resuscitate was entered upon the consent of an authorized person and the patient at any time regains decision-making capacity, the attending physician who issued the order or, if he is unavailable, another attending physician, shall immediately de termine if the patient consents to the order not to resuscitate and, if the patient consents to the order not to resuscitate and, if the patient does not so consent, cancel the order by an appropriate entry on the record and notify all hospital staff responsible for the patient's care of the cancellation. 31-38-6. (a) A patient may, at any time, revoke his consent to an order not to resusci tate by making either a written or an oral declaration to a physician or member of the nursing staff at the health care facility where he is being treated or by any other act evi dencing a specific intent to revoke such consent which is communicated to a physician or a member of the health care facility staff. (b) Any parent or authorized person may at any time revoke his consent to an order not to resuscitate a patient by notifying a physician or member of the nursing staff at the health care facility of the revocation of consent in writing, dated and signed, or by orally notifying the attending physician in the presence of a witness 18 years of age or older. (c) Any physician who is informed of or provided with a revocation of consent pursuant to this Code section shall immediately include the revocation in the patient's chart, cancel the order, and notify the health care facility staff responsible for the patient's care of the revocation and cancellation. Any member of the nursing staff who is informed of or provided with a revocation of consent pursuant to this Code section shall immediately notify a physi cian of such revocation. 31-38-7. (a) No physician, health care professional, health care facility, or person em ployed by, acting as the agent of, or under contract with any of the foregoing shall be sub- 730 JOURNAL OF THE SENATE ject to criminal prosecution or civil liability or be deemed to have engaged in unprofessional conduct for carrying out in good faith a decision regarding cardiopulmonary resuscitation authorized by this chapter by or on behalf of a patient or for those actions taken in compli ance with the standards and procedures set forth in this chapter. (b) No physician, health care professional, health care facility, or person employed by, acting as the agent of, or under contract with any of the foregoing shall be subject to crimi nal prosecution or civil liability or be deemed to have engaged in unprofessional conduct for providing cardiopulmonary resuscitation to a patient for whom an order not to resuscitate has been issued, provided that such physician or person: (1) Reasonably and in good faith was unaware of the issuance of an order not to resusci tate; or (2) Reasonably and in good faith believed that consent to the order not to resuscitate had been revoked or canceled. (c) No persons shall be civilly liable for failing or refusing in good faith to effectuate an order not to resuscitate. No person shall be subject to criminal prosecution or civil liability for consenting or declining to consent in good faith, on behalf of a patient, to the issuance of an order not to resuscitate pursuant to this chapter. (d) Any attending physician who fails or refuses to comply with an order not to resusci tate entered pursuant to this chapter shall endeavor to advise promptly the next of kin or authorized person of the patient that such physician is unwilling to effectuate the order. The attending physician shall thereafter at the election of the next of kin or authorized person: (1) Make a good faith attempt to effect the transfer of the patient to another physician who will effectuate the order not to resuscitate; or (2) Permit the next of kin or authorized person to obtain another physician who will effectuate the order not to resuscitate. 31-38-8. (a) No policy of life insurance shall be legally impaired, modified, or invali dated in any manner by the issuance of an order not to resuscitate notwithstanding any term of the policy to the contrary. (b) A person may not prohibit or require the issuance of an order not to resuscitate for an individual as a condition for such individual's being insured or receiving health care services. 31-38-9. (a) 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 cardiopulmonary resuscitation in any lawful manner. In such respect, the provisions of this chap ter are cumulative. (b) Nothing in this chapter shall be construed to preclude a court of competent jurisdic tion from approving the issuance of an order not to resuscitate under circumstances other than those under which such an order may be issued pursuant to this chapter." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 32, nays 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. FRIDAY, FEBRUARY 15, 1991 731 On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Broun Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Gillis Harris Henson Hill Huggins Johnson Kidd Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Turner Tysinger Walker of 22nd Walker of 43rd White Those voting in the negative were Senators: Burton Hasty Langford Those not voting were Senators: Bowen Garner Hammill Hooks Shumake Timmons On the passage of the bill, the yeas were 47, nays 3. The bill, having received the requisite constitutional majority, was passed by substitute. SB 230. By Senators Pollard of the 24th, Taylor of the 12th and Robinson of the 16th: A bill to amend Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to offenses involving theft, so as to enact the "Motor Vehicle Chop Shop and Stolen and Altered Property Act"; to provide for a short title; to provide for legislative intent; to provide for definitions; to provide for offenses and penalties. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray 732 JOURNAL OF THE SENATE Robinson Scott SStteairnrberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Bowen Garner Phillips Shumake On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Ramsey of the 54th introduced the doctor of the day, Dr. Steve Tuck, of Chatsworth, Georgia. The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage: SB 224. By Senator Dawkins of the 45th: A bill to amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, so as to authorize the judge of the probate court or chief magistrate of the magistrate court of any county, with the approval of the gov erning authority of any such county, to contract with certain entities to provide probation services or to establish a county probation system with respect to per sons sentenced for misdemeanors in the probate or magistrate courts in such county. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bowen Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Steinberg Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Bishop Broun Garner FRIDAY, FEBRUARY 15, 1991 733 Olmstead Shumake Tate Phillips Starr On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. The following general resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption: SR 159. By Senators Deal of the 49th, Foster of the 50th and Johnson of the 47th: A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to provide for a source of revenue other than ad valorem taxes for local school systems by authorizing the county governing authorities to impose a special 1 percent sales and use tax for capital outlay projects for educational purposes; 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 VI of the Constitution is amended by adding a new Paragraph IV to read as follows: "Paragraph IV. Other revenue for educational purposes. The General Assembly may provide for a source of revenue other than ad valorem taxes for local school systems by authorizing the governing authority of any county in this state, subject to the requirement of approval in a referendum and such other requirements as may be specified by general law, to impose within the county a special sales and use tax for a limited period of time for capital outlay projects for educational purposes. Such tax shall be at the rate of not more than 1 percent. A local school system shall not under this Paragraph be authorized itself to levy any such tax. Such other source of revenue may be provided for by general law or by local law if expressly permitted by general law. Any such law may provide that such other source of revenue for a local school system must be authorized by the affected local board of education. Any such law may provide for a corresponding reduction in the amount of ad valorem taxes otherwise authorized to be levied for the support and maintenance of the school system or school systems affected." 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 authorize county governing authorities to impose a special 1 percent sales and use tax for capital outlay projects for educational purposes?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The Senate Committee on Finance and Public Utilities offered the following substitute to SR 159: A RESOLUTION Proposing an amendment to the Constitution so as to provide that the General Assem- 734 JOURNAL OF THE SENATE bly may by law authorize local school systems to receive and use proceeds of special purpose county sales and use taxes for capital outlay projects; to provide for 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 VI of the Constitution is amended by adding a new Paragraph IV to read as follows: "Paragraph IV. Authorization of special purpose sales and use tax for educational pur poses. The General Assembly may by law authorize local school systems to receive and use proceeds of special purpose county sales and use taxes. Any such law shall empower county governing authorities, subject to the requirement of approval in a referendum and such other requirements as may be specified by law, to impose within their counties the special purpose sales and use tax for a limited period of time for capital outlay projects for educa tional purposes for the local school system or local school systems within their counties. Any such tax shall be at a rate of not more than 1 percent and shall be, during the period of its imposition, in lieu of and not in addition to any other special purpose sales and use tax in the county. A local school system shall not under this Paragraph be authorized itself to levy any such tax. The imposition of any such tax shall be authorized only by general law, or by local law if expressly permitted by general law. Any such law may provide that such taxa tion for local school systems must be authorized by the affected local boards of education. Any such law may provide for a corresponding reduction in the amount of ad valorem taxes otherwise authorized to be levied for the support and maintenance of the school systems affected." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "[ ] YES [ ] NO Shall the Constitution be amended so as to provide that the General Assem bly may by law authorize local school systems to receive and use proceeds of special purpose county sales and use taxes for capital outlay projects?" 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 Moye of the 34th moved the previous question. Senator Egan of the 40th moved that SR 159 be placed on the Table. On the motion offered by Senator Egan of the 40th, which motion takes precedence, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Collins Egan Tate Those voting in the negative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Dawkins Deal Dean Echols Edge English Foster Gillis Hammill FRIDAY, FEBRUARY 15, 1991 735 Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Not voting were Senators Garner and Shumake. On the motion offered by Senator Egan of the 40th, the yeas were 3, nays 51; the mo tion was lost, and SR 159 was not placed on the Table. Senator Deal of the 49th moved that SR 159 be postponed until Monday, February 18. Senator Moye of the 34th asked unanimous consent to withdraw her motion for the previous question, and the consent was granted. Senator Dean of the 31st moved the previous question. On the motion offered by Senator Dean of the 31st, which motion takes precedence, the yeas were 46, nays 0; the motion prevailed, and the previous question was ordered. Senator Deal of the 49th offered the following amendment: Amend the substitute to SR 159 offered by the Senate Committee on Finance and Pub lic Utilities by striking the word "lieu" on line 24 of page 1, and by striking the word "of on line 25 of page 1, and inserting in lieu thereof the following: "conjunction with"; By striking the symbol " " " on line 9 of page 2, and by adding on line 9 of page 2 after the word "affected." the following: "Nothing in this paragraph shall affect the authority of a Metropolitan Rapid Transit Authority created or operating pursuant to Article II, Section 1, Paragraph IV (d) of the Constitution to levy a sales and use tax for transportation purposes as provided by law.". Senator Ragan of the 10th offered the following amendment: Amend the amendment offered by Senator Deal of the 49th to the substitute to SR 159 offered by the Senate Committee on Finance and Public Utilities by adding at the end thereof the following: "No local school system shall be authorized to levy or receive proceeds from local sales and use taxes in excess of 1 percent." On the adoption of the amendment offered by Senator Ragan of the 10th, the yeas were 5, nays 35, and the amendment offered by Senator Ragan of the 10th to the amendment offered by Senator Deal of the 49th to the substitute to SR 159 offered by the Senate Com mittee on Finance and Public Utilities was lost. On the adoption of the amendment offered by Senator Deal of the 49th, the yeas were 38, nays 0, and the amendment offered by Senator Deal of the 49th to the substitute to SR 159 offered by the Senate Committee on Finance and Public Utilities was adopted. 736 JOURNAL OF THE SENATE Senator Coleman of the 1st offered the following amendment: Amend the substitute to SR 159 offered by the Senate Committee on Finance and Pub lic Utilities as follows: On page 1, line 23, place a period (.) after "1 percent" and delete all the remainder of the sentence starting with "and" on line 23 and ending with "county" on page 26. Senator Coleman of the 1st asked unanimous consent to withdraw his amendment; the consent was granted, and the amendment was withdrawn. Senator Dean of the 31st offered the following amendment: Amend the substitute to SR 159 offered by the Senate Committee on Finance and Pub lic Utilities by inserting on page 1, line 22, after the "." and before the word "Any" the following: "Such tax may be imposed jointly with any municipality in which an independent school system is located and may be utilized for capital outlay projects for educational pur poses by such independent school system." On the adoption of the amendment, the yeas were 44, nays 0, and the amendment was adopted. Senators Egan of the 40th and Tate of the 38th offered the following amendment: Amend the substitute to SR 159 offered by the Senate Committee on Finance and Pub lic Utilities by (1) adding the words "or municipal" at the end of line 15, page 1; (2) adding the words "or municipalities" at the end of line 18, page 1; and (3) strike "or local school systems within their counties" on lines 21 and 22, page 1, and substitute "within the juris diction of such county or municipality.". Senator Egan of the 40th asked unanimous consent that the amendment offered by Senators Egan of the 40th and Tate of the 38th be withdrawn; the consent was granted, and the amendment was withdrawn. 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 Alien Baldwin Bishop Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge English Foster Gillis Hammill Hasty Henson Hill Hooks Huggins Johnson Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard FRIDAY, FEBRUARY 15, 1991 737 Ragan of 10th Ragan of 32nd j^TMsey Robinson Scott Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those voting in the negative were Senators: Bowen Egan Kidd Those not voting were Senators: Garner Harris Shumake Starr On the adoption of the resolution, the yeas were 49, nays 3. The resolution, having received the requisite two-thirds constitutional majority, was adopted by substitute. The following resolution of the House was read and put upon its adoption: HR 299. By Representatives Murphy of the 18th, Walker of the 115th, Groover of the 99th and others: A resolution relative to adjournment by the General Assembly at 5:00 o'clock P.M. on Friday, February 15, and to reconvene on Monday, February 18; the hour for convening the Senate may be as ordered by the Senate, and the hour for convening the House may be as ordered by the House. On the adoption of the resolution, the yeas were 41, nays 0. The resolution, having received the requisite constitutional majority, was adopted. Senator Gillis of the 20th moved that Senator Garner of the 30th be excused from the Senate for the remainder of the day due to illness. On the motion, the yeas were 30, nays 0; the motion prevailed, and Senator Garner of the 30th was excused from the Senate for the remainder of the day. The following general bills and resolution of the Senate, favorably reported by the com mittees, were read the third time and put upon their passage: SB 145. By Senators Ragan of the 32nd, Newbill of the 56th, Clay of the 37th and others: A bill to amend Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, so as to provide that it shall be unlawful for any person to sell or offer for sale concert tickets for a price in excess of the price printed on the ticket; to provide that a service charge may be imposed; to provide that concert ticket scalping shall be a misdemeanor. The report of the committee, which was favorable to the passage of the bill, was agreed to. 738 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: Baldwin Bishop Burton Cloalveman Collins Edge Egan Hasty Hooks Huggins Johnson M,. oye.... Newbl11 Phillips Ragan of 10th Ragan of 32nd Scott Shumake Starr _Ste,inberg Tate Thompson Tysinger White Those voting in the negative were Senators: Albert Alien Bowen Dawkins Dean Echols English Gillis Hammill Henson Hill Kidd Marable Olmstead Perdue Perry Pollard Ramsey Robinson ^j limmons Turner Walker of 22nd Those not voting were Senators: Broun Deal Foster Garner (excused) Harris Langford Ray Walker of 43rd On the passage of the bill, the yeas were 25, nays 23. The bill, having failed to receive the requisite constitutional majority, was lost. SB 79. By Senator Thompson of the 33rd: A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of rates, underwriting rules, and related organizations, so as to require an insurer which files a rate, rating plan, rating system, or under writing rule reflecting an increase in the current filing to notify each of its policyholders residing in this state; to provide for the manner of notification; to provide for the content of such notice. Senator Thompson of the 33rd moved that SB 79 be postponed to Monday, February 18. On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 79 was post poned until Monday, February 18. SB 131. By Senator Burton of the 5th: A bill to amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to issuance of bad checks, so as to change the definition of the term "present consideration". The Senate Committee on Judiciary offered the following substitute to SB 131: A BILL To be entitled an Act to amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to issuance of bad checks, so as to change the definition of the term "present consideration"; to repeal conflicting laws; and for other purposes. FRIDAY, FEBRUARY 15, 1991 739 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to issuance of bad checks, is amended by striking subsection (f) of said Code section and in serting in lieu thereof a new subsection (f) to read as follows: "(f) As used in this Code section, the term: (1) 'Conviction' shall include the entering of a guilty plea, the entering of a plea of nolo contendere, or the forfeiting of bail. (2) 'Present consideration' shall include without limitation: (A) An obligation or debt of rent which is past due or presently due; (B) An obligation or debt of state taxes which is past due or presently due; (C) An obligation or debt which is past due or presently due for child support when made to the custodian of a minor child for the support of such minor child and which is given pursuant to an order of court or written agreement signed by the person making the payment; (D) A simultaneous agreement for the extension of additional credit where additional credit is being denied; (E) A written waiver of mechanic's or materialmen's lien rights; (F) An obligation or debt for labor for construction which is past due or presently due; and (G) An obligation or debt for material for construction which is past due or presently due. (3) 'State taxes' shall include payments made to the Georgia Department of Labor as required by Chapter 8 of Title 34." Section 2. All laws and parts of laws in conflict with this Act are repealed. Senator Burton of the 5th offered the following amendment: Amend SB 131 by inserting between the words "state" and "taxes" on page 1, line 20, the words, "or county". On the adoption of the amendment, the yeas were 29, nays 0, and the amendment was adopted. On the adoption of the substitute, the yeas were 6, nays 33, and the substitute was lost. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to 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 Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dean Echols Edge Egan English Gillis Hasty Hill Hooks Huggins Kidd Langford Marable Moye Newbill Perdue Perry 740 JOURNAL OF THE SENATE Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson Scott Shumake Starr Steinberg Tate Taylor Thompson Turner Tysinger White Those voting in the negative were Senators: Dawkins Hammill Henson Johnson Olmstead Those not voting were Senators: Deal Foster Garner (excused) Harris Ray Timmons Walker of 22nd Walker of 43rd On the passage of the bill, the yeas were 43, nays 5. The bill, having received the requisite constitutional majority, was passed as amended. SR 140. By Senator Echols of the 6th: A resolution authorizing the conveyance of certain state owned real property lo cated in Brantley County, Georgia, to the Brantley County Board of Education; to provide an effective date. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan Gillis Hammill Hasty Henson Hill Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson Scott Starr Tate Taylor Thompson Turner White Those not voting were Senators: Deal English Foster Garner (excused) Harris Hooks Huggins Ray Shumake Steinberg Timmons Tysinger Walker of 22nd Walker of 43rd On the adoption of the resolution, the yeas were 42, nays 0. FRIDAY, FEBRUARY 15, 1991 741 The resolution, having received the requisite constitutional majority, was adopted. SB 209. By Senators Taylor of the 12th, Olmstead of the 26th and Harris of the 27th: A bill to amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning, so as to require notification of certain acquisi tions and provide fines relating thereto; to provide for limitations upon the times when applications for certificates of need for certain facilities may be made and provide for notifications and determinations relating thereto; to provide for agreements to provide clinical health services to indigent persons and provide penalties relating thereto. The Senate Committee on Health and Human Services offered the following substitute to SB 209: A BILL To be entitled an Act to amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning, so as to require notification of certain acquisi tions and provide fines relating thereto; to provide for limitations upon the times when applications for certificates of need for certain facilities may be made and provide for notifi cations and determinations relating thereto; to provide for agreements to provide clinical health services to indigent persons and provide penalties relating thereto; to change certain exemptions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning, is amended by adding after Code Section 31-6-40 a new Code section to read as follows: "31-6-40.1. (a) Any person who acquires a health care facility by stock or asset purchase, merger, consolidation, or other lawful means shall notify the agency of such acqui sition, the date thereof, and the name and address of the acquiring person. Such notification shall be made in writing to the agency within 45 days following the acquisition and the acquiring person may be fined by the agency in the amount of $500.00 for each day that such notification is late. Such fine shall be paid into the state treasury. (b) The agency may limit the time periods during which it will accept applications for the following health care facilities: (1) Skilled nursing facilities; (2) Intermediate care facilities; and (3) Home health agencies, to only such times after the agency has determined there is an unmet need for such facili ties. The agency shall make a determination as to whether or not there is an unmet need for each type of facility at least every six months and shall notify those requesting such notifi cation of that determination. (c) The agency may require that any applicant for a certificate of need agree to provide a specified amount of clinical health services to indigent patients as a condition for the grant of a certificate of need. A grantee or successor in interest of a certificate of need or an authorization to operate under this chapter which violates such an agreement, whether made before or after July 1, 1991, shall be liable to the agency for a monetary penalty in the amount of the difference between the amount of services so agreed to be provided and the amount actually provided. Any penalty so recovered shall be paid into the state treasury. (d) Penalties authorized under this Code section shall be subject to the same notices and hearing for the levy of fines under Code Section 31-6-45." 742 JOURNAL OF THE SENATE Section 2. Said chapter is further amended by striking paragraph (9) of subsection (a) of Code Section 31-6-47, relating to exemptions, and inserting in its place the following: "(9) Expenditures for the acquisition of existing health care facilities by stock or asset purchase, merger, consolidation, or other lawful means unless the facilities are owned or operated by or on behalf of a: (A) Political subdivision of this state; (B) Combination of such political subdivisions; or (C) Hospital authority, as denned in Article 4 of Chapter 7 of this title; (9.1) Expenditures for the restructuring of or for the acquisition by stock or asset purchase, merger, consolidation, or other lawful means of an existing health care facility which is owned or operated by or on behalf of any entity described in subparagraph (A), (B), or (C) of paragraph (9) of this subsection only if such restructuring or acquisition is made by any entity described in subparagraph (A), (B), or (C) of paragraph (9) of this subsection;". Section 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 29, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen *?,TMroutmn Coleman Collins Dawkins D ean Echols Edge Egan Gillis Hammill Hasty Henson Hill Huggins JKoihdndson !KanSfrd Marable Newbm Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson Scott SShtaurmr ake Steinberg Tate Tfiylor Thompson Turner Tysinger Walker of 22nd White Voting in the negative was Senator Moye. Those not voting were Senators: Deal English Foster Garner (excused) Harris Hooks Ray Timmons Walker of 43rd On the passage of the bill, the yeas were 46, nays 1. The bill, having received the requisite constitutional majority, was passed by substitute. FRIDAY, FEBRUARY 15, 1991 743 The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption: SR 22. By Senator Alien of the 2nd: A resolution creating the Chatham County Judicial Compensation 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 Alien Baldwin Bishop Bowen Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan Gillis Hammill Hasty Henson Hill Huggins Johnson Kidd Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson Shumake Starr Steinberg Tate Thompson Turner Tysinger Walker of 22nd White Those not voting were Senators: Broun Deal English Foster Garner (excused) Harris Hooks Langford Ray Scott Taylor Timmons Walker of 43rd On the adoption of the resolution, the yeas were 43, nays 0. The resolution, having received the requisite constitutional majority, was adopted. The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage: SB 195. By Senator Ramsey of the 54th: A bill to amend Code Section 48-14-2 of the Official Code of Georgia Annotated, relating to apportionment of payments by the TVA in lieu of taxes, so as to provide for definitions; to change the method of apportioning such payments. Senator Ramsey of the 54th moved that SB 195 be indefinitely postponed. On the motion, the yeas were 31, nays 0; the motion prevailed, and SB 195 was indefi nitely postponed. 744 JOURNAL OF THE SENATE SB 157. By Senators Pollard of the 24th, Taylor of the 12th and Clay of the 37th: A bill to amend Code Section 40-5-57 of the Official Code of Georgia Annotated, relating to suspension or revocation of the driver's license of habitually negligent or dangerous drivers, so as to provide for the assessment of additional points on a second or subsequent conviction of speeding. The Senate Committee on Special Judiciary offered the following substitute to SB 157: A BILL To be entitled an Act to amend Code Section 40-5-57 of the Official Code of Georgia Annotated, relating to suspension or revocation of the driver's license of habitually negligent or dangerous drivers, so as to provide for the assessment of additional points on a third or subsequent offense of speeding 14 miles per hour or more over the speed limit; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 40-5-57 of the Official Code of Georgia Annotated, relating to suspension or revocation of the driver's license of habitually negligent or dangerous drivers, is amended by striking paragraph (1) of subsection (c) of said Code section in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows: "(1) (A) The points to be assessed for each offense shall be as provided in the following schedule: Reckless driving .......................................................... 4 points Unlawful passing of a school bus........................................... 6 points Improper passing on a hill or a curve ...................................... 4 points Exceeding the speed limit by more than 14 miles per hour but less than 19 miles per hour ........................................................... 2 points Exceeding the speed limit by 19 miles per hour or more but less than 24 miles per hour ................................................................. 3 points Exceeding the speed limit by 24 miles per hour or more but less than 34 miles per hour .................................................... 4 points Exceeding the speed limit by 34 miles per hour or more ..................... 6 points A third or subsequent offense of exceeding the speed limit by 14 miles per hour or more within any consecutive 24 month period shall result in double the number of points otherwise assessed for that particular offense. Disobedience of any traffic-control device or traffic officer ................... 3 points Too fast for conditions .................................................... 0 points All other moving traffic violations which are not speed limit violations 3 points (B) The commissioner shall suspend the driver's license of any person who has accumu lated a violation point count of 15 or more points in any consecutive 24 month period, as measured from the dates of previous arrests for which convictions were obtained to the date of the most current arrest for which a conviction is obtained. A second or subsequent plea of nolo contendere, within the preceding five years, as measured from the dates of previous arrests for which pleas of nolo contendere were accepted to the date of the most current arrest for which a plea of nolo contendere is accepted, to a charge of committing an offense listed in this subsection shall be considered a conviction for the purposes of this Code sec- FRIDAY, FEBRUARY 15, 1991 745 tion. At the end of the period of suspension, the violation point count shall be reduced to zero points." Section 2. This Act shall become effective September 1, 1991. Section 3. All laws and parts of laws in conflict with this Act are repealed. Senator Echols of the 6th offered the following substitute to SB 157: A BILL To be entitled an Act to amend Code Section 40-5-57 of the Official Code of Georgia Annotated, relating to suspension or revocation of the driver's license of habitually negligent or dangerous drivers, so as to provide for a different manner of assessment of points for certain offenses committed on rural four-lane highways; to provide for the assessment of additional points on a third or subsequent offense of speeding 14 miles per hour or more over the speed limit on certain roads or of speeding 24 miles per hour or more on certain other roads; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 40-5-57 of the Official Code of Georgia Annotated, relating to suspension or revocation of the driver's license of habitually negligent or dangerous drivers, is amended by striking paragraph (1) of subsection (c) of said Code section in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows: "(1) (A) The points to be assessed for each offense shall be as provided in the following schedule: Reckless driving .......................................................... 4 points Unlawful passing of a school bus........................................... 6 points Improper passing on a hill or a curve ...................................... 4 points Exceeding the speed limit on any road, street, or highway other than a rural four-lane highway by more than 14 miles per hour but less than 19 miles per hour .................................................................... 2 points Exceeding the speed limit on a rural four-lane highway by more than 24 miles per hour but less than 29 miles per hour ................................... 2 points Exceeding the speed limit on any road, street, or highway other than a rural four-lane highway by 19 miles per hour or more but less than 24 miles per hour .................................................................... 3 points Exceeding the speed limit on a rural four-lane highway by more than 29 miles per hour but less than 34 miles per hour ................................... 3 points Exceeding the speed limit on any road, street, or highway other than a rural four-lane highway by 24 miles per hour or more but less than 34 miles per hour .................................................................... 4 points Exceeding the speed limit on any four-lane rural highway by 34 miles per hour or more but less than 44 miles per hour .................................... 4 points Exceeding the speed limit on any road, street, or highway other than a rural four-lane highway by 34 miles per hour or more ............................ 6 points Exceeding the speed limit on any rural four-lane highway by 44 miles per hour or more.................................................................. 6 points A third or subsequent offense of exceeding the speed limit on any road, street, 746 JOURNAL OF THE SENATE or highway other than a rural four-lane highway by 14 miles per hour or more or of exceeding the speed limit on any rural four-lane highway by 24 miles per hour or more within any consecutive 24 month period shall result in double the number of points otherwise assessed for that particular offense. Disobedience of any traffic-control device or traffic officer ................... 3 points Too fast for conditions .................................................... 0 points All other moving traffic violations which are not speed limit violations ........ 3 points (B) The commissioner shall suspend the driver's license of any person who has accumu lated a violation point count of 15 or more points in any consecutive 24 month period, as measured from the dates of previous arrest for which convictions were obtained to the date of the most current arrest for which a conviction is obtained. A second or subsequent plea of nolo contendere, within the preceding five years, as measured from the dates of previous arrests for which pleas of nolo contendere were accepted to the date of the most current arrest for which a plea of nolo contendere is accepted, to a charge of committing an offense listed in this subsection shall be considered a conviction for the purposes of this Code sec tion. At the end of the period of suspension, the violation point count shall be reduced to zero points." Section 2. This Act shall become effective September 1, 1991. Section 3. All laws and parts of laws in conflict with this Act are repealed. Senator Pollard of the 24th moved that SB 157 be placed on the Table. On the motion, the yeas were 33, nays 4; the motion prevailed, and SB 157 was placed on the Table. Senator Dean of the 31st moved that the Senate stand in recess until 5:00 o'clock P.M. at which time the Senate would stand adjourned, pursuant to HR 299, adopted previously, until 9:30 o'clock A.M. Monday, February 18, and the motion prevailed. At 12:44 o'clock P.M., the President announced that the Senate would stand in recess until 5:00 o'clock P.M. at which time the Senate would stand adjourned, pursuant to a pre viously adopted motion, until 9:30 o'clock A.M. Monday, February 18. MONDAY, FEBRUARY 18, 1991 747 Senate Chamber, Atlanta, Georgia Monday, February 18, 1991 Twenty-third Legislative Day The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President. Senator Huggins of the 53rd reported that the Journal of the proceedings of Friday, February 15, had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House: HB 544. By Representative Martin of the 26th: A bill to provide for the creation of one or more community improvement dis tricts in the City of Atlanta, Georgia. HB 682. By Representative Perry of the 5th: A bill to amend an Act creating the State Court of Chattooga County, so as to change the provisions relating to the compensation of the judge and the solicitor of said court. HB 684. By Representatives Redding of the 50th, Oliver of the 53rd, Teper of the 46th, Thomas of the 55th, Baker of the 51st 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 685. By Representatives Bates of the 141st and Long of the 142nd: A bill to amend an Act creating the State Court of Decatur County (formerly the Civil and Criminal Court of Decatur County), so as to change the compensation provision relating to the judge of said court. HB 686. By Representative Langford of the 7th: A bill to amend an Act creating a new charter for the City of Fairmount, so as to repeal the provisions relating to the veto power of the mayor; to change the pro visions relating to the municipal court. HB 688. By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th: A bill to amend an Act creating the Rome-Floyd County Commission on Chil dren and Youth, so as to provide for an additional position on such commission. HB 97. By Representative Smith of the 78th: A bill to amend Code Section 44-14-3 of the Official Code of Georgia Annotated, relating to the furnishing of a cancellation of a deed to secure debt or other se curity instrument by a grantee upon the payment of such instrument, so as to 748 JOURNAL OF THE SENATE change the civil penalty for the failure to supply a cancellation within the statu tory time limit. HB 343. By Representative Lawson of the 9th: 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 for workers' compensation, so as to authorize independent school systems of municipalities to participate in a group self-insurance fund comprised of municipalities. HB 350. By Representatives Watson of the 114th, Pettit of the 19th, Dixon of the 128th and Hamilton of the 124th: A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," so as to provide that the administrator may certify to telephone service carriers that certain billings should be suspended while a cease and desist order is in effect. HB 399. By Representatives Oliver of the 53rd, Felton of the 22nd, Sinkfield of the 37th, Herbert of the 76th, Selman of the 32nd and others: A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children, so as to create the Georgia Child Care Council and provide for its duties and composition. HB 589. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st, Kilgore of the 42nd and Hamilton of the 124th: A bill to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to transfer from the State Board of Education, Georgia Depart ment of Education, and State School Superintendent and to the Professional Standards Commission and executive secretary thereof certain functions relating to the certification of school personnel. HB 657. By Representative Alford of the 57th: A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Au thority Act of 1965," so as to provide that the interest income from certain re serve funds may be used to pay operating costs until June 30, 1994. HB 658. By Representative Alford of the 57th: A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Au thority Act of 1965," so as to provide for the preparation, filing, availability, and public notice of the Authority's annual report and certain listings. HB 389. By Representatives Lucas of the 102nd, Clark of the 13th and Green of the 106th: A bill to amend Code Section 31-7-263 of the Official Code of Georgia Annotated, relating to contested cases for licensure of directors of personal care homes for purposes of the "Georgia Administrative Procedure Act," so as to provide that hearing officers may have certain powers and duties in certain circumstances. HB 526. By Representatives Aiken of the 21st, Vaughan of the 20th and Coker of the 21st: A bill to amend Article 2 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to traffic signs, signals, and markings, so as to provide that it shall be unlawful for any person to place or install any blue retroreflective raised pavement marker on any public highway, road, or street. MONDAY, FEBRUARY 18, 1991 749 HB 387. By Representatives Griffin of the 6th and Ricketson of the 82nd: A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to provisions aifecting insurance generally, so as to increase the amount for which a guaranteed arrest bond certificate may be issued. HB 560. By Representative Colwell of the 4th: A bill to amend an Act entitled "To amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide a definition of incorrigible child; to provide for the right to counsel of a child who has been determined by the Department of Human Resources to be incorrigible". The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate: SB 64. By Senator Kidd of the 25th: A bill to amend an Act establishing a new charter for the City of Milledgeville, as amended, so as to change the compensation of the mayor and aldermen of said city. The House has adopted by the requisite constitutional majority the following resolu tions of the House and Senate: SR 94. By Senator Echols of the 6th: A resolution authorizing the granting of a nonexclusive easement for construc tion, operation, and maintenance of a thoroughfare in, on, over, under, upon, across, or through property owned by the State of Georgia in Wayne County, Georgia; to provide an effective date. HR 189. By Representatives Valenti of the 52nd, Childers of the 15th and Chambless of the 133rd: A resolution urging the members of the Georgia congressional delegation to take certain actions to improve and enhance the Medicaid program. The House has adopted, as amended, by the requisite constitutional majority the fol lowing resolution of the Senate: SR 96. By Senators Coleman of the 1st, Alien of the 2nd and Hammill of the 3rd: A resolution authorizing the conveyance of certain state owned real property lo cated in Chatham County, Georgia; to provide an effective date. The following bills and resolutions of the Senate were introduced, read the first time and referred to committees: SB 338. By Senator Olmstead of the 26th: A bill to amend Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of the practice of psychology, so as to change the provi sions prohibiting the practice without a license; to provide for exceptions; to change licensing qualifications. Referred to Committee on Governmental Operations. SB 339. By Senators Edge of the 28th and Garner of the 30th: A bill to amend Part 1 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions with respect to stopping, 750 JOURNAL OF THE SENATE standing, and parking under the uniform rules of the road, so as to provide that a person who removes or stores a motor vehicle under certain conditions pursuant to authority of a police officer shall have a lien on such vehicle for the reasonable fees connected with the removal or storage of such vehicle plus the cost of any advertisement associated therewith. Referred to Committee on Special Judiciary. SB 340. By Senator Ramsey of the 54th: 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. Referred to Committee on Retirement. SB 341. By Senators Bowen of the 13th and Timmons of the llth: A bill to amend Code Section 47-17-40 of the Official Code of Georgia Annotated, relating to membership in the Peace Officers' Annuity and Benefit Fund, so as to provide that a certain peace officer who has been in continuous service as a peace officer for a certain number of years shall be eligible for membership in the fund and for the annuity and benefits provided for by said fund; to provide credit for prior service under certain conditions. Referred to Committee on Retirement. SB 342. By Senator Kidd of the 25th: A bill to amend Code Section 45-9-4 of the Official Code of Georgia Annotated, relating to the purchase of insurance and indemnity contracts by the commis sioner of administrative services, so as to provide liability insurance coverage for private companies assisting the state in the abating or removing of asbestos or other hazardous materials in public premises; to provide an effective date. Referred to Committee on Governmental Operations. SB 343. By Senator Kidd of the 25th: A bill to provide for the compensation of the judge and solicitor of the State Court of Putnam County; to provide for the compensation of the administrative and clerical assistants in such court; to provide for the inclusion of the judge and solicitor in the group health insurance plan and pension system provided by Put nam County for county officers and employees. Referred to Committee on Urban and County Affairs. SB 344. By Senator Kidd of the 25th: A bill to amend Article 1 of Chapter 7 of Title 15 of the Official Code of Georgia Annotated, relating to state courts of counties, so as to provide that under cer tain circumstances a state court shall have jurisdiction over violations of a city charter and ordinances of the city; to provide for powers of the court. Referred to Committee on Judiciary. SB 345. By Senators Newbill of the 56th, Thompson of the 33rd and Ragan of the 32nd: A bill to amend Code Section 50-18-71 of the Official Code of Georgia Annotated, relating to the right of access to make photographs or reproductions, so as to exclude the sheriffs office from the provisions of such Code section; to amend Code Section 15-16-21 of the Official Code of Georgia Annotated, relating to fees MONDAY, FEBRUARY 18, 1991 751 for sheriff's services, so as to authorize the right of access to make photographs or reproductions of certain documents under the jurisdiction of the sheriff; to pro vide for fees and other reasonable charges in connection with the making of such photographs or reproductions. Referred to Committee on Special Judiciary. SB 346. By Senator Baldwin of the 29th: A bill to amend Code Section 15-10-100 of the Official Code of Georgia Anno tated, relating to the appointment of constables for magistrate courts, so as to provide that counties may employ marshals to perform the duties of constables; to provide an effective date. Referred to Committee on Judiciary. SB 347. By Senators Robinson of the 16th and Pollard of the 24th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to enhance the financial regulatory capabilities of the Commissioner of Insurance; to provide for insurer statement filings with the National Association of Insurance Commissioner; to provide for limited im munity in the use of information; to provide for confidentiality; to provide sanc tions; to establish methods of allowance of credit for reinsurance. Referred to Committee on Insurance and Labor. SR 189. By Senators Bishop of the 15th, Foster of the 50th, Tate of the 38th and others: A resolution creating the Senate Study Committee on Alternative Educational Programs. Referred to Committee on Rules. SR 190. By Senators Coleman of the 1st, Thompson of the 33rd, Hill of the 4th and Dean of the 31st: A resolution creating the Joint Study Committee for Regional Development Centers. Referred to Committee on Rules. The following bills and resolution of the House were read the first time and referred to committees: HB 97. By Representative Smith of the 78th: A bill to amend Code Section 44-14-3 of the Official Code of Georgia Annotated, relating to the furnishing of a cancellation of a deed to secure debt or other se curity instrument by a grantee upon the payment of such instrument, so as to change the civil penalty for the failure to supply a cancellation within the statu tory time limit. Referred to Committee on Special Judiciary. HB 343. By Representative Lawson of the 9th: 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 for workers' compensation, so as to authorize independent school systems of municipalities to participate in a group self-insurance fund comprised of municipalities. Referred to Committee on Insurance and Labor. 752 JOURNAL OF THE SENATE HB 350. By Representatives Watson of the 114th, Pettit of the 19th, Dixon of the 128th and Hamilton of the 124th: A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," so as to provide that the administrator may certify to telephone service carriers that certain billings should be suspended while a cease and desist order is in effect. Referred to Committee on Banking and Financial Institutions. HB 387. By Representatives Griffin of the 6th and Ricketson of the 82nd: A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to provisions affecting insurance generally, so as to increase the amount for which a guaranteed arrest bond certificate may be issued. Referred to Committee on Insurance and Labor. HB 389. By Representatives Lucas of the 102nd, Clark of the 13th and Green of the 106th: A bill to amend Code Section 31-7-263 of the Official Code of Georgia Annotated, relating to contested cases for licensure of directors of personal care homes for purposes of the "Georgia Administrative Procedure Act," so as to provide that hearing officers may have certain powers and duties in certain circumstances. Referred to Committee on Health and Human Services. HB 399. By Representatives Oliver of the 53rd, Felton of the 22nd, Sinkfield of the 37th and others: A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children, so as to create the Georgia Child Care Council and provide for its duties and composition. Referred to Committee on Youth, Aging and Human Ecology. HB 526. By Representatives Aiken of the 21st, Vaughan of the 20th and Coker of the 21st: A bill to amend Article 2 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to traffic signs, signals, and markings, so as to provide that it shall be unlawful for any person to place or install any blue retroreflective raised pavement marker on any public highway, road, or street. Referred to Committee on Transportation. HB 544. By Representative Martin of the 26th: A bill to provide for the creation of one or more community improvement dis tricts in the City of Atlanta, Georgia. Referred to Committee on Urban and County Affairs. HB 560. By Representative Colwell of the 4th: A bill to amend an Act entitled "To amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide a definition of incorrigible child; to provide for the right to counsel of a child who has been determined by the Department of Human Resources to be incorrigible". Referred to Committee on Judiciary. MONDAY, FEBRUARY 18, 1991 753 HB 589. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and others: A bill to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to transfer from the State Board of Education, Georgia Depart ment of Education, and State School Superintendent and to the Professional Standards Commission and executive secretary thereof certain functions relating to the certification of school personnel. Referred to Committee on Education. HB 657. By Representative Alford of the 57th: A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Au thority Act of 1965," so as to provide that the interest income from certain re serve funds may be used to pay operating costs until June 30, 1994. Referred to Committee on Urban and County Affairs. HB 658. By Representative Alford of the 57th: A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Au thority Act of 1965," so as to provide for the preparation, filing, availability, and public notice of the Authority's annual report and certain listings. Referred to Committee on Urban and County Affairs. HB 682. By Representative Perry of the 5th: A bill to amend an Act creating the State Court of Chattooga County, so as to change the provisions relating to the compensation of the judge and solicitor of said court. Referred to Committee on Urban and County Affairs. HB 684. By Representatives Redding of the 50th, Oliver of the 53rd, Teper of the 46th 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 685. By Representatives Bates of the 141st and Long of the 142nd: A bill to amend an Act creating the State Court of Decatur County (formerly the Civil and Criminal Court of Decatur County), so as to change the compensation provision relating to the judge of said court. Referred to Committee on Urban and County Affairs. HB 686. By Representative Langford of the 7th: A bill to amend an Act creating a new charter for the City of Fairmount, so as to repeal the provisions relating to the veto power of the mayor; to change the pro visions relating to the municipal court. Referred to Committee on Urban and County Affairs. HB 688. By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th: A bill to amend an Act creating the Rome-Floyd County Commission on Chil dren and Youth, so as to provide for an additional position on such commission. Referred to Committee on Urban and County Affairs. 754 JOURNAL OF THE SENATE HR 189. By Representatives Valenti of the 52nd, Childers of the 15th and Chambless of the 133rd: A resolution urging the members of the Georgia congressional delegation to take certain actions to improve and enhance the Medicaid program. Referred to Committee on Health and Human Services. The following reports of standing committees were read by the Secretary: Mr. President: The Committee on Consumer Affairs has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 265. Do pass. SB 319. Do pass. Respectfully submitted, Senator Langford of the 35th District, Chairman Mr. President: The Committee on Insurance and Labor has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 323. Do pass. HB 400. Do pass. Respectfully submitted, Senator Pollard of the 24th District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following bills of the Sen ate and has instructed me to report the same back to the Senate with the following recommendations: SB 184. Do pass by substitute. SB 260. Do pass by substitute. SB 310. Do pass by substitute. Respectfully submitted, Senator Baldwin of the 29th District, Chairman Mr. President: The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 225. Do pass. SB 329. Do pass. SB 321. Do pass. SB 332. Do pass. SB 327. Do pass. Respectfully submitted, Senator Harris of the 27th District, Chairman MONDAY, FEBRUARY 18, 1991 755 The following bills and resolutions of the Senate and House were read the second time: SB 88. By Senator Deal of the 49th: A bill to amend Code Section 32-3-15 of the Official Code of Georgia Annotated, relating to interlocutory hearings on the amount of compensation in cases involv ing the acquisition of property for public road construction and other transporta tion purposes, so as to change the provisions relating to proceedings before a special master; to provide for evidence and testimony; to provide for applicability. SB 176. By Senator Broun of the 46th: A bill to amend Chapter 6 of Title 45 of the Official Code of Georgia Annotated, relating to powers and duties of public officers and employees, so as to revise the method in which certain state officials provide certain annual reports to members of the General Assembly. SB 199. By Senators Olmstead of the 26th, Kidd of the 25th and Perry of the 7th: A bill to amend Code Section 40-5-36 of the Official Code of Georgia Annotated, relating to veterans' drivers' licenses. SB 200. By Senator Harris of the 27th: A bill to amend Article 2 of Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to county governing authorities, so as to provide minimum salaries for full-time chairmen of county governing authorities and elected chief executive officers; to provide for cost-of-living adjustments and other adjust ments to salaries of members of the county governing authorities and elected chief executive officers; to provide exceptions. SB 201. By Senators Deal of the 49th and Foster of the 50th: A bill to amend Code Section 48-5-274 of the Official Code of Georgia Annotated, relating to the establishment of equalized adjusted school property tax digest by the state auditor, the establishment and use of average ratio, and the furnishing of information to the State Board of Education, so as to provide that the ratio shall be determined by establishing the ratio of assessed value to sales price for a representative number of parcels of real property title to which was transferred during the two preceding calendar years and by establishing the median ratio of assessed value to sales price for the county as a whole based upon a representa tive number of usable transactions studied. SB 203. By Senators Bowen of the 13th, Hill of the 4th, Ray of the 19th and others: A bill to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to establish professional criteria for the receipt and processing of complaints against law enforcement officers; to de fine certain terms; to provide procedures; to provide that certain information shall be provided to a law enforcement officer under investigation. SB 213. By Senators Steinberg of the 42nd, Johnson of the 47th, Deal of the 49th and others: 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 the Department of Human Resources shall provide lists of nursing homes determined to have certain deficiencies and include sanctions and remedies therefor and to require such nursing homes to provide notices of such deficiencies and other matters to certain persons and entities; to provide for fines. 756 JOURNAL OF THE SENATE SB 217. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: 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 provide that the high school general education program shall be the base program against which the cost of all other instructional programs shall be compared; to modify the program weights assigned to instructional programs under the Quality Basic Education Formula. SB 238. By Senators Deal of the 49th, Perry of the 7th, Ray of the 19th and Phillips of the 9th: A bill to amend Article 7 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to continuances, so as to provide for a continuance in any case where any party thereto or his leading counsel is absent from the court by reason of his service in the armed forces when such service directly prevents his attendance in court. SB 281. By Senators Starr of the 44th, Olmstead of the 26th and Collins of the 17th: A bill to amend Code Section 31-7-75 of the Official Code of Georgia Annotated, relating to the functions and powers of hospital authorities, so as to authorize hospital authorities to provide service and financial assistance to certain private not for profit organizations for purposes related to the provision of medical ser vices or related social services to citizens. SB 282. By Senators Perry of the 7th, Echols of the 6th and Turner of the 8th: A bill to amend Code Section 38-2-25 of the Official Code of Georgia Annotated, relating to training and duty of the organized militia, so as to authorize the Gov ernor to order members of the organized militia, with their consent, to state ac tive duty for certain purposes and without pay and allowances or other compen sation but with certain privileges, rights, benefits, and immunities. SB 283. By Senators Deal of the 49th and Scott of the 36th: A bill to amend Article 1 of Chapter 11 of Title 15, relating to juvenile proceed ings, so as to revise certain provisions concerning the imposition of restraints on the freedom of accused juveniles prior to adjudication. SB 287. By Senators Deal of the 49th, English of the 21st and Ray of the 19th: A bill to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to provide for immunity for equine professionals engaged in equine activities; to provide for definitions; to provide for exceptions to immunity from liability; to provide for notice of immunity to certain persons; to provide for applicability. SB 289. By Senator Timmons of the llth: A bill to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, known as the "Georgia Emergency Telephone Number '911' Service Act of 1977," so as to provide for the designation of the public safety answering point within certain counties; to provide for a definition; to provide an effective date. SB 311. By Senator English of the 21st: A bill to amend Code Section 1-3-3 of the Official Code of Georgia Annotated, relating to definitions in the laws and statutes, so as to add definitions for agri culture, agricultural operations, agricultural or farm products, crops, and growing crops. MONDAY, FEBRUARY 18, 1991 757 SB 328. By Senators Dawkins of the 45th, Taylor of the 12th, Robinson of the 16th and Foster of the 50th: A bill to amend Part 12 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to effectiveness of educational programs under the "Quality Basic Education Act," so as to change provisions relating to instru ments, procedures, and policies necessary to assess effectiveness; to provide for types of assessments and their implementation and use. SR 168. By Senators Steinberg of the 42nd, Starr of the 44th, Baldwin of the 29th and others: A resolution urging the Federal Communications Commission to regulate the use of ADAD equipment in connection with long-distance telephone calls. SR 179. By Senator English of the 21st: A resolution urging the Board of Natural Resources to adopt appropriate mea sures to exempt newly installed landscaping from local watering restrictions. HB 26. 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 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. HB 149. By Representative Barnett of the 59th: A bill to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, so as to prohibit operation of a radio, stereo, or other sound-making device from a motor vehicle at a level that is audi ble at a distance of 100 feet or more. HB 210. By Representative Pettit of the 19th: A bill to amend Code Section 50-25-6 of the Official Code of Georgia Annotated, relating to sales of files of public information by the GeorgiaNet Authority, so as to provide that the authority shall be authorized to receive data in electronic format from the public for the purpose of transmitting such data to the various departments, agencies, and institutions of the state. HB 508. By Representatives Chambless of the 133rd, Childers of the 15th, Valenti of the 52nd and others: A bill to amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning, so as to change definitions and exemptions. The President called for the morning roll call, and the following Senators answered to their names: Albert Alien Baldwin Broun Burton Coleman Collins Dawkins Deal Dean Echols Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips 758 JOURNAL OF THE SENATE Pollard Ragan of 10th Ragan of 32nd Kamsey Ray Robinson Shumake Starr Steinberg 1 ate Thompson Timmons Turner Tysinger Wa,ker rf Walter of 43rd White Those not answering were Senators: Bishop Bowen Clay Edge Scott Taylor Senator Newbill of the 56th moved that Senator Clay of the 37th be excused from the Senate today due to illness in his family. On the motion, the yeas were 35, nays 0; the motion prevailed, and Senator Clay was excused from the Senate today. Senator Hasty of the 51st introduced the Reinhardt College Choir of Waleska, Georgia, who, having been commended by SR 183, adopted previously, presented their rendition of the Star-Spangled Banner. Senator Perdue of the 18th introduced the chaplain of the day, Reverend Rastus Salter, pastor of the Second Baptist Church of Warner Robins, Warner Robins, Georgia, who of fered scripture reading and prayer. The following resolutions of the Senate were read and adopted: SR 191. By Senator Deal of the 49th: A resolution congratulating Central Baptist Church of Gainesville, Georgia, on its centennial. SR 192. By Senators Dawkins of the 45th and Collins of the 17th: A resolution honoring General Raymond G. Davis, USMC (Ret.). SR 193. By Senator Dawkins of the 45th: A resolution expressing support for the men and women of Walton County serv ing in Operation Desert Storm and their families. SR 194. By Senator Ray of the 19th: A resolution honoring Paul William Elliott. SR 195. By Senators Burton of the 5th, Garner of the 30th and Dean of the 31st: A resolution commending the Atlanta Red Cross. The following local, uncontested bills of the Senate, favorably reported by the commit tee as listed on the Senate Local Consent Calendar, were put upon their passage: SENATE LOCAL CONSENT CALENDAR February 18, 1991 TWENTY-THIRD LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation). MONDAY, FEBRUARY 18, 1991 759 SB 225 Shumake, 39th Moye, 34th Langford, 35th Scott, 36th Tate, 38th Egan, 40th Newbill, 56th A bill to provide that the Fulton County governing authority provide rodent inspection and control services upon request without charge to residential units owned or occupied by persons who are 65 years or older or who are physically handicapped and who state that they are unable to afford such services. SB 321 Kidd, 25th A bill to change the corporate limits of the City of Eatonton. SB 327 Phillips, 9th White, 48th A bill to create the Gwinnett County Arts Facility; to provide for definition, purpose, powers; eligibility, terms of members; rules and regulations. SB 329 Foster, 50th A bill to provide that future school superintendents of the Rabun County School District shall be appointed by the Board of Education rather than be elected. 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 Alien Baldwin Bishop Bowen BC/ol1hunns Dawkins DDeeaaln Echols Edge Egan Foster Garner Gillis Hammill Harris Hasty Henson Hill gHuogogki?ns Kidd LMaanrgafbolred Moye Newbill Olmstead Perry Phillips Pollard Ragan of 10th Ramsey Scott Shumake Starr STMte,inberg T, TMTh?oympson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Burton Clay (excused) Coleman English Johnson Perdue Ragan of 32nd Ray Robinson 760 JOURNAL OF THE SENATE On the passage of all the local bills, the yeas were 47, nays 0. All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed. The following communication from Honorable Max Cleland, Secretary of State, was received and read by the Secretary: Secretary of State Elections Division 110 State Capitol Atlanta, Georgia 30334 February 15, 1991 The Honorable Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, Georgia 30334 Dear Mr. McWhorter, Jr.: I am transmitting to you herewith a certified list of those persons who have registered in the Docket of Legislative Appearance for the 1991 Regular Session as of 2:30 p.m. on February 15, 1991. The list is numbered 973 through 998. Most sincerely, /&/ Max Cleland Secretary of State Attachments: Received by Is/ Hamilton McWhorter, Jr. STATE OF GEORGIA Office of Secretary of State I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of persons numbered 973 through 998, who have registered in the Docket of Legislative Appearance as of February 15, 1991, 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 15th day of February, in the year of our Lord One Thousand Nine Hundred and Ninety-One and of the Independence of the United States of America the Two Hundred and Fifteenth. (SEAL) M Max Cleland Secretary of State MONDAY, FEBRUARY 18, 1991 761 973. Lillian M. Hall 2044 Riverwood Drive Gainesville, Georgia 30501 (404)536-5923 Lake Lanier Property Owners' Association Campaign for a Prosperous Georgia 974. Amy Michelle Lynn Scarid, C/0 Dunwoody High School 5035 Vermack R Dunwoody, Georgia 30338 (404)394-2469 Student Coalition Against Rampant Intoxicated Drivers 975. Andrew L. Galloway 704 Hemlock Street Macon, Georgia 31204 (912)744-1000 Medical Center of Central Georgia 976. Marvin 0. Tibbetts, Jr. 178 Laredo Dr. Decatur, Georgia 30031 (404)373-7771 Independent Electrical Contractors' Assoc. 977. Kenneth Daniel Hortman Box 741 Roberta, Georgia 31078 (912)836-3141 Denturist Association of Georgia 978. Teresa Hortman P. O. Box 741 Roberta, Georgia 31078 (912)836-3141 Denturist Association of Georgia 979. W.T. (Tommy) Hortman P. 0. Box 741 Roberta, Georgia 31078 (912)836-3141 Denturist Association of Georgia 980. Sylvia H. Williams 403 Park Ave. Sylvester, Georgia 31791 (912)776-7617 Denturist Association of Georgia 981. Ted L. Hammock Post Office Box 1648 206 Seventh Street Augusta, Georgia 30903 (404)821-6594 National Science Center Foundation, Inc. 982. James P. Hunnicutt 989 Cleveland Avenue East Point, Georgia 30344 (404)768-5585 Denturist Association of Georgia 983. Anita C. Elkins 115 Hollywood Drive Dalton, Georgia 30721 (404)259-3601 Denturist Association of Georgia 984. Samuel E. Whisenant, Jr. 115 Hollywood Drive Dalton, Georgia 30721 (404)259-3601 Denturist Association of Georgia 985. Doug Breitenbach 1001 Pennsylvania Avenue Washington, District of Columbia 20004 (202)624-2195 American Council of Life Insurance 986. Jackie T. Kimberly 1900 Emery Street NW, #226 Atlanta, Georgia 30318 (404)355-0177 Georgia Society of Professional Engineers 987. Betsy B. Alien 2119 Gunstock Dr. Stone Mountain, Georgia 30087 (404)934-6891 Human Resources Development Council DeKalb Medical Auxiliary Family Concerns 988. Marguerite Marlow 1992 Gunstock Dr. Stone Mountain, Georgia 30087 (404)938-3587 Family Concerns Georgia Right to Life 989. W. A. Bagwell Post Office Box 1 Gainesville, Georgia 30503 (404)532-7211 Alliance of American Insurers 990. James A. Nolan P.O. Box 3220 Eatonton, Georgia 30624 (404)342-1800 City of Eatonton 762 JOURNAL OF THE SENATE 991. Van Hall 1685 Terrell Mill Road Marietta, Georgia 30067 (404)952-1316 American Heart Association, Georgia Affiliate 992. Robert L. Lowe, Jr. 1134 Morningside Place, N.E. Atlanta, Georgia 30306 (404)892-0990 Association Resources Group, Inc. Georgia Association of Professional Bondsmen 993. Cathy Gray 1114 Shelby Lane Hiram, Georgia 30141 (404)920-8008 Citizens for Freedom of Choice Political Action Committee 994. Ernestine D. Wingfield 3411 Austell Road, Bldg. #1 Suite 100 Marietta, Georgia 30360 (404)434-3352 Ross, Russell, Ellis & Bailey of Research Excellence, Inc. 995. Patricia T. Barmeyer 2500 Truit Company Tower Atlanta, Georgia 30303 (404)572-3563 Dooly County Solid Waste Management Authority 996. Wanda Bullard Glynn County Middle School 902 George Street Brunswick, Georgia 31520 (912)267-4150 Georgia Association of Educators 997. Louella M. Robinson 711 Old Jesup Road Brunswick, Georgia 31520 (912)264-8740 Georgia Association of Educators 998. Richard R. Mclntyre, II Box 632 Manchester, Georgia 31816 (404)846-2212 Meriwether Association of Educators Georgia Association of Educators SENATE RULES CALENDAR Monday, February 18, 1991 TWENTY-THIRD LEGISLATIVE DAY SB 211 Nursing Homes--alternative of court appointed receivership (Substitute) (Judy--42nd) SB 229 Vital Records--certain documents not open to public (Judy--24th) SB 272 Department of Human Resources--volunteer service programs to amplify func tions (Nat R--20th) SR 23 State Employees--relating to hiring freezes, layoffs (Rules--25th) SB 146 Public Records Disclosure--change certain exemptions (Substitute) (S Judy--56th) SR 129 State Arboretum of Georgia--designate (H Ed--46th) SR 152 Comprehensive National Energy Strategy--relative to adoption (Nat R--41st) SB 174 Local Bill Advertisement--method of proof (Judy--49th) SB 279 Local Officers, Employees--local governments providing defenses (I&L--29th) SB 172 Public Safety Uniform Division--educational requirements (Amendment) (Pub S--54th) SR 151 Disrespectful Acts Involving Flags--constitutional convention for amendment (Gov Op--7th) SB 31 Student Finance Authority--full tuition scholarships (Substitute) (H Ed--33rd) SB 67 Zoning Actions--conflict of interest (Substitute) (Judy--41st) SB 144 State Contracts--Department of Administrative Services certify minority busi ness before bidding (S Judy--22nd) MONDAY, FEBRUARY 18, 1991 763 SB 79 Insurer Filing Rate Increase--notify policyholders (Substitute) (I&L--33rd) SR 122 Raymond G. Davis Medal of Honor Highway--designate (Trans--17th) Respectfully submitted, /s/ Nathan Dean of the 31st, Chairman Senate Rules Committee 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 211. By Senators Steinberg of the 42nd, Deal of the 49th, Johnson of the 47th and others: A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation and construction of hospitals and other health care fa cilities, so as to provide for a legislative purpose; to provide for definitions; to provide that the department or other petitioner may seek appointment of a re ceiver for a facility upon a finding of certain circumstances. The Senate Committee on Judiciary offered the following substitute to SB 211: A BILL To be entitled an Act to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation and construction of hospitals and other health care facilities, so as to provide for a legislative purpose; to provide for definitions; to provide that the department or other petitioner may seek appointment of a receiver for a facility upon a finding of certain circumstances; to provide for those circumstances; to provide that the department is authorized to adopt and promulgate rules and regulations; to provide that upon the occurrence of any of the enumerated circumstances, a petitioner may seek to have a facility placed in receivership; to provide that the superior court may appoint a receiver upon ex parte proceedings; to provide for petitions and affidavits; to provide for specific judgments; to provide for the powers of the receiver; to provide for court approval of certain actions; to provide for periodic filing of reports by the receiver; to provide for related mat ters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation and construction of hospitals and other health care facilities, is amended by adding following Article 12 a new Article 13 to read as follows: "ARTICLE 13 31-7-300. The General Assembly finds that a closure of a long-term care facility and subsequent relocation of residents present a danger to the lives, health, safety, and welfare of such residents. In addition to the physical and emotional trauma of relocation, residents and their families suffer when residents must be moved a long distance to other available facilities. The purpose of this article is to provide for the alternative of a court appointed receivership for a facility whose residents would be jeopardized if made to relocate and to allow residents to remain safely in such facility while deficiencies are corrected. 31-7-301. As used in this article, the term: (1) 'Department' means the Department of Human Resources. (2) 'Facility' means any nursing home, intermediate care home, or personal care home subject to licensure by the department under Article 1 of this chapter. (3) 'Facility violation' means conduct, action, or inaction by a facility as described in paragraphs (1) through (6) of subsection (a) of Code Section 31-7-302. 764 JOURNAL OF THE SENATE (4) 'Ombudsman' means the state ombudsman or community ombudsman established under Article 3 of Chapter 8 of this title. (5) 'Petitioner' means the department, the Attorney General of this state, a resident or a resident's guardian or legal representative, or the district attorney for the judicial circuit in which the facility is located. (6) 'Resident' means a person who, whether or not a patient, resides in a facility or resided in a facility during a period of an alleged facility violation. 31-7-302. (a) In addition to the availability of any other remedy or sanction provided by state or federal law or regulation, the department or other petitioner shall be empowered to seek appointment of a receiver for the facility upon a finding of an imminent threat to the lives, health, safety, or welfare of residents of the facility due to any one of the following: (1) Such facility is operating without a permit issued pursuant to Code Section 31-7-3; (2) Such facility's permit has been suspended or revoked pursuant to Code Section 317-4; (3) Such facility intends to close and adequate arrangements pursuant to Article 5 of Chapter 8 of this title for relocation of its residents have not been made at least 30 days prior to closing; (4) There exists in such facility a hazard because of fire, flood, contagious infection, unsanitary conditions, chronically substandard care, or other emergency; (5) There exists an imminent threat to the life, health, safety, or welfare of residents because such facility cannot meet its financial obligation for providing food, shelter, care, and utilities. Evidence such as the issuance of bad checks or an accumulation of delinquent bills for such items as personnel salaries, food, drugs, or utilities shall constitute prima-facie evidence that the facility lacks the financial ability to operate the facility in accordance with requirements of the laws or regulations specified in subparagraph (A), (B), (C), or (D) of paragraph (6) of this subsection; (6) There exists an imminent threat to life, health, or safety in such facility because of one or more violations of: (A) The applicable state licensure statutes; (B) Article 5 of Chapter 8 of this title, the 'Bill of Rights for Residents of Long-term Care Facilities'; (C) Title XIX of the federal Social Security Act, 42 U.S.C. 301, as amended; or (D) Any regulation adopted pursuant to the state or federal laws specified in subpara graph (A), (B), or (C) of this paragraph; or (7) There exists in such facility a practice of repeated violations of the standards set by the statutes or regulations designated in paragraph (5) of this subsection. (b) The department is authorized to adopt and promulgate rules and regulations which are necessary for the administration of this article. 31-7-303. (a) When a facility violation exists, a petitioner may seek to have a noncomplying facility placed in receivership as follows: (1) The petitioner may apply to the superior court of the county where the facility is located for appointment of a receiver by filing a written petition specifying those facility violations which warrant appointment of a receiver; and (2) The court shall hold a hearing no later than ten days after the date the petition is filed. Notice of such hearing shall be given to the facility owner or such owner's agent for service of process, the administrator, the acting administrator, or the person designated by the administrator of the facility to receive service of process, the department, and the De partment of Medical Assistance. The notice shall be sent to the state ombudsman and the community ombudsman for that facility not less than five days prior to such hearing. Such MONDAY, FEBRUARY 18, 1991 765 notice shall be posted by the facility in a conspicuous place inside such facility for not less than three days prior to such hearing. (b) Notwithstanding the provisions of subsection (a) of this Code section, the superior court of the county where a facility is located may appoint a receiver upon an ex parte proceeding when affidavits, documents, or testimony amounting to substantial evidence presented to the court in support thereof indicates that: (1) There is a reasonable likelihood that as a result of a facility violation an emergency exists in such facility which must be remedied immediately to ensure the health, safety, and welfare of the residents of such facility; and (2) All reasonable attempts to locate the owner or licensee have failed. Notice of the petition and order shall be served on the facility owner, his agent for service of process, the administrator, the acting administrator, or the person designated by the admin istrator of the facility to receive service of process, the department, and the Department of Medical Assistance. The notice shall be sent to the state ombudsman and the community ombudsman for that facility and shall be posted by the facility in a conspicuous place inside the facility no later than 24 hours after issuance of such order. A hearing on the petition shall be held not later than five days after the issuance of such order unless the owner consents to a later date. (c) A petition under this Code section shall: (1) Set forth material facts showing that the circumstances set forth in Code Section 317-302 exist; and (2) If applicable, show that the facts set forth in paragraph (1) of this subsection have been brought to the attention of the owner and licensee of the facility and that the gov erning body of the facility has been unable or unwilling to remedy the condition or condi tions within a reasonable period of time or that the condition or conditions, although peri odically remedied, habitually exist in the facility as pattern and practice. (d) The facts alleged in the petition shall be verified by one or more sworn affidavits filed with the petition or at the time of the hearing on the petition. Evidence admissible at the hearing on the petition shall include, but is not limited to, testimony under oath, deposi tions, and other evidence ordinarily admissible in civil proceedings. (e) Upon hearing the evidence in the case, the court shall render a judgment: (1) Appointing a receiver; (2) Granting such other and further relief as the court deems just and proper; (3) Dismissing the petition for failure to establish affirmatively the allegations thereof; or (4) Dismissing the complaint upon a finding that the owner or licensee has corrected the conditions described in subsection (a) of Code Section 31-7-302 and that the owner or licensee has satisfied the court that the facility will assure continued compliance. The court may require the owner or licensee to post a bond not to exceed $2,000.00 per resident as security for the facility's continued compliance. (f) (1) The court is authorized and empowered to appoint as a receiver any nursing home administrator licensed pursuant to Chapter 27 of Title 43 or other qualified person or persons, except that no owner, licensee, administrator, employee of the facility or related entity, or any person with a financial interest in any entity related to the facility shall be appointed as receiver. (2) The receiver, in his discretion, may either: (A) Assume the role of administrator if so qualified and take control of all day-to-day operations; or 766 JOURNAL OF THE SENATE (B) Direct the administrator regarding actions and procedures to be taken to eliminate or rectify the conditions specified in the complaint. (3) With the approval of the court, the receiver shall have any or all of the following powers: (A) To hire any consultants or to undertake any studies of the facility he deems appropriate; (B) To make any repairs, improvements, or expenditures to eliminate the conditions specified in the complaint and to direct the method or procedures by which this shall be accomplished; (C) To hire or discharge any employees, including the administrator; (D) To receive or expend in a reasonable and prudent manner the revenues of the facil ity due on the date of the entry of such judgment or to become due after such judgment; (E) To continue the business of the facility and the care of the residents of the facility in all its aspects, including administration of the facility's assets; (F) To do all acts necessary or appropriate to conserve the property and promote the health, safety, welfare, and resident care of the residents in the facility; and (G) To administer the assets of the facility in such a manner as to maximize the bene fits of adequate care to the residents and to correct the violations identified by the depart ment as ordered by the court. (4) Court approval shall be required before the receiver performs any of the following acts: (A) Causing the licensee or owner to incur debt or binding the licensee or owner to any contract with a duration beyond the term of the receivership; (B) Encumbering the facility or its assets with a lien or other encumbrance; (C) Closing the facility or selling the facility or its assets; or (D) Failing to honor preexisting leases, mortgages, or contracts on the grounds that their costs are excessive, that they are unrelated to the operation of the facility, or that they are otherwise unconscionable. (g) No provision of this Code section shall limit the right of any owner to sell, close, lease, or mortgage any facility subject to receivership under this Code section upon the owner's presenting satisfactory evidence to the court that either: (1) Compliance with the applicable requirements of the department has been achieved; or (2) The purchaser, lessee, or mortgagor has assumed the responsibility for achieving such compliance and has filed an acceptable plan of correction with the department. A de termination by the department that a plan of correction is not acceptable shall be subject to review by the court. Upon sale of the facility, the receivership shall be terminated upon compliance with this subsection and subject to the court's determination that the rights and interests of the resi dents are protected in compliance with all applicable laws and regulations. (h) (1) If, upon presentation of appropriate evidence, the court determines that the evidence warrants the granting of the relief sought and if the owner or licensee of the facil ity shall apply to the court to be permitted to remove or remedy the conditions specified in the complaint and shall demonstrate the ability to undertake promptly and completely the actions required, the court, instead of appointing a receiver, may issue an order permitting such owner or licensee to perform the actions in accordance with a time schedule, subject to such conditions, including the posting of a bond as security for the performance of the ac tions, as may be fixed by the court, but not to exceed $2,000.00 per resident. MONDAY, FEBRUARY 18, 1991 767 (2) If, after the issuance of an order pursuant to this subsection, it shall appear that such order is not being complied with, the department may apply to the court on notice to those persons who have appeared in the proceeding for a hearing to determine whether judgment appointing a receiver should be rendered immediately. (3) If, upon a hearing, the court shall determine that the court's order is not being complied with, the court shall issue a final judgment appointing a receiver as authorized in this Code section. If the person has posted a bond to secure completion of actions ordered by the court, that bond may be forfeited and all or part thereof may be used by the receiver to complete such actions. (i) The court shall require the filing, at periodic intervals, of reports of action taken by the receiver and of accounts itemizing the revenues and expenditures thereof. The reports shall be open to inspection by all parties to the case, to the residents and their representa tives, and to the state and community ombudsmen. Upon motion of the receiver, the owner, or the licensee, or upon its own motion, the court may require a presentation or settlement of the accounts. Notice of a motion for presentation or settlement of such accounts shall be served on the owner, the licensee, any party of record who appeared in the proceeding, and any party in interest in such revenues and expenditures. (j) The department, the petitioner, the receiver, the owner, or the licensee may make a motion to terminate the receivership on grounds that the conditions complained of have been eliminated or remedied. Such motion shall be served on all parties and on the state and community ombudsmen, or the department, and on the Department of Medical Assis tance. Such a motion may be opposed by the department or other petitioner, receiver, owner, or licensee by the filing, not later than 15 days after the service of the motion, of a written statement of objections, which shall be served on the parties and the state and com munity ombudsmen. The superior court shall conduct a hearing. If no objections to the motion are filed within the prescribed time, the receivership of the facility may be termi nated by the court. The department shall not oppose the motion to terminate the receiver ship of the facility without having conducted an inspection of the facility after the filing of the motion. The court, following an inspection by the department, may review the depart ment's findings and terminate the receivership subject to such terms as the court deter mines to be necessary or appropriate to prevent the recurrence of any condition complained of, including, but not limited to, requiring the posting of a security bond not to exceed $2,000.00 per resident. (k) From the revenues of the facility, the court shall set a reasonable amount of com pensation for the expenditures and services of a receiver appointed under the provisions of this Code section. The cost of receivership shall be paid for by the facility. The receiver so appointed may be required to furnish a bond, the amount and form of which to be approved by the court. The cost of such bond shall be paid for by the facility. Neither the cost of receivership nor the cost of the receiver's bond may be paid from moneys used for direct patient care nor from resident funds or contributions from family members; nor shall either such cost be a reimbursable cost under the medicare or Medicaid program; nor shall the cost be met by increasing fees from residents. (1) The receiver shall be liable only in his official capacity for injury to persons and property by reason of the conditions of the facility and shall not be personally liable, except for acts or omissions constituting gross, willful, or wanton negligence. 31-7-304. This article shall not conflict with any other authority to appoint receivers of nursing homes or other facilities or institutions." Section 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 41, nays 0, and the substitute was adopted. 768 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: Alien Baldwin Bishop Broun Burton Dawkins Deal Dean Echols Edge Egan Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Langford Marable Moye Newbill Olmstead Perdue Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson Scott Shumake Starr Steinberg TA falLtpC Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those voting in the negative were Senators: Albert Bowen Coleman Collins English Kidd Perry Ray Not voting was Senator Clay (excused). On the passage of the bill, the yeas were 47, nays 8. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Dean of the 31st moved that SB 211 be immediately transmitted to the House. On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 211 was immedi ately transmitted to the House. SB 229. By Senators Pollard of the 24th, Deal of the 49th and Kidd of the 25th: 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 certain forms, documents, and other written matter relating to vital records shall not be open to public inspection and shall remain confidential. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Coleman Collins MONDAY, FEBRUARY 18, 1991 769 Dawkins Deal Dean Echols Edge Egan English FGoilslitser Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill POelmrdsuteead Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Tate T, T*h*oympson limmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Clay (excused) Garner Steinberg On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 272. By Senators Gillis of the 20th, Robinson of the 16th, Hooks of the 14th and others: A bill to amend Article 1 of Chapter 2 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions applicable to the Department of Natu ral Resources, so as to authorize the establishment and operation of programs of volunteer services to the department to facilitate, amplify, or supplement the objectives and functions of the department. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Coleman Collins Deal Dean Echols Edge Egan Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Steinberg Tate Taylor Thompson Turner Tysinger Walker of 22nd Walker of 43rd White 770 JOURNAL OF THE SENATE Those not voting were Senators: Clay (excused) English Starr Timmons On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed. SR 23. By Senators Kidd of the 25th, Ray of the 19th, Garner of the 30th and Hammill of the 3rd: A resolution relating to hiring freezes, layoffs, or furloughs involving state employees. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Coleman Collins Dawkins Dean Echols Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Tate Taylor Thompson Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Clay (excused) Edge Steinberg Timmons On the adoption of the resolution, the yeas were 52, nays 0. The resolution, having received the requisite constitutional majority, was adopted. SB 146. By Senators Newbill of the 56th and Clay of the 37th: A bill to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to exemptions from public disclosure of records, so as to change the ex emption regarding records obtained in internal investigations made by govern mental agencies. MONDAY, FEBRUARY 18, 1991 771 The Senate Committee on Special Judiciary offered the following substitute to SB 146: A BILL To be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to exemptions from public disclosure of records, so as to change the exemption regarding records obtained in internal investigations regarding law enforcement officers or peace officers; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to exemptions from public disclosure of records, is amended by striking subsection (a) of said Code section in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: "(a) Public disclosure shall not be required for records that are: (1) Specifically required by the federal government to be kept confidential; (2) Medical or veterinary records and similar files, the disclosure of which would be an invasion of personal privacy; (3) Except as otherwise provided by law, records compiled for law enforcement or pros ecution purposes to the extent that production of such records would disclose the identity of a confidential source, disclose confidential investigative or prosecution material which would endanger the life or physical safety of any person or persons, or disclose the existence of a confidential surveillance or investigation; (4) Records of law enforcement, prosecution, or regulatory agencies in any pending in vestigation or prosecution of criminal or unlawful activity, other than initial police arrest reports, accident reports, and incident reports; provided, however, that an investigation or prosecution shall no longer be deemed to be pending when all direct litigation involving said investigation and prosecution has become final or otherwise terminated; (5) Records that consist of confidential evaluations submitted to, or examinations pre pared by, a governmental agency and prepared in connection with the appointment or hir ing of a public officer or employee and records consisting of material obtained in investiga tions related to the suspension, firing, or investigation of complaints against public officers or employees until ten days after the same has been presented to the agency or an officer for action or the investigation is otherwise concluded or terminated, provided that this para graph shall not be interpreted to make such investigatory records privileged; provided, how ever, that internal administrative investigatory records related to the suspension, firing, or investigation of complaints against law enforcement officers or peace officers shall not be released or disclosed during such investigation or at any time after the conclusion or termi nation of such investigation if the charge or complaint relating to the administrative investi gation is proved unfounded; (6) Real estate appraisals, engineering or feasibility estimates, or other records made for or by the state or a local agency relative to the acquisition of real property until such time as the property has been acquired or the proposed transaction has been terminated or aban doned; or (7) Related to the provision of staff services to individual members of the General As sembly by the Legislative and Congressional Reapportionment Office, the Senate Research Office, or the House Research Office, provided that this exception shall not have any appli cation with respect to records related to the provision of staff services to any committee or subcommittee or to any records which are or have been previously publicly disclosed by or pursuant to the direction of an individual member of the General Assembly." Section 2. All laws and parts of laws in conflict with this Act are repealed. 772 JOURNAL OF THE SENATE Senator Newbill of the 56th moved that SB 146 be committed to the Senate Committee on Special Judiciary. On the motion, the yeas were 38, nays 0; the motion prevailed, and SB 146 was commit ted to the Senate Committee on Special Judiciary. SR 129. By Senator Broun of the 46th: A resolution designating the Thomson Mills Forest of the University of Georgia as the State Arboretum of Georgia. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Coleman Collins Deal Dean Echols Egan English Foster Garner Gillis Hammill Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate Thompson Turner Tysinger Walker of 43rd White Those not voting were Senators: Clay (excused) Dawkins Edge Harris Hasty Olmstead Taylor Timmons Walker of 22nd On the adoption of the resolution, the yeas were 47, nays 0. The resolution, having received the requisite constitutional majority, was adopted. Senator Thompson of the 33rd introduced Honorable Buddy Darden, U.S. Representa tive from Georgia's Seventh Congressional District, who briefly addressed the Senate. The following general resolution and bill of the Senate, favorably reported by the com mittees were read the third time and put upon their passage: SR 152. By Senators Tysinger of the 41st, Steinberg of the 42nd and Egan of the 40th: A resolution relative to the adoption of a comprehensive national energy strategy. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: MONDAY, FEBRUARY 18, 1991 773 Those voting in the affirmative were Senators: Albert Alien Baldwin Bowen ^roun ^cCooull.reltimonnsan Dawkins Dean Echols Foster Garner Gillis Hammill Henson Hill Hooks Huggins J-K,o,-:h.d,nd,son Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray SS~,ctaortrt Tate Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Bishop Clay (excused) English Harris Hasty Langford Olmstead Robinson Shumake Steinberg Taylor Thompson Timmons On the adoption of the resolution, the yeas were 40, nays 0. The resolution, having received the requisite constitutional majority, was adopted. SB 174. By Senators Deal of the 49th, Garner of the 30th, Baldwin of the 29th and John son of the 47th: A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions pertaining to the General Assembly, so as to change provisions relating to the method of proof of advertisement of local bills; to pro vide for related matters; to provide for an effective date and for applicability. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Burton Coleman Collins Dawkins Deal Dean Echols Egan English Foster Garner Gillis Hammill Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Tate 774 JOURNAL OF THE SENATE Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Bowen Broun Clay (excused) Edge Harris Langford Olmstead Starr Steinberg Taylor Thompson On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Ramsey of the 54th introduced the doctor of the day, Dr. Philip Bates Bailey, of Dalton, Georgia. The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage: SB 279. By Senator Baldwin of the 29th: A bill to amend Article 2 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insurance and indemnification of officers and employees of municipalities, counties, and other public bodies, so as to change provisions relat ing to local governments providing defenses for their officers and employees; 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 Alien Baldwin Bishop Bowen Br<>un Burton Coleman Collins Dawkins Deal Dean Echols Egan English Foster Garner Gillis Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey j^av Robinson Scott ^ 5,tarr i,. e Iimmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Clay (excused) Edge Hammill Harris Olmstead Shumake Steinberg Taylor Thompson MONDAY, FEBRUARY 18, 1991 775 On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed. The following general bill of the Senate, having been read the third time on February 8 and committed to the Senate Committee on Public Safety, favorably reported by the com mittee, and placed on the Senate Rules Calendar for today, was put upon its passage: SB 172. By Senator Ramsey of the 54th: A bill to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to change the educational re quirements for appointment to the Uniform Division; to change the composition of the State Patrol Disciplinary Board. The Senate Committee on Public Safety offered the following amendment: Amend SB 172 by striking from line 17 of page 1 the following: "a minimum of two years of college", and inserting in lieu thereof the following: "90 quarter hours or its semester equivalent in any accredited college or university or five years' experience as a certified law enforcement officer". On the adoption of the amendment, the yeas were 40, nays 1, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill 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: Alien Baldwin Bishop Bowen Broun Burton Coleman Dawkins Dean Echols Edge English Foster Garner Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Timmons Turner Tysinger White Those voting in the negative were Senators: Albert Collins Egan Shumake Walker of 22nd Walker of 43rd 776 JOURNAL OF THE SENATE Those not voting were Senators: Clay (excused) Gillis Hammill Thompson On the passage of the bill, the yeas were 46, 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 amendment thereto: SR 96. By Senators Coleman of the 1st, Alien of the 2nd and Hammill of the 3rd: A resolution authorizing the conveyance of certain state owned real property lo cated in Chatham County, Georgia; to provide an effective date. The House amendment was as follows: Amend SR 96 by adding between lines 8 and 9 on page 2 the following: "WHEREAS, a portion of the above-described right of way was subsequently utilized in the construction of the roadway; and". By striking in their entirety lines 14 and 15 on page 2, which read as follows: "WHEREAS, the above-described property was abandoned and has reverted back to the State of Georgia; and". By striking in their entirety lines 16 through 18 on page 2, which read as follows: "WHEREAS, Chatham County is desirous of obtaining the above-described property for the purpose of constructing a bike and hiking trail.", and inserting in lieu thereof the following: "WHEREAS, Chatham County is desirous of obtaining the remaining portion of the property which is not used for a roadway for the purposes of constructing a public hiking and hiking trail." Senator Coleman of the 1st moved that the Senate agree to the House amendment to SR96. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Broun Burton Coleman Collins Dawkins Deal Dean Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Steinberg Tate Taylor Thompson Timmons Turner MONDAY, FEBRUARY 18, 1991 777 Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Bowen Clay (excused) Echols Starr On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SR 96. Senator Deal of the 49th, President Pro Tempore, assumed the Chair. The following general bills and resolutions of the Senate, favorably reported by the committees, were read the third time and put upon their passage: SR 151. By Senator Perry of the 7th: A resolution applying to the Congress of the United States to call a convention for the purpose of proposing an amendment to the Constitution of the United States with respect to certain disrespectful acts involving the flag of the United States or the flags of the several states. Senator Newbill of the 56th offered the following amendment: Amend SR 151 by deleting on page 2, line 17, "or the flags of the several states" and putting a period (.) after "States". Senator Perry of the 7th moved the previous question. Senator Walker of the 43rd moved that SR 151 be placed on the Table. On the motion to table, which motion takes precedence, Senator Perry of the 7th called for the yeas and nays; the call was sustained, and the vote was as follows: Those voting in the affirmative were Senators: Broun Henson Johnson Steinberg Tate Walker of 43rd Those voting in the negative were Senators: Albert Alien Baldwin Bishop Bowen B^o11 XCDoawlfhmknisanns Dean ggan English Foster Garner Hammill Harris Hasty Hill Hooks Huggins Kidd Lp,..aanragbf,o,lerd MNewybe ill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott SS,,.htauimr ake TThaoylmorpson Timmons Turner Tysinger Walker of 22nd White 778 JOURNAL OF THE SENATE Those not voting were Senators: Clay (excused) Deal (presiding) Edge Gillis On the motion offered by Senator Walker of the 43rd, the yeas were 6, nays 46; the motion was lost, and SR 151 was not placed on the Table. On the motion offered by Senator Perry of the 7th, the yeas were 43, nays 0; the motion prevailed, and the previous question was ordered. On the adoption of the amendment, the yeas were 41, nays 2, 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 Alien Baldwin Bishop Bowen Broun Burton Coleman Collins Dawkins Dean Echols Egan English Foster Garner Gillis Hammill Harris Hasty Hill Hooks Huggins Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Taylor Thompson Timmons Turner Tysinger Walker of 22nd White Those voting in the negative were Senators: Johnson Steinberg Walker of 43rd Those not voting were Senators: Clay (excused) Edge Tate Deal (presiding) Henson On the adoption of the resolution, the yeas were 48, nays 3. The resolution, having received the requisite constitutional majority, was adopted as amended. Senator Perry of the 7th moved that SR 151 be immediately transmitted to the House. On the motion, the yeas were 39, nays 0; the motion prevailed, and SR 151 was immedi ately transmitted to the House. MONDAY, FEBRUARY 18, 1991 779 SB 31. By Senator Thompson of the 33rd: A bill to amend Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, the "Georgia Student Finance Authority Act," so as to pro vide for a new full-tuition scholarship program for certain students who attend state institutions of higher education; to provide for definitions; to provide for eligibility; to provide for administration and funding. Senator Thompson of the 33rd moved that SB 31 be postponed until Tuesday, Febru ary 19. On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 31 was post poned until Tuesday, February 19. SB 67. By Senator Tysinger of the 41st: A bill to amend Chapter 67A of Title 36 of the Official Code of Georgia Anno tated, relating to conflicts of interest in zoning actions, so as to revise said chap ter; to provide for definitions; to provide for disclosure of certain financial inter ests by local government officials and for additional requirements in connection therewith. The Senate Committee on Judiciary offered the following substitute to SB 67: A BILL To be entitled an Act to amend Chapter 67A of Title 36 of the Official Code of Georgia Annotated, relating to conflicts of interest in zoning actions, so as to revise said chapter; to provide for definitions; to provide for disclosure of certain financial interests by local gov ernment officials and for additional requirements in connection therewith; to provide for the disclosure of certain campaign contributions to local government officials; to provide for penalties; to provide conditions under which a special master may be appointed to make recommendations to the governing authority of a local government; to provide for construc tion; 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 67A of Title 36 of the Official Code of Georgia Annotated, relating to conflicts of interest in zoning actions, is amended by striking said chapter in its entirety and substituting in lieu thereof a new Chapter 67A of Title 36 to read as follows: "CHAPTER 67A 36-67A-1. As used in this chapter, the term: (1) 'Applicant' means any person who applies for a rezoning action and any attorney or other person representing or acting on behalf of a person who applies for a rezoning action. (2) 'Business entity' means any corporation, partnership, limited partnership, firm, en terprise, franchise, association, or trust. (2.1) 'Campaign contribution' means a 'contribution' as defined in paragraph (6) of Code Section 21-5-3. (3) 'Financial interest' means all direct ownership interests of the total assets or capital stock of a business entity where such ownership interest is 10 percent or more. (4) 'Local government' means any county or municipality of this state. (5) 'Local government official' means any member of the governing authority of a local government or any member of a planning or zoning commission. (6) 'Member of the family' means the spouse, mother, father, brother, sister, son, or daughter of a local government official. 780 JOURNAL OF THE SENATE (6.1) 'Person' means an individual, partnership, committee, association, corporation, la bor organization, or any other organization or group of persons. (7) 'Property interest' means the direct ownership of real property and includes any percentage of ownership less than total ownership. (8) 'Real property' means any tract or parcel of land and, if developed, any buildings or structures located on the land. (9) 'Rezoning action' means action by local government adopting an amendment to a zoning ordinance which has the effect of rezoning real property from one zoning classifica tion to another. 36-67A-2. A local government official who knew or reasonably should have known he or she: (1) Has a property interest in any real property affected by a rezoning action which that official's local government will have the duty to consider; (2) Has a financial interest in any business entity which has a property interest in any real property affected by a rezoning action which that official's local government will have the duty to consider; or (3) Has a member of the family having any interest described in paragraph (1) or (2) of this Code section shall immediately disclose the nature and extent of such interest, in writing, to the gov erning authority of the local government in which the local government official is a member. The local government official who has an interest as defined in paragraph (1) or (2) of this Code section shall disqualify himself from voting on the rezoning action. The disqualified local government official shall not take any other action on behalf of himself or any other person to influence action on the application for rezoning. The disclosures provided for in this Code section shall be a public record and available for public inspection at any time during normal working hours. 36-67A-3. (a). When any applicant for rezoning action has made, within five years im mediately preceding the filing of that applicant's application for the rezoning action, cam paign contributions aggregating $250.00 or more to a local government official who will con sider the application, it shall be the duty of the applicant to file a disclosure report with the governing authority of the respective local government showing: (1) The name and official position of the local government official to whom the cam paign contribution was made; and (2) The dollar amount and description of each campaign contribution made by the ap plicant to the local government official during the five years immediately preceding the fil ing of the application for the rezoning action and the date of each such contribution. (b) The disclosures required by subsection (a) of this Code section shall be filed within ten days after the application for the rezoning action is first filed. 36-67A-4. Any person knowingly failing to comply with the requirements of this chapter or violating the provisions of this chapter shall be guilty of a misdemeanor. 36-67A-5. (a) Where one or more disqualifications required by this chapter result in the inability of the governing authority of the county or municipality to attain a quorum for the purpose of making a final decision when considering a rezoning action, the governing au thority immediately shall petition the superior court wherein the property which is the sub ject of the rezoning is located for appointment of a disinterested special master for the purpose of hearing evidence regarding the proposed rezoning action and making a recom mendation to the petitioning governing authority. The court, in its order appointing the special master, shall give such directions for notice and the service thereof as well as for the time in which a hearing must be held and recommendations issued as are just and appropri ate under the circumstances and as are consistent with this chapter. MONDAY, FEBRUARY 18, 1991 781 (b) The disinterested special master provided for in this Code section shall be ap pointed by the judge or judges of the superior courts of each judicial circuit and shall dis charge the duties provided for in this Code section. The special master so appointed must be a competent attorney at law, be of good standing in his profession, and have at least three years' experience in the practice of law. He shall hold office at the pleasure of the judge and shall be removable at any time with or without cause. The court, in its order appointing the special master, shall designate the person or entity responsible for compen sating the special master at a rate not less than $50.00 per day nor more than $250.00 per day for the time actually devoted to the hearing and consideration of the matter. (c) The special master shall consider any factors relevant in balancing the interest in promoting the public health, safety, morality, or general welfare against the right to the unrestricted use of property. (d) The hearing provided for in this Code section and all records pertinent thereto shall be open and available to the public. (e) Nothing contained in this Code section shall be construed as a delegation of the final decision-making powers of the governing authority to the special master and the rec ommendation of the special master is not a final decision as to the rezoning action. Where a special master has been appointed and has made a recommendation, the disqualification requirement of Code Section 36-67A-2 shall be waived. 36-67A-6. Nothing in this chapter shall be construed to prohibit a local government official from voting on a zoning decision when the local government is adopting a zoning ordinance for the first time or when a local government is voting upon a complete revision of the zoning ordinance initiated by the local government pursuant to a comprehensive plan as defined in Chapter 70 of this title." Section 2. All laws and parts of laws in conflict with this Act are repealed. Senator Tysinger of the 41st offered the following amendment: Amend the substitute to SB 67 offered by the Senate Committee on Judiciary by strik ing the word "complete" on line 16 of page 6. On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted. On the adoption of the substitute, the yeas were 40, 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 Alien Baldwin Bishop Bowen Broun Burton Coleman Collins Dawkins Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Newbill Olmstead Perdue Perry 782 JOURNAL OF THE SENATE Phillips Pollard Ragan of 32nd R*mSey Robinson Scott Shumake Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Clay (excused) Deal (presiding) Moye Ragan of 10th On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. SB 144. By Senators Walker of the 22nd, Walker of the 43rd and Alien of the 2nd: 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 legislative intent; to provide definitions; to require minority business enterprises to be certified by the Department of Administrative Services before bidding on state contracts; to pro vide the requirements for certification as a minority business enterprise. Senators Walker of the 22nd and Walker of the 43rd offered the following substitute of SB 144: A BILL To be entitled an Act 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 legislative intent; to provide definitions; to provide for minority business enterprises to be certified by the De partment of Administrative Services; to provide the requirements for certification as a mi nority business enterprise; to provide for lists; to provide for denials of certification and appeals thereof; to provide for unlawful activities with regard to certification as a minority business enterprise; to provide for penalties; 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. Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, is amended by adding at the end thereof a new Part 4 to read as follows: "Part 4 50-5-130. The General Assembly recognizes that the preservation and expansion of the American economic system of private enterprise is through free competition, but it also rec ognizes that the security and well-being brought about by such competition cannot be real ized unless the actual and potential capacity of minority business enterprises is encouraged and developed. Therefore, it is the intent of the General Assembly that the state define a 'minority business enterprise' for purposes of representation in the area of procurement of state contracts for construction, services, equipment, and goods. 50-5-131. As used in this part, the term: (1) 'Minority' means an individual who is a member of a race which comprises less than 50 percent of the total population of the state. (2) 'Minority business enterprise' means a small business concern which is owned and MONDAY, FEBRUARY 18, 1991 783 controlled by one or more minorities and is authorized to do and is doing business under the laws of this state, paying all taxes duly assessed, and domiciled within this state. (3) 'Owned and controlled' means a business: (A) Which is at least 51 percent owned by one or more minorities or, in the case of a publicly owned business, at least 51 percent of all classes or types of the stock is owned by one or more minorities; and (B) Whose management and daily business operations are controlled by one or more minorities. 50-5-132. (a) Any minority business enterprise that desires to claim such status under any law of this state or any regulation promulgated pursuant thereto shall first apply for certification, in addition to any other certification required by the provisions of 49 C.F.R. 23, to the Department of Administrative Services. (b) The Department of Administrative Services shall certify a business which meets the eligibility requirement of this part to qualify as a minority business enterprise. To qualify as a minority business enterprise, the business shall: (1) Be a minority business enterprise; (2) Submit any documentary evidence to support its status as a minority business enterprise; (3) Sign an affidavit stating that it is a minority business enterprise; (4) Be qualified to bid pursuant to the provisions of the Department of Administrative Services and other state agencies; and (5) Present: (A) An application, including the entire business history of the operation; (B) Birth certificates for all minority principals; (C) If Native American, a tribal registration card or certificate; (D) Current resumes on all principals, key managers, and other key personnel; (E) A current financial statement; (F) Proof of investment by principals; (G) Loan agreements; (H) Lease or rental agreement for space and equipment; (I) Evidence of latest bond; (J) If the applicant is a sole proprietor, a copy of a blank signature card; (K) If the applicant is a partnership, a copy of the partnership agreement; and (L) If the applicant is a corporation, articles of organization, corporation bylaws, copies of all stock certificates, minutes of the first corporate organizational meeting, bank resolu tion on all company accounts, and a copy of the latest United States corporate tax return. (c) The Department of Administrative Services shall prepare and maintain a list of certified minority business enterprises. (d) The Department of Administrative Services may deny certification to any minority business enterprise which does not qualify as such under the provisions of this part. Any person adversely affected by an order of the Department of Administrative Services denying certification as a minority business enterprise may appeal as provided in the regulations of the Department of Administrative Services. 50-5-133. (a) It shall be unlawful for a person to: (1) Knowingly and with intent to defraud, fraudulently obtain, retain, attempt to ob- 784 JOURNAL OF THE SENATE tain or retain, or aid another in fraudulently obtaining or retaining or attempting to obtain or retain, certification as a minority business enterprise for the purposes of this part; (2) Knowingly and willfully make a false statement with the intent to defraud, whether by affidavit, report, or other representation, to a state official or employee for the purpose of influencing the certification or denial of any certification of any entity as a minority busi ness enterprise; (3) Knowingly and willfully obstruct, impede, or attempt to obstruct or impede any state official or employee who is investigating the qualifications of a business entity which has requested certification as a minority business enterprise; (4) Knowingly and willfully with intent to defraud, fraudulently obtain, attempt to ob tain, or aid another person in fraudulently obtaining or attempting to obtain, public moneys to which the person is not entitled under this part; or (5) Knowingly and willfully assign any contract awarded pursuant to the Department of Administrative Services to any other business enterprise without prior written approval of the Department of Administrative Services. (b) Any person convicted of violating any provision of this Code section shall be guilty of a felony, punishable by imprisonment for not more than five years or a fine of not more than $10,000.00 or both such imprisonment and fine. (c) If a contractor, subcontractor, supplier, subsidiary, principal, or affiliate thereof has been found to have violated this Code section and that violation occurred within three years of another violation of this Code section, the Department of Administrative Services shall prohibit that contractor, subcontractor, supplier, subsidiary, or affiliate thereof from enter ing into a state project or state contract; from further bidding to a state entity; from being a subcontractor to a contractor for a state entity; and from being a supplier to a state entity." 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. Senator Deal of the 49th, President Pro Tempore, who was presiding, announced that, pursuant to Senate Rule 143, consideration of SB 144 would be suspended and placed on the Senate General Calendar. The following general bill of the Senate, having been read the third time on February 15 and postponed until February 18, was put upon its passage: SB 79. By Senator Thompson of the 33rd: A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of rates, underwriting rules, and related organizations, so as to require an insurer which files a rate, rating plan, rating system, or under writing rule reflecting an increase in the current filing to notify each of its policyholders residing in this state; to provide for the manner of notification; to provide for the content of such notice. The Senate Committee on Insurance and Labor offered the following substitute to SB 79: A BILL To be entitled an Act to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of rates, underwriting rules, and related organizations, so as to require an insurer which is required to file its rates and underwriting rules with the Commissioner to publish an annual statement of its financial condition; to provide for the form and content of such statement; to provide for matters relative to the publication of MONDAY, FEBRUARY 18, 1991 785 such statement; to authorize the Commissioner of Insurance to demand verification of com pliance with such notice requirements; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of rates, underwriting rules, and related organizations, is amended by adding at the end thereof a new Code section, to be designated Code Section 33-9-42, to read as follows: "33-9-42. An insurer which is required by this chapter to file its rates, rating plans, rating systems, or underwriting rules with the Commissioner shall also be required to pub lish an annual statement of its financial condition. Such publication shall be made only once during the month of January of each year in a newspaper of general circulation in Fulton County or in the county of the insurer's principal business office. The statement of financial condition shall be in such form and contain such information as prescribed by regulation or rule of the Commissioner and specifically shall contain a summary of any rate filing during the previous calendar year which resulted in an increase in rates or premiums. The Commis sioner may demand verification of compliance with this Code section." Section 2. All laws and parts of laws in conflict with this Act are repealed. Senator Thompson of the 33rd offered the following amendment: Amend the substitute to SB 79 offered by the Senate Committee on Insurance and Labor by striking on line 23 of page 1, the words: "only once during the month of January", and inserting in its place the words: "only once on the first Friday in April"; And by striking the word "statement" where it appears on page 1, line 6, line 7, line 8, line 21, and line 26, and inserting in its place the word "summary". On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted. On the adoption of the substitute, the yeas were 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 Alien Baldwin Bishop Bowen Broun Burton Coleman Collins Dawkins Dean Echols Edge Egan English Foster Garner Hammill Harris Henson Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey 786 JOURNAL OF THE SENATE Ray Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd White Those not voting were Senators: Clay (excused) Deal (presiding) Gillis Hasty Langford Robinson Shumake Walker of 43rd 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 resolution of the Senate, having been read the third time on Feb ruary 12 and postponed until Monday, February 18, was put upon its adoption: SR 122. By Senators Collins of the 17th, Perry of the 7th, Burton of the 5th and Dawkins of the 45th: A resolution designating the "Raymond G. Davis Medal of Honor Highway". 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 Alien Baldwin Bishop Bowen Broun Burton Coleman Collins Dawkins Dean Echols Edge Egan English Foster Garner Hammill Harris Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Scott Starr Steinberg Tate Thompson Timmons Turner Tysinger Walker of 22nd White Those not voting were Senators: Clay (excused) Deal (presiding) Gillis Hasty Henson Langford Robinson Shumake Walker of 43rd On the adoption of the resolution, the yeas were 47, nays 0. The resolution, having received the requisite constitutional majority, was adopted. MONDAY, FEBRUARY 18, 1991 787 Senator Garner of the 30th moved that the Senate do now adjourn until 9:15 o'clock A.M. tomorrow, and the motion prevailed. At 12:42 o'clock P.M., Senator Deal of the 49th, President Pro Tempore, who was pre siding, announced the Senate adjourned until 9:15 o'clock A.M. tomorrow. 788 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Tuesday, February 19, 1991 Twenty-fourth Legislative Day The Senate met pursuant to adjournment at 9:15 o'clock A.M. today and was called to order by the President. Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House: HB 553. By Representative Breedlove of the 60th: A bill to amend an Act providing a new charter for the City of Norcross, so as to establish a council-manager form of government. HB 699. By Representative Morsberger of the 62nd: A bill to amend an Act creating a new charter for the City of Lilburn, so as to lengthen the period of time for which the city may grant a franchise. HB 700. By Representatives Watson of the 114th, Walker of the 113th and Walker of the 115th: A bill to amend an Act creating a board of commissioners of Houston County, so as to repeal a certain provision which requires the chairman of the board of com missioners to publish annually a detailed statement accounting for the expendi tures from the chairman's expense account; to change the provisions relating to the filling of a vacancy in the chairman post. HB 701. By Representative Smith of the 78th: A bill to amend an Act providing a new charter for the City of Barnesville, so as to change the provisions relating to the election of the mayor and members of the city council. HB 528. By Representatives Dobbs of the 74th, Walker of the 115th, Watson of the 114th, Alford of the 57th, Colwell of the 4th and others: A bill to amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics' and materialmen's liens, so as to provide for the preclusion of the waiver of mechanics' lien and bond rights in advance of performance of labor or provision of materials. HB 616. By Representatives Carter of the 146th and Patten of the 149th: A bill to amend Part 3 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water well standards, so as to continue the State Water Well Standards Advisory Council. TUESDAY, FEBRUARY 19, 1991 789 HB 514. By Representative Watson of the 114th: 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 provide accounting methods to be used by gas utilities in rate-making proceedings. HB 642. By Representatives Ware of the 77th, Dunn of the 73rd, Chambless of the 133rd, Valenti of the 52nd and Childers of the 15th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to provide for intent; to direct the Commis sioner of Insurance to develop a model basic health insurance plan. HB 264. By Representative Twiggs of the 4th: A bill to amend Part 1 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to the equalization of assessments of property for ad valorem tax purposes, so as to provide that county property appraisal staff and members of county boards of tax assessors may go upon property outside of buildings to carry out the duty of making appraisals of the fair market value of taxable property. The House has adopted by the requisite constitutional majority the following resolu tions of the House: HR 285. By Representative Lane of the 27th: A resolution creating the Airports Study Committee. HR 18. By Representatives Aiken of the 21st and Vaughan of the 20th: A resolution compensating Mrs. Margaret Drew. HR 157. By Representatives Holmes of the 28th, McKinney of the 35th, Orrock of the 30th, Sinkfield of the 37th, Hightower of the 36th and others: A resolution designating the Lorenzo Benn Youth Development Center. HR 40. By Representatives Dover of the llth and Jamieson of the llth: A resolution compensating Mr. James Thomason. HR 42. By Representative Barnett of the 10th: A resolution compensating Mr. Edmund J. Heartstedt. HR 107. By Representative Wilder of the 21st: A resolution compensating Ms. Wilma G. Hargus. HR 109. By Representative Adams of the 79th: A resolution compensating Mr. Gary J. Daniel. The following bills and resolutions of the Senate were introduced, read the first time and referred to committees: SB 348. By Senator Turner of the 8th: A bill to amend Part 1 of Article 6 of Chapter 2 of Title 20, relating to the objec tives and purposes of the "Quality Basic Education Act," so as to provide that any child who is a patient or client in a facility licensed by the State of Georgia to deliver intermediate nursing care or intermediate care for the mentally 790 JOURNAL OF THE SENATE retarded and who remains in that facility for more than 60 days shall be eligible for enrollment in a free public instructional program. Referred to Committee on Education. SB 349. By Senators Newbill of the 56th, Ragan of the 32nd and Thompson of the 33rd: A bill to provide for the determination of the millage rate by the governing au thorities of Cobb County, any municipality wholly or partially located in Cobb County, and the school systems of Cobb County and any municipalities wholly or partially located in Cobb County; to provide for definitions; to provide for certifi cation of taxable values and millage rates by the tax commissioner of Cobb County; to provide for the adoption of millage rate resolutions and ordinances; to provide procedures for the adoption of a millage rate; to provide for the publica tion of notices; to provide for the form of notices; to provide the procedure for adopting the ordinance or resolution. Referred to Committee on Urban and County Affairs. SB 350. By Senators Gillis of the 20th, Huggins of the 53rd, Coleman of the 1st and others: A bill to amend Code Section 16-8-12 of the Official Code of Georgia Annotated, relating to penalties for violation of Code Sections 16-8-2 and 16-8-9, so as to provide that persons sentenced to imprisonment for theft of a motor vehicle shall be incarcerated in a special alternative incarceration or boot camp unit of the Department of Corrections for a certain period of their sentence; to provide for such units. Referred to Committee on Special Judiciary. SB 351. By Senators White of the 48th, Albert of the 23rd, Perry of the 7th and others: A bill 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 provide for issu ance of a special and distinctive license plate for active duty or retired members of the armed forces of the United States; to provide for fees; to provide for a minimum number of applications; to provide for application procedures; to pro vide for transfer and renewals. Referred to Committee on Defense and Veterans Affairs. SB 352. By Senator Albert of the 23rd: 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 Golden Retriever as the official dog of this state. Referred to Committee on Governmental Operations. SB 353. By Senator Kidd of the 25th: 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 that a person who purchases a motor vehicle at a tent sale or public motor vehicle auction shall have until 12:00 Midnight on the seventh business day after the day of sale in which to cancel the sale agreement or contract; to define a certain term. Referred to Committee on Governmental Operations. SR 196. By Senator Starr of the 44th: A resolution authorizing the termination of that certain "Amendment to Leases" (Consolidated Lease) entered into on April 25, 1974, by and between the State of Georgia (State) acting through the Governor and the Secretary of State and by TUESDAY, FEBRUARY 19, 1991 791 virtue of and pursuant to Resolution Act No. 119 enacted by the 1974 Regular Session of the Georgia General Assembly and approved by the Governor of the State of Georgia on March 28, 1974, as lessor, and Consolidated Atlanta Proper ties, Ltd. (CAPCO), as lessee; to provide for other matters relative thereto; to provide an effective date. Referred to Committee on Finance and Public Utilities. SR 197. By Senators Coleman of the 1st, Thompson of the 33rd and Hill of the 4th: A resolution creating a Joint Georgia Airport Development Authority Study Committee. Referred to Committee on Rules. The following bills and resolutions of the House were read the first time and referred to committees: HB 264. By Representative Twiggs of the 4th: A bill to amend Part 1 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to the equalization of assessments of property for ad valorem tax purposes, so as to provide that county property appraisal staff and members of county boards of tax assessors may go upon property outside of buildings to carry out the duty of making appraisals of the fair market value of taxable property. Referred to Committee on Finance and Public Utilities. HB 514. By Representative Watson of the 114th: 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 provide accounting methods to be used by gas utilities in rate-making proceedings. Referred to Committee on Finance and Public Utilities. HB 528. By Representatives Dobbs of the 74th, Walker of the 115th, Watson of the 114th and others: A bill to amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics' and materialmen's liens, so as to provide for the preclusion of the waiver of mechanics' lien and bond rights in advance of performance of labor or provision of materials. Referred to Committee on Special Judiciary. HB 616. By Representatives Carter of the 146th and Patten of the 149th: A bill to amend Part 3 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water well standards, so as to continue the State Water Well Standards Advisory Council. Referred to Committee on Natural Resources. HB 642. By Representatives Ware of the 77th, Dunn of the 73rd, Chambless of the 133rd and others: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to provide for intent; to direct the Commis sioner of Insurance to develop a model basic health insurance plan. Referred to Committee on Insurance and Labor. 792 JOURNAL OF THE SENATE HB 553. By Representative Breedlove of the 60th: A bill to amend an Act providing a new charter for the City of Norcross, so as to establish a council-manager form of government. Referred to Committee on Urban and County Affairs. HB 699. By Representative Morsberger of the 62nd: A bill to amend an Act creating a new charter for the City of Lilburn, so as to lengthen the period of time for which the city may grant a franchise. Referred to Committee on Urban and County Affairs. HB 700. By Representatives Watson of the 114th, Walker of the 113th and Walker of the 115th: A bill to amend an Act creating a board of commissioners of Houston County, so as to repeal a certain provision which requires the chairman of the board of com missioners to publish annually a detailed statement accounting for the expendi tures from the chairman's expense account; to change the provisions relating to the filling of a vacancy in the chairman post. Referred to Committee on Urban and County Affairs. HB 701. By Representative Smith of the 78th: A bill to amend an Act providing a new charter for the City of Barnesville, so as to change the provisions relating to the election of the mayor and members of the city council. Referred to Committee on Urban and County Affairs. HR 18. By Representatives Aiken of the 21st and Vaughan of the 20th: A resolution compensating Mrs. Margaret Drew in the sum of $1,198.00. Referred to Committee on Appropriations. HR 40. By Representatives Dover of the llth and Jamieson of the llth: A resolution compensating Mr. James Thomason in the sum of $1,168.00. Referred to Committee on Appropriations. HR 42. By Representative Barnett of the 10th: A resolution compensating Mr. Edmund J. Heartstedt in the sum of $454.63. Referred to Committee on Appropriations. HR 107. By Representative Wilder of the 21st: A resolution compensating Ms. Wilma G. Hargus in the sum of $653.65. Referred to Committee on Appropriations. HR 109. By Representative Adams of the 79th: A resolution compensating Mr. Gary J. Daniel in the sum of $1,595.22. Referred to Committee on Appropriations. HR 157. By Representatives Holmes of the 28th, McKinney of the 35th, Orrock of the 30th and others: A resolution designating the Lorenzo Benn Youth Development Center. Referred to Committee on Youth, Aging and Human Ecology. TUESDAY, FEBRUARY 19, 1991 793 HR 285. By Representative Lane of the 27th: A resolution creating the Airports Study Committee. Referred to Committee on Rules. The following reports of standing committees were read by the Secretary: Mr. President: The Committee on Corrections has had under consideration the following bills and res olution of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 379. Do pass. HB 380. Do pass. HR 155. Do pass. Respectfully submitted, Senator Ray of the 19th District, Chairman Mr. President: The Committee on Governmental Operations has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 197. Do pass by substitute. HR 162. Do pass. HB 329. Do pass. HB 351. Do pass. Respectfully submitted, Senator Kidd of the 25th District, Chairman Mr. President: The Committee on Higher Education has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 313. Do pass. HB 320. Do pass. HB 582. Do pass by substitute. Respectfully submitted, Senator Hammill of the 3rd District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following bills of the Sen ate and has instructed me to report the same back to the Senate with the following recommendations: SB 45. Do pass by substitute. SB 250. Do pass. SB 255. Do pass. SB 267. Do pass. Respectfully submitted, Senator Baldwin of the 29th District, Chairman 794 JOURNAL OF THE SENATE Mr. President: The Committee on Judiciary has had under consideration the following bills of the Sen ate and has instructed me to report the same back to the Senate with the following recommendations: SB 243. Do pass. SB 314. Do pass. SB 305. Do pass. SB 334. Do pass. SB 312. Do pass. Respectfully submitted, Senator Baldwin of the 29th 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 72. Do pass. SR 174. Do pass. Respectfully submitted, Senator Dean of the 31st District, Chairman Mr. President: The Committee on Transportation has had under consideration the following bills and resolution of the House and Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 286. Do pass. SR 180. Do pass. HB 548. Do pass. Respectfully submitted, Senator Coleman of the 1st District, Chairman Mr. President: The Committee on Urban and County Affairs has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 647. Do pass by substitute. HB 667. Do pass. HB 655. Do pass. HB 685. Do pass. HB 665. Do pass. Respectfully submitted, Senator Harris of the 27th District, Chairman The following bills of the Senate and House were read the second time: SB 184. By Senator Johnson of the 47th: A bill to amend Code Section 51-10-6 of the Official Code of Georgia Annotated, relating to the owner's right of action for damage to or theft involving personal property, so as to provide for the recovery of compensatory damages, minimum TUESDAY, FEBRUARY 19, 1991 795 liquidated exemplary damages, reasonable attorney's fees, and costs in actions pursuant to this Code section in which the claim value does not exceed $5,000.00 and to provide for the recovery of damages from the parents or legal guardian of certain unemancipated minors liable under this Code section. SB 260. By Senators Deal of the 49th and Kidd of the 25th: A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that all hearings involving delin quency shall be open to the public; to provide that certain other hearings shall be closed to the public; to change the provisions relating to juvenile law enforcement records and inspection thereof; to change the provisions relating to when a child may be fingerprinted or photographed and the use and retention of such finger prints, photographs, and records related thereto. SB 265. By Senators Hammill of the 3rd, Hill of the 4th, Coleman of the 1st and Alien of the 2nd: A bill to amend Chapter 9 of Title 3 of the Official Code of Georgia Annotated, relating to sale of alcoholic beverages by passenger carriers and nonprofit organi zations, so as to provide that passenger vessels designed to carry at least 60 per sons may be authorized to sell distilled spirits, wine, and malt beverages. SB 310. By Senators Deal of the 49th, Edge of the 28th and Baldwin of the 29th: A bill to amend Article 7 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to continuances, so as to provide for an additional ground for a continuance because of attendance of a party or an attorney at the General Assembly by reason of such person's service on the staff of the General Assembly. SB 319. 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 323. By Senator Dawkins of the 45th: A bill to amend Article 2 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to administration of the laws relating to workers' compensa tion, so as to provide for the appointment of senior administrative law judges for the State Board of Workers' Compensation; to provide for the qualifications, ser vice, allowances, and expenses of senior administrative law judges. HB 400. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th and others: A bill to amend Chapter 20 of Title 33 of the Official Code of Georgia Annotated, relating to health care plans, so as to provide for purpose and construction; to revise provisions regarding formation of health care corporations. The President called for the morning roll call, and the following Senators answered to their names: Albert Alien Baldwin Bishop Bowen Burton Coleman Collins Dawkins Deal Dean Echols 796 JOURNAL OF THE SENATE Egan English Foster Garner lllls .,, "HHaaamrsrtmiysl11 Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill O_Pelmrd,suteead Perrv Phillips Pollard Ragan of 10th Ragan of 32nd Ray Scott Shumake Starr Steinberg Tm Taaytielor Turner Tysinger Walker of 22nd Walker of 43rd White Those not answering were Senators: Broun Clay Edge Ramsey Robinson Thompson Timmons Senator Newbill of the 56th moved that Senator Clay of the 37th be excused from the Senate today due to his mother's illness. On the motion, the yeas were 36, nays 0; the motion prevailed, and Senator Clay of the 37th was excused from the Senate today. Senator Baldwin of the 29th moved that Senator Edge of the 28th be excused from the Senate today due to illness. On the motion, the yeas were 33, nays 0; the motion prevailed, and Senator Edge of the 28th was excused from the Senate today. Senator Phillips of the 9th introduced the chaplain of the day, Reverend Robert Woodall, pastor of Mt. Park First Baptist Church, Stone Mountain, 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 February 19, 1991 TWENTY-FOURTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) *HB 647 Garner, 30th Moye, 34th A bill to provide for the creation of one or more community improvement districts in Douglas County. (SUBSTITUTE) HB 655** Steinberg, 42nd Walker, 43rd Tysinger, 41st TUESDAY, FEBRUARY 19, 1991 797 Burton, 5th Henson, 55th A bill to create the City of DeKalb Study Commission. HB 665 Coleman, 1st Alien, 2nd Hammill, 3rd A bill to provide for the residency requirements for the Mayor and Aldermen of the City of Savannah. HB 667 Baldwin, 29th A bill to provide for the appointment of a mayor pro tempore for the town of Gay in Meriwether County. HB 685 Ragan, 10th A bill to change the compensation provision relating to the judge of the State Court of Decatur County. SB 332 Thompson, 33rd A bill to change the corporate limits of the City of Powder Springs; to change the provisions relating to organizational meetings; to change the provisions relating to the removal of the city manager and severance pay; to change provisions relating to the veto power of the mayor. THE FOLLOWING OBJECTIONS WERE RECORDED: HB 655** Senators Tysinger of the 41st, Burton of the 5th, Steinberg of the 42nd and Walker of the 43rd requested, as provided for in Senate Rule 113, that HB 655 be moved to the Senate Local Contested Calendar; the request was granted, and HB 655 was placed on the Senate Local Contested Calendar for today. The substitute to the following bill was put upon its adoption: *HB 647: The Senate Committee on Urban and County Affairs offered the following substitute to HB 647: A BILL To be entitled an Act to provide for the creation of one or more community improve ment districts in Douglas County; to provide for a short title; to provide for the purposes of said districts; to provide for definitions; to provide for the administration of said districts by the governing authority of Douglas County; to provide for taxes, fees, and assessments; to provide for the boundaries of said districts; to provide for the debt of said districts; to pro vide for cooperation with local governments; to provide for the powers of said districts; to provide for general obligation bonds, notes, and other obligations of said districts; to provide for exchange and transfer, certificate of validation, specification of interest rates in notice to district attorney or Attorney General, and in notice of validation hearing; to provide for the form of bonds and the definition of the terms "cost of project" and "cost of any project" as used in bond resolutions and elsewhere; to provide for authorized contents of agreements and instruments of the board generally and use of proceeds of the sale of bonds, notes, and other obligations and the subsequent issues of bonds, notes, and other obligations; to pro vide for construction; to provide that Chapter 5 of Title 10 of the Official Code of Georgia Annotated, the "Georgia Securities Act of 1973," shall not apply to the offer, sale, or issu- 798 JOURNAL OF THE SENATE ance of the districts' notes or other obligations; to provide that no notice, proceeding, publi cation, or referendum shall be required; to provide the procedures connected with the fore going; 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. Short title. This Act shall be known as the "Douglas County Community Improvement Districts Act." Section 2. Purpose. The purpose of this Act shall be to provide for the creation of one or more community improvement districts within Douglas County and each municipality therein, and such districts shall be created for the provision of such of the following govern mental services and facilities as may be provided for in the resolution activating each dis trict created pursuant to this Act or any supplemental resolution amending the same: (1) Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads; (2) Parks and recreational areas and facilities; (3) Storm water and sewage collection and disposal systems; (4) Development, storage, treatment, purification, and distribution of water; (5) Public transportation; (6) Terminal and dock facilities and parking facilities; and (7) Such other services and facilities as may be provided for by general law. Section 3. Definitions. As used in this Act, the term: (1) "Agricultural" means the growing of crops for sale or raising of animals for sale or use, including the growing of field crops, fruit or nut trees, the raising of livestock or poul try, and the operation of dairies, horse-boarding facilities, and riding stables. (2) "Board" means the governing authority of Douglas County. (3) "Bonds" or "general obligation bonds" means any bonds of a district which are authorized to be issued under the Constitution and laws of Georgia, including refunding bonds but not including notes or other obligations of a district. (4) "Cost of the project" or "cost of any project" means and includes: (A) All costs of acquisition (by purchase or otherwise), construction, assembly, installa tion, modification, renovation, or rehabilitation incurred in connection with any project or any part of any project; (B) All costs of real property, fixtures, or personal property used in or in connection with or necessary for any project or for any facilities related thereto, including, but not limited to, the cost of all land, estates for years, easements, rights, improvements, water rights, connections for utility services, fees, franchises, permits, approvals, licenses, and cer tificates; the cost of securing any such franchises, permits, approvals, licenses or certificates; and the cost of preparation of any application therefor and the cost of all fixtures, machin ery, equipment (including all transportation equipment and rolling stock), furniture, and other property used in or in connection with or necessary for any project; (C) All other financing charges and loan fees and all interest on bonds, notes, or other obligations of a district which accrue or are paid prior to and during the period of construc tion of a project and during such additional period as the board may reasonably determine to be necessary to place such project in operation; (D) All costs of engineering, surveying, and architectural and legal services and all ex penses incurred by engineers, surveyors, architects, and attorneys in connection with any project; (E) All expenses for inspection of any project; TUESDAY, FEBRUARY 19, 1991 799 (F) All fees of fiscal agents, paying agents, and trustees for bondholders under any trust agreement, indenture of trust, or similar instrument or agreement; all expenses incurred by any such fiscal agents, paying agents, and trustees; and all other costs and expenses incurred relative to the issuances of any bonds, notes, or other obligations for any project; (G) All expenses of or incidental to determining the feasibility or practicability of any project; (H) All costs of plans and specifications for any project; (I) All costs of title insurance and examinations of title with respect to any project: (J) Repayment of any loans made for the advance payment of any part of any of the foregoing costs, including interest thereon and any other expenses of such loans; (K) Administrative expenses of the board and such other expenses as may be necessary or incidental to any project or the financing thereof or the placing of any project in opera tion; and (L) The establishment of a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, or such other funds or reserves as the board may approve with respect to the financing and operation of any project and as may be authorized by a bond resolution, trust agreement, indenture of trust, or similar instrument or agreement pursuant to the provisions of which the issuance of any bonds, notes, or other obligations of the district may be authorized. Any cost, obligation, or expense incurred for any of the foregoing purposes shall be a part of the cost of the project and may be paid or reimbursed as such out of proceeds of bonds, notes, or other obligations issued by the district. (5) "District" means the geographical area designated as such by the resolution of the governing body consenting to the creation of the community improvement district or as thereafter modified by any subsequent resolution of the governing body within which the district is or is to be located as the context requires or permits. (6) "Equitably apportioned among the properties subject to such taxes, fees, and assess ments according to the need for governmental services and facilities created by the degree of density of development of each such property," with reference to taxes, fees, and assess ments levied by the board, means that the burden of the taxes, fees, and assessments shall be apportioned among the properties subject thereto based upon the values established in the most recent ad valorem tax reassessment of such properties certified by the chairman of the Douglas County Board of Tax Assessors. (7) "Forestry" means the planting and growing of trees for sale in a program which includes reforestation of harvested trees, regular underbrush and undesirable growth clear ing, fertilizing, pruning, thinning, cruising, and marking which indicate an active tree-farm ing operation; it does not include the casual growing of trees on land otherwise idle or held for investment, even though some harvesting of trees may occur thereon. (8) "Project" means the acquisition, construction, installation, modification, renovation, or rehabilitation of land, interests in land, buildings, structures, facilities, or other improve ments located or to be located within the district, and the acquisition, installation, modifica tion, renovation, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential pub lic purposes set forth in Section 2 of this Act. (9) "Property owner" or "owner of real property" means any entity or person shown as a taxpayer for one or more parcels of real estate on the most recent ad valorem tax records of Douglas County. Multiple owners of one parcel shall constitute one property owner and shall designate in writing one of their number to represent the whole. (10) "Property used nonresidentially" means property used for neighborhood shopping, planned shopping center, general commercial, tourist services, office or institutional, office 800 JOURNAL OF THE SENATE services, light industry, heavy industry, central business district, or other commercial or business use which does not not include residential. (11) "Taxpayer" means any entity or person paying ad valorem taxes on real property, whether on one or more parcels of property within the district. Multiple owners of one par cel shall constitute one taxpayer and shall designate in writing one of their number to re present the whole. Section 4. Creation; project specifications; conflicts of interest. Pursuant to Article IX, Section VII of the Constitution of the State of Georgia, there is created one or more commu nity improvement districts to be located in Douglas County, Georgia, wholly within the un incorporated area thereof, each of which shall be activated upon compliance with the condi tions hereinafter provided, and which shall be governed by a board as hereinafter constituted. The conditions for such activation shall be: (1) The adoption of a resolution consenting to the creation of each community improve ment district by the Douglas County Board of Commissioners; and (2) Written consent to the creation of the community improvement district by: (A) A majority of the owners of real property within the community improvement dis trict which will be subject to taxes, fees, and assessments levied by the board of the commu nity improvement district; and (B) The owners of real property within the community improvement district which con stitutes at least 75 percent by value of all real property within the community improvement district which will be subject to taxes, fees, and assessments levied by the board of the community improvement district; and for this purpose value shall be determined by the most recently approved county ad valorem tax digest. The written consents provided for above shall be submitted to the Douglas County tax commissioner who shall certify whether subparagraphs (A) and (B) of paragraph (2) of this subsection have been satisfied with respect to each such proposed district. No district cre ated under this Act shall transact any business or exercise any powers under this Act until the foregoing conditions are met. A copy of such resolutions shall be filed with the Secretary of State, who shall maintain a record of all districts activated under this Act, and with the Department of Community Affairs. Section 5. Taxes, fees, and assessments, (a) The board may levy taxes, fees, and assess ments within the district only on real property used nonresidentially, specifically excluding property exempt from ad valorem taxation under the Constitution or laws of the State of Georgia and all property used for residential, agricultural, or forestry purposes and specifi cally excluding tangible personal property and intangible property. The taxes, fees, and as sessments levied by the board shall be equitably apportioned among the properties subject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such property. The pro ceeds of taxes, fees, and assessments levied by the board shall be used only for the purpose of providing governmental services and facilities which are specially required by the degree of development within the district and not for the purpose of providing those governmental services and facilities provided to the county or the municipality as a whole. Any tax, fee, or assessment so levied shall be collected by Douglas County. Delinquent taxes shall bear the same interest and penalties as Douglas County ad valorem taxes and may be enforced and collected in the same manner. The proceeds of taxes, fees, and assessments so levied, less a fee to cover the costs of collection thereof, shall be expended by the board only for the purposes authorized by this Act. (b) The board shall levy the taxes provided in subsection (a) of this section between January 1 and October 1 each calendar year and notify in writing the collecting authority by October 15 each year so they may include the levy on their regular ad valorem tax bills. (c) If, but for this provision, a parcel of real property is removed from a district or otherwise would become nontaxable, it shall continue to bear its tax millage then extant TUESDAY, FEBRUARY 19, 1991 801 upon such event, for bonded indebtedness of the district then outstanding, until said bonded indebtedness then outstanding is paid or refunded. Section 6. Boundaries of the districts, (a) The boundaries of each district shall be as designated as such by the Board of Commissioners of Douglas County wholly within the unincorporated area of Douglas County as set forth in the resolutions required in Section 4 of this Act, or as may thereafter be added as provided by this Act. (b) The boundaries of a district may be increased after the initial creation of a district with the following: (1) Written consent of: (A) A majority of the owners of real property within the area sought to be annexed into the community improvement district which will be subject to taxes, fees, and assessments levied by the board; and (B) The owners of the real property within the area sought to be annexed into the community improvement district which constitutes at least 75 percent by value of all real property within the area sought to be annexed into the community improvement district which will be subject to taxes, fees, and assessments levied by the board of the community improvement district; and for this purpose value shall be determined by the most recently approved county ad valorem tax digest; and (2) The adoption of a resolution consenting to the annexation by the board. Section 7. Debt. Each district may incur debt without regard to the requirements of Section V of Article IX of the Constitution of Georgia, or any other provision of law prohib iting or restricting the borrowing of money or the creation of debt by political subdivisions of the State of Georgia, which debt shall be backed by the full faith, credit, and taxing power of the district but shall not be an obligation of the State of Georgia or any other unit of government of the State of Georgia other than the district. Section 8. Cooperation with local governments. The services and facilities provided pur suant to this Act shall be provided for in a cooperation agreement executed jointly by the governing authority of Douglas County and any lawfully constituted authorities within which the district is partially located. The provisions of this section shall in no way limit the authority of Douglas County or any such municipality to provide services or facilities within the district; and Douglas County or such municipalities shall retain full and complete au thority and control over any of their facilities located within their respective areas of any district. Said control shall include but not be limited to the modification of, access to, and degree and type of services provided through or by facilities of the municipality or county. Nothing contained in this section shall be construed to limit or preempt the application of any governmental laws, ordinances, resolutions, or regulations to the district or the services or facilities provided therein. Section 9. Powers, (a) The governing authority of Douglas County shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this Act, including, without limiting the generality of the foregoing, the power: (1) To bring and defend actions; (2) To adopt and amend a community improvement district; (3) To make and execute contracts, agreements, and other instruments necessary or convenient to exercise the powers of the board or to further the public purposes for which the district is created, including, but not limited to, contracts for construction of projects, leases of projects, contracts for sale of projects, agreements for loans to finance projects, and contracts with respect to the use of projects; (4) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character, or any interest therein, in furtherance of the public purposes of the district; 802 JOURNAL OF THE SENATE (5) To finance (by loan, grant, lease, or otherwise), construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, in stall, sell, equip, expand, add to, operate, or manage projects and to pay the cost of any project from the proceeds of bonds, notes, or other obligations of the district or any other funds of the district, or from any contributions or loans by persons, corporations, partner ships (whether limited or general), or other entities all of which the board is authorized to receive, accept, and use; (6) To borrow money to further or carry out its public purposes and to execute bonds; notes; other obligations; leases; trust indentures; trust agreements; agreements for the sale of its bonds, notes, or other obligations; loan agreements; security agreements; assignments; and such other agreements or instruments as may be necessary or desirable, in the judgment of the board, to evidence and to provide security for such borrowing; (7) To issue bonds, notes, or other obligations of the district and use the proceeds thereof for the purpose of paying all or any part of the cost of any project and otherwise to further or carry out the public purposes of the district and to pay all costs of the board incidental to, or necessary and appropriate to, furthering or carrying out such purposes; (8) To make application directly or indirectly to any federal, state, county, or municipal government or agency or to any other source, whether public or private, for loans, grants, guarantees, or other financial assistance in furtherance of the district's public purposes and to accept and use the same upon such terms and conditions as are prescribed by such fed eral, state, county, or municipal government or agency or other source; (9) To enter into agreements with the federal government or any agency thereof to use the facilities or services of the federal government or any agency thereof in order to further or carry out the public purposes of the district; (10) To contract for any period, not exceeding 50 years, with the State of Georgia, state institutions, or any municipal corporation, county, or political subdivision of this state for the use by the district of any facilities or services of the state or any such state institution, municipal corporation, county, or political subdivision of this state, or for the use by any state institution or any municipal corporation, county, or political subdivision of the state of any facilities or services of the district, provided that such contracts shall deal with such activities and transactions as the district and any such political subdivision with which the district contracts are authorized by law to undertake; (11) To receive and use the proceeds of any tax levied by any county or any municipal corporation to pay the costs of any project or for any other purpose for which the board may use its own funds pursuant thereto; (12) To receive and administer gifts, grants, and devises of money and property of any kind and to administer trusts; (13) To use any real property, personal property, or fixtures or any interest therein or to rent or lease such property to or from others or make contracts with respect to the use thereof or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner as it deems to be in the best advantage of the district and the public purposes thereof; (14) To appoint, select, and employ engineers, surveyors, architects, urban or city plan ners, fiscal agents, attorneys, and others and to fix their compensation and pay their expenses; (15) To encourage and promote the improvement and development of the district and to make, contract for, or otherwise cause to be made long-range plans or proposals for the district in cooperation with Douglas County and any municipal corporations; (16) To exercise any power granted by the laws of this state to public or private corpo rations which is not in conflict with the public purposes of the district; and TUESDAY, FEBRUARY 19, 1991 803 (17) To do all things necessary or convenient to carry out the powers conferred in this Act. (b) The powers enumerated in subsection (a) of this section are cumulative of and in addition to those powers enumerated herein and elsewhere in this Act; and no such power limits or restricts any other power of the board. Section 10. Bonds--Generally, (a) Notes or other obligations issued by a district other than general obligation bonds shall be paid solely from the property pledged to pay such notes or other obligations. General obligation bonds issued by any district shall constitute a general obligation of the district to the repayment of which the full faith and credit and taxing power of the district shall be pledged. (b) All bonds, notes, and other obligations of any district shall be authorized by a reso lution of its board adopted by a majority vote of the board members at a regular or special meeting. (c) Bonds, notes, or other obligations shall bear such date or dates, shall mature at such time or times (not more than 40 years from their respective dates), shall bear interest at such rate or rates (which may be fixed or may fluctuate or otherwise change from time to time), shall be subject to redemption on such terms, and shall contain such other terms, provisions, covenants, assignments, and conditions as the resolution authorizing the issuance of such bonds, notes, or other obligations may permit or provide. The terms, provisions, covenants, assignments, and conditions contained in or provided or permitted by any resolu tion of the board authorizing the issuance of such bonds, notes, or other obligations shall bind the board members then in office and their successors. (d) The board shall have power from time to time and whenever it deems it expedient to refund any bonds by the issuance of new bonds, whether or not the bonds to be refunded have matured, and may issue bonds partly to refund bonds then outstanding and partly for any other purpose provided for in this Act. The refunding bonds may be exchanged for the bonds to be refunded, with such cash adjustments as may be agreed upon, or may be sold and the proceeds applied to the purchase or redemption of the bonds to be refunded. (e) There shall be no limitation upon the interest rates or any maximum interest rate or rates on any bonds, notes, or other obligations of the district; and the usury laws of this state shall not apply to bonds, notes, or other obligations of these districts. (f) Bonds issued by a district may be in such form, either coupon or fully registered, or both coupon and fully registered, and may be subject to such exchangeability and transferability provisions as the bond resolution authorizing the issuance of such bonds or any inden ture or trust agreement may provide. (g) Bonds shall bear a certificate of validation. The signature of the clerk of the Supe rior Court of Douglas County shall be made on the certificate of validation of such bonds by facsimile or by manual execution, stating the date on which such bonds were validated; and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court in this state. (h) In lieu of specifying the rate or rates of interest which such bonds are to bear and the principal amount and maturities of such bonds, the notice to the district attorney or the Attorney General, the notice to the public of the time, place, and date of the validation hearing, and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest (which may be fixed or may fluctuate or otherwise change from time to time) and that the principal amount will not exceed and the final maturity date will not be later than as specified in such notices and petition and complaint or may state that, in the event the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate (which may be fixed or may fluctuate or otherwise change from time to time) so specified; provided, however, that nothing in this section shall be construed as prohibiting or restricting the right to sell such bonds at a discount, even if in doing so the effective 804 JOURNAL OF THE SENATE interest cost resulting therefrom would exceed the maximum per annum interest rate speci fied in such notices and in the petition and complaint. (i) The terms "cost of the project" and "cost of any project" shall have the meaning prescribed in this Act whenever those terms are referred to in bond resolutions, in bonds, notes, or other obligations of the district, or in notices or proceedings to validate such bonds, notes, or other obligations of a district. Section 11. Authorized Contents of Agreements and Instruments of the Board Gener ally; Use of Proceeds of Sale of Bonds, Notes, and other Obligations; Subsequent Issues of Bonds, Notes, and other Obligations, (a) Subject to the limitations and procedures provided by this section and by Section 10 of this Act, the agreements or instruments executed may contain such provisions not inconsistent with law as shall be determined by the board. (b) The proceeds derived from the sale of all bonds, notes, and other obligations issued by a district shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted in this Act, all or part of the cost of any project, or for the purpose of re funding any bonds, notes, or other obligations issued in accordance with this Act. (c) Issuance of one or more series of bonds, notes, or other obligations for one or more purposes shall not preclude issuance of other bonds, notes, or other obligations in connec tion with the same project or with any other projects; but the proceeding wherein any subse quent bonds, notes, or other obligations are issued shall recognize and protect any prior loan agreement, security agreement, or other agreement or instrument made for any prior issue of bonds, notes, or other obligations, unless in the resolution authorizing such prior issue the right is expressly reserved to the board to issue subsequent bonds, notes, or other obliga tions on a parity with such prior issue. Section 12. Construction; Applicability of Chapter 5 of Title 10 of the Official Code of Georgia Annotated, known as the "Georgia Securities Act of 1973"; Notice, Proceeding, Publication, Referendum. This Act shall be liberally construed to effect the purposes hereof. The offer, sale, or issuance of bonds, notes, or other obligations by a district shall not be subject to regulation under Chapter 5 of Title 10 of the Official Code of Georgia Annotated, known as the "Georgia Securities Act of 1973." No notice, proceeding, or publication except those required by this Act shall be necessary to the performance of any act authorized by this Act, nor shall any such act be subject to referendum. Section 13. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 14. Repealer. 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. 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, except HB 655, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Coleman Collins Dawkins Deal Dean Echols Egan English Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins TUESDAY, FEBRUARY 19, 1991 805 Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate Taylor Thompson Turner Tysinger Those not voting were Senators: Clay (excused) Edge (excused) Foster Timmons Walker of 22nd Walker of 43rd White 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 655 and HB 647, having received the requisite constitutional majority, were passed. HB 647, having received the requisite constitutional majority, was passed by substitute. HB 655 was moved to the Senate Local Contested Calendar for today. SENATE LOCAL CONTESTED CALENDAR February 19, 1991 TWENTY-FOURTH LEGISLATIVE DAY The following local bill of the House, having been favorably reported by the committee and moved to the Senate Local Contested Calendar for today pursuant to Senate Rule 113, was put upon its passage: HB 655.** By Representatives Alford of the 57th, Baker of the 51st, Teper of the 46th and others: A bill to create the City of DeKalb Study Commission. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Coleman Collins Dawkins Deal Dean Echols Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ramsey Ray Robinson Scott 806 JOURNAL OF THE SENATE Shumake Starr Steinberg Tate Thompson Turner Walker of 43rd White Voting in the negative were Senators Burton and Tysinger. Those not voting were Senators: Clay (excused) Edge (excused) Newbill Ragan of 32nd Taylor Timmons Walker of 22nd On the passage of the bill, the yeas were 47, nays 2. The bill, having received the requisite constitutional majority, was passed. SENATE RULES CALENDAR Tuesday, February 19, 1991 TWENTY-FOURTH LEGISLATIVE DAY SB 328 Quality Basic Education--provisions on procedures, policies to assess effective ness (Amendment) (Ed--45th) SB 283 Juvenile Proceedings--provisions on freedom restraints prior to adjudication (YA&HE--49th) SB 200 County Elected Officers, Chairmen--minimum salaries (Substitute) (U&CA G--27th) SB 213 Nursing Homes with Deficiencies--Department of Human Resources provide lists (Substitute) (YA&HE--42nd) SB 201 Adjusted School Property Tax Digest--ratio determination (Substitute) (F&PU--49th) SB 199 Veterans' Drivers' Licenses--veterans qualifying (D&VA--26th) SB 217 Quality Basic Education--high school programs as comparison for instructional programs' cost (Substitute) (Ed--45th) SB 281 Hospital Authority--certain assistance for non-profit medical services (H&HS--44th) SB 176 Certain State Officials--method for annual reports to General Assembly (Judy--46th) SB 311 General Laws, Statutes--add agriculture, crop definitions (Substitute) (Ag--21st) SB 238 Continuances--when counsel absent due to armed forces service (Judy--49th) SB 287 Equine Professionals--immunity from liability (Ag--49th) SR 168 Federal Communications Commission--urge regulate use of ADAD equipment regarding long-distance calls (Amendment) (F&PU--42nd) SB 282 Organized Militia--Governor order members to certain state active duty (D&VA--7th) SB 289 "911" Service--designate answering point within certain counties (F&PU--llth) SB 31 Student Finance Authority--full tuition scholarships (Substitute) (Amendment) (H Ed--33rd) Respectfully submitted, /s/ Nathan Dean of the 31st, Chairman Senate Rules Committee TUESDAY, FEBRUARY 19, 1991 807 The following resolution of the Senate was taken up for the purpose of considering the House substitute thereto: SR 67. By Senator Shumake of the 39th: A resolution authorizing the conveyance of certain state owned real property lo cated in Fulton County, Georgia, to Georgia Power Company and the acceptance of certain real property owned by Georgia Power Company located in Fulton County, Georgia, in consideration therefor; to provide an effective date. The House substitute to SR 67 was as follows: A RESOULTION Authorizing the conveyance of certain state owned real property located in Fulton County, Georgia, to Georgia Power Company and the acceptance of certain real property owned by Georgia Power Company located in Fulton County, Georgia, in consideration therefor; authorizing the grant of a nonexclusive easement for operation and maintenance of an electrical power transmission line in, on, over, under, upon, across, or through property owned by the State of Georgia in Atlanta, Fulton County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS: (1) The State of Georgia is the owner of approximately .05 of one acre of real property lying at the intersection of Simpson and Mangum Streets in Fulton County, Georgia; (2) Custody of the subject state owned real property is vested in the Department of Industry, Trade, and Tourism; (3) Georgia Power Company is the owner of property of equal value within the bound ary of the Georgia World Congress Center Expansion site, more particularly described by a plat of survey prepared by a Georgia registered land surveyor on file in the office of the State Properties Commission; (4) The Georgia World Congress Center; the Department of Industry, Trade, and Tour ism; and Georgia Power Company are desirous of exchanging the above-described tracts; (5) The Georgia Power owned property and state owned property contemplated in this resolution are shown on a drawing, outlined in red, on file in the office of the State Proper ties Commission; and (6) The exchange of the aforedescribed tracts or parcels of real property would be bene ficial both to the State of Georgia and Georgia Power Company and would be in the public interest; and WHEREAS: (1) 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 District of Fulton County, Georgia, and being more particularly designated as Tracts 136 and 132 as shown on sheets one through three of a certain plat of survey recorded at Plat Book 159, pages 136 through 138 of Fulton County records; Tracts 228C and 229C as shown on sheet nine of eighteen sheets of a certain plat of survey recorded at Plat Book 168, pages 37 through 54, Fulton County records (the plats indicating the easement area are on file in the office of the State Properties Commission); (2) Georgia Power Company needs to construct and maintain an electrical power trans mission line within a portion of Tracts 136, 132, 228C, and 229C which will serve the Geo. L. Smith II Georgia World Congress Center; and (3) All of the above-referenced tracts of land are in the custody of the Department of Industry, Trade, and Tourism. 808 JOURNAL OF THE SENATE NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL AS SEMBLY OF GEORIGA: ARTICLE I Section 1. (a) That, in all matters relating to the conveyance of the hereindescribed state owned real property and the acceptance of the hereindescribed Georgia Power Com pany owned real property, 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 by appropriate instrument to Georgia Power Com pany the hereinabove described state owned property located at the intersection of Simpson and Mangum Streets and to accept in consideration therefor from Georgia Power Company the hereinabove described Georgia Power owned property. (c) That the State Properties Commission is authorized to do all acts and things neces sary and proper to effect such exchange. (d) That such conveyance and acquisition shall be upon such other terms and condi tions as may be prescribed by the State Properties Commission. (e) That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Fulton County and a recorded copy shall be forwarded to the State Properties Commission. (f) That the authorization in this section to convey the above-described property to Georgia Power Company shall expire three years after the date that this resolution becomes effective. ARTICLE II Section 2. (a) That the State of Georgia is the owner of the hereinafter described real property, hereinafter referred to as the "easement area," and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Com mission. The state owned real property is described as follows: 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 District of Fulton County, Georgia, and being more particularly designated as Tracts 136 and 132 as shown on sheets one through three of a certain plat of survey recorded at Plat Book 159, pages 136 through 138 of Fulton County records; Tracts 228C and 229C as shown on sheet nine of eighteen sheets of a certain plat of survey recorded at Plat Book 168, pages 37 through 54, Fulton County records (the plats indicating the easement area are on file in the office of the State Properties Commission). (b) That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company or its successors or assigns a nonexclusive easement for the construction, operation, and maintenance of an electrical power transmission line in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing an electrical power transmission line, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Fulton County as described above. (c) That the above-described premises shall be used solely for the purpose of installing, maintaining, repairing, replacing, inspecting, and operating said electrical power transmis sion line. (d) That, after Georgia Power Company has constructed and put into use the electrical power transmission line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia or its successors and assigns of all the rights, title, privileges, powers, and easement granted in this section. Upon abandon ment, Georgia Power Company or its successors and assigns shall have the option of remov- TUESDAY, FEBRUARY 19, 1991 809 ing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns. (e) That no title shall be conveyed to Georgia Power Company and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company. (f) That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated in order to avoid interference with the state's use or intended use of the ease ment area, Georgia Power Company shall remove or relocate its facilities at its sole cost and expense, provided another easement location is granted by the State of Georgia, acting by and through its State Properties Commission. (g) That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia. (h) That the consideration for such easement shall be $650.00 and upon such further consideration and provision as the State Properties Commission may determine to be in the best interest of the State of Georgia. (i) 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. (j) That the grant of easement shall be recorded by the Grantee in the Superior Court of Fulton County and a recorded copy shall be forwarded to the State Properties Commission. (k) That the authorization in this section to grant the above-described easement to Georgia Power Company shall expire three years after the date that this resolution becomes effective. ARTICLE III Section 3. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4. That all laws and parts of laws in conflict with this resolution are repealed. Senator Shumake of the 39th moved that the Senate agree to the House substitute to SR 67. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Broun Burton Coleman Collins Dawkins Deal Dean Echols Egan English Foster Garner Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake 810 JOURNAL OF THE SENATE Starr Steinberg Tate Taylor Thompson Turner Tysinger Walker of 43rd White Those not voting were Senators: Bowen Clay (excused) Edge (excused) Gillis Phillips Pollard Timmons Walker of 22nd On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 67. 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 Senate: SB 98. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Part 4 of Article 6 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Stone Mountain Memorial Association, so as to add two members to the association; to change provisions relating to the selec tion and terms of service of members; to provide an effective date. The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage: SB 328. By Senators Dawkins of the 45th, Taylor of the 12th, Robinson of the 16th and Foster of the 50th: A bill to amend Part 12 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to effectiveness of educational programs under the "Quality Basic Education Act," so as to change provisions relating to instru ments, procedures, and policies necessary to assess effectiveness; to provide for types of assessments and their implementation and use. Senators Tysinger of the 41st and Walker of the 43rd offered the following amendment: Amend SB 328 by striking on page 2, line 2 following the word "administered": "by matrix sample"; And by adding on page 2, line 5 following the word "assessments": "combined curriculum-based assessment and nationally norm-referenced instruments". On the adoption of the amendment offered by Senators Tysinger of the 41st and Walker of the 43rd, Senator Dawkins of the 45th called for the yeas and nays; the call was sustained, and the vote was as follows: Those voting in the affirmative were Senators: Alien Baldwin Bishop Burton Henson Hooks Langford Phillips Ragan of 10th Ragan of 32nd Steinberg Tate TUESDAY, FEBRUARY 19, 1991 811 Tysinger Walker of 22nd Walker of 43rd Those voting in the negative were Senators: Albert Bowen Broun Coleman Colons Dawkms DDeeaaln Echols Egan English Foster Garner Gillis Hammill Harris Hasty Hill Huggms JKoihdndson Marable Moye Newbill Olmstead Perdue Perry Pollard Ramsey j^ay Robinson c ,, f ,,, umak. e btarr Taylor Thompson Turner White Those not voting were Senators: Clay (excused) Edge (excused) Timmons On the adoption of the amendment, the yeas were 15, nays 38, 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 Alien Baldwin Bishop Bowen Broun Burton CCoollleimnsan DDaeawl kins Dean Echols Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggms JKoihdndson LMaanrgafbolred Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 32nd Ramsey Ray Robinson gcott Shumake Starr cSt, ei.nb, erg iT,ayl,or Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Clay (excused) Edge (excused) Ragan of 10th On the passage of the bill, yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed. 812 JOURNAL OF THE SENATE Senator Coleman of the 1st introduced the doctor of the day, Dr. Robert S. Balsley, of Savannah, Georgia. Senator Hill of the 4th introduced Mr. Ben Nessmith of Statesboro, Georgia, who was recognized by SR 132, adopted previously, as 1990-1991 national Future Farmers of America (FFA) southern region vice president. The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage: SB 283. By Senators Deal of the 49th and Scott of the 36th: A bill to amend Article 1 of Chapter 11 of Title 15, relating to juvenile proceed ings, so as to revise certain provisions concerning the imposition of restraints on the freedom of accused juveniles prior to adjudication. The report of the committee, which was favorable to the passage of the bill, was agreed to. On 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 Bishop Bowen Broun Burton Coleman Collins Dawkins Deal Dean Echols Egan English Foster Garner Gillis Hammill Harris Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Steinberg Taylor Thompson Timmons Tysinger Walker of 22nd White Those not voting were Senators: Alien Clay (excused) Edge (excused) Hasty Starr Tate Turner Walker of 43rd On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. The following local bill of the Senate was taken up for the purpose of considering the House amendment thereto: SB 64. By Senator Kidd of the 25th: A bill to amend an Act establishing a new charter for the City of Milledgeville, as amended, so as to change the compensation of the mayor and aldermen of said city. TUESDAY, FEBRUARY 19, 1991 813 The House amendment was as follows: Amend SB 64 as follows: On page 1, line 15, delete the figure "$650.00" and insert in lieu thereof the figure "$525.00". Senator Kidd of the 25th moved that the Senate disagree to the House amendment to SB 64. On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to SB 64. The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage: SB 200. By Senator Harris of the 27th: A bill to amend Article 2 of Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to county governing authorities, so as to provide minimum salaries for full-time chairmen of county governing authorities and elected chief executive officers; to provide for cost-of-living adjustments and other adjust ments to salaries of members of the county governing authorities and elected chief executive officers; to provide exceptions. The Senate Committee on Urban and County Affairs offered the following substitute to SB 200: A BILL To be entitled an Act to amend Article 2 of Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to county governing authorities, so as to provide for adjust ments to salaries of members of the county governing authorities and elected chief executive officers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to county governing authorities, is amended by inserting a new Code Section 36-526 to read as follows: "36-5-26. (a) Whenever the employees in the classified service of the state merit system receive a cost-of-living increase of a certain percentage, the amounts fixed by local Act of the General Assembly as the salary of the members of each county governing authority as defined in paragraph (7) of Code Section 1-3-3 and any elected chief executive officer of the county shall be increased by the same percentage applicable to such state employees. If the cost-of-living increase received by state employees is in different percentages as to certain categories of employees, the amounts fixed as salary by local Act shall be increased by a percentage equal to the average percentage of the general increase in salary granted to the state employees. If the cost-of-living increase received by employees of the classified service of the state merit system is calculated in whole or part as a specified amount rather than as a percentage increase, each member of a county governing authority shall be entitled to an increase equal to the percentage increase in the sheriffs salary accorded by subsection (a) of Code Section 15-16-20. The Office of Planning and Budget shall calculate the average per centage increase when necessary. The periodic changes in the salaries otherwise fixed by local Act shall become effective six months following the date that the cost-of-living in creases received by state employees become effective. (b) The amounts provided in subsection (a) of this Code section shall be increased by 5 percent for each four-year term of office served by any member of a county governing au- 814 JOURNAL OF THE SENATE thority or elected chief executive officer of a county after December 31, 1988, figured at the end of each such period of service. (c) The provisions of subsection (a) of this Code section shall not apply to a member of a county governing authority whose salary is governed by Code Section 36-5-25." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 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: Alien Baldwin BCoTMlem" an Harris Hooks Johnson Kidd Langford Move Perdue Ragan of 10th Ragan of 32nd Ramsey Scott Starr Tate Timmons Walker of 43rd Those voting in the negative were Senators: Albert Bishop Bowen Burton Collins Dawkins Deal Dean Echols Egan English Foster Garner Gillis Hammill Henson Hill Huggins Marable Newbill Perry Phillips Pollard Ray Robinson Shumake Steinberg Taylor Thompson Turner Tysinger Walker of 22nd White Those not voting were Senators: Clay (excused) Edge (excused) Hasty Olmstead On the passage of the bill, the yeas were 19, nays 33. The bill, having failed to receive the requisite constitutional majority, was lost. Senator Harris of the 27th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SB 200. SB 213. By Senators Steinberg of the 42nd, Johnson of the 47th, Deal of the 49th and others: 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 TUESDAY, FEBRUARY 19, 1991 815 that the Department of Human Resources shall provide lists of nursing homes determined to have certain deficiencies and include sanctions and remedies therefor and to require such nursing homes to provide notices of such deficiencies and other matters to certain persons and entities; to provide for fines. The Senate Committee on Youth, Aging and Human Ecology offered the following sub stitute to SB 213: A BILL To be entitled an Act to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related institutions, so as to provide that the Department of Human Resources shall provide lists of nursing homes determined to have certain deficiencies and include sanctions and remedies therefor and to require such nursing homes to provide notices of such deficiencies and other matters to certain persons and entities; to provide for fines; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related institutions, is amended by striking in its entirety Code Section 31-7-2.1, relating to adoption of rules and regulations, and inserting in its place a new Code section to read as follows: "31-7-2.1. (a) The department shall adopt and promulgate such reasonable rules and regulations which in its judgment are necessary to protect the health and lives of patients and shall prescribe and set out the kind and quality of building, equipment, facilities, and institutional services which institutions shall have and use in order to properly care for their patients. (b) The department shall compile and distribute, upon request, to interested persons a monthly list of those nursing homes and intermediate care homes surveyed, inspected, or investigated during the month, indicating each facility for which deficiencies have been cited by the department, and indicating where reports of the cited deficiencies and informa tion regarding any sanctions imposed can be obtained." Section 2. Said chapter is further amended by adding after Code Section 31-7-3.1 a new Code section to read as follows: "31-7-3.2. (a) A nursing home or intermediate care home licensed under this article shall give notice in the event that such facility has been cited by the department for any deficiency, or combination of deficiencies, which: (1) Places one or more residents at substantial risk of serious physical or mental harm; (2) Has a direct adverse effect on the health, safety, welfare, or rights of residents; or (3) Indirectly, or over a period of more than 30 days, is likely to have an adverse effect on the health, safety, welfare, or rights of residents. (b) A notice required under subsection (a) of this Code section shall be of a size and format prescribed by the department and shall contain the following: (1) A list of each cited deficiency which has resulted in the notice's being required; (2) A description of any actions taken by or of any notices of intent to take action issued by federal or state entities as a result of such cited deficiencies; and (3) The telephone numbers of the state and community long-term care ombudsman programs. 816 JOURNAL OF THE SENATE (c) A notice required by subsection (a) of this Code section shall be posted at the facil ity giving the notice: (1) In an area readily accessible and continuously visible to the facility's residents and their representatives; (2) Within 14 days after the facility receives notification of a cited deficiency which requires the notice; and (3) Until the department has determined such cited deficiencies no longer exist, at which time, upon the request of the facility, the notice may be removed. (d) In the event that the facility previously has been required to have posted notice of the same cited deficiency or deficiencies arising from the same act, occurrence, or omission, and where the facility has complied with such order, this Code section should not be con strued to require the facility to post duplicate notice of such cited deficiency or deficiencies so long as such notice is made in a manner consistent with subsections (b) and (c) of this Code section. (e) In addition to the posted notice required by subsection (c) of this Code section, and notwithstanding subsection (d) of this Code section, a notice, containing the information set forth in subsection (b) of this Code section, shall also be delivered either personally or by mail to: (1) Each resident; and (2) At least one of the following individuals, if known to the facility, for each resident: (A) A legally appointed representative; (B) A person designated by the resident, during his or her stay in the facility, to receive such notice; (C) A member of the resident's immediate family; or (D) If the resident has no immediate family, at least one relative of the resident. Such notice shall be delivered personally or mailed within 14 days after the facility receives notification of a cited deficiency as set forth in subsection (a) of this Code section. Each applicant to a facility shall receive upon application a copy of the most recent notice which has been distributed pursuant to this subsection. The facility may inform the applicant of any corrective actions taken in response to the cited deficiencies contained in such notice. (f) In addition to the availability of any other remedy or sanction provided by state or federal law or regulation, the department may impose fines upon any facility which fails to provide the notices required by this Code section not to exceed $1.50 per bed per day for the first violation and not to exceed $5.00 per bed per day for subsequent violations. This sub section shall be administered in accordance with Chapter 13 of Title 50, the 'Georgia Ad ministrative Procedure Act.' " Section 3. All laws and part 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: Alien Baldwin Bishop Broun Burton Collins Dawkins Deal Dean TUESDAY, FEBRUARY 19, 1991 817 Echols Egan Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Perdue Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson Scott Shumake Starr Steinberg Tate Taylor Thompson Timmons Turner Walker of 43rd White Those voting in the negative were Senators: Bowen Coleman English Perry Ray Tysinger Those not voting were Senators: Albert Clay (excused) Edge (excused) Olmstead Walker of 22nd On the passage of the bill, the yeas were 45, nays 6. The bill, having received the requisite constitutional majority, was passed by substitute. SB 201. By Senators Deal of the 49th and Foster of the 50th: A bill to amend Code Section 48-5-274 of the Official Code of Georgia Annotated, relating to the establishment of equalized adjusted school property tax digest by the state auditor, the establishment and use of average ratio, and the furnishing of information to the State Board of Education, so as to provide that the ratio shall be determined by establishing the ratio of assessed value to sales price for a representative number of parcels of real property title to which was transferred during the two preceding calendar years and by establishing the median ratio of assessed value to sales price for the county as a whole based upon a representa tive number of usable transactions studied. The Senate Committee on Finance and Public Utilities offered the following substitute to SB 201: A BILL To be entitled an Act to amend Code Section 48-5-274 of the Official Code of Georgia Annotated, relating to the establishment of equalized adjusted school property tax digest by the state auditor, the establishment and use of average ratio, and the furnishing of informa tion to the State Board of Education, so as to provide that the ratio shall be determined by establishing the ratio of assessed value to sales price for a representative number of parcels of real property title to which was transferred during a preceding period of time as estab lished by the state auditor and by establishing the average ratio of assessed value to sales price for the county as a whole based upon a representative number of usable transactions studied; to provide that the representative number of parcels of real property used for the study shall not include any parcel title to which was transferred in a non-arms's length sale as defined by the Standard on Assessment-Ratio Studies nor any parcel title to which was transferred in a sale for investment or development purposes and whose sales price is not reflective of current use of said property; to provide that personnel of the Department of 818 JOURNAL OF THE SENATE Audits and Accounts shall use the Standard on Assessment-Ratio Studies; 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 48-5-274 of the Official Code of Georgia Annotated, relating to the establishment of equalized adjusted school property tax digest by the state auditor, the establishment and use of average ratio, and the furnishing of information to the State Board of Education, is amended by striking paragraph (5) of subsection (a) of said Code section in its entirety and inserting in lieu thereof a new paragraph (5) to read as follows: "(5) Establish for each county in the state the average ratio of assessed value to true value of county property subject to taxation for school purposes, excluding railroad equip ment company property. The ratio shall be determined by establishing the ratio of assessed value to sales price for a representative number of parcels of real property title to which was transferred during a preceding period of time, such period to be determined by the state auditor, and by establishing the average ratio of assessed value to sales price for the county as a whole based upon a representative number of usable transactions studied. The repre sentative number of parcels of real property used for the study shall not include any parcel: (A) Title to which was transferred pursuant to the exercise of the power of eminent domain; (B) Title to which was transferred in a non-arm's length sale as defined by the Stan dard on Assessment-Ratio Studies published by the International Association of Assessing Officers or its successors; or (C) Title to which was transferred in a sale for investment or development purposes and whose sales price is not reflective of current use of said property. No single parcel included in the study shall have a sales price which exceeds 10 percent of the total sales price of all parcels included in the study. The state auditor shall supplement realty sales price data available in any county with actual appraisals of a representative number of parcels of farm property and industrial and commercial property located within the county, the title to which was not transferred within the period of time determined by the state auditor. The state auditor may make appraisals on other types of real property located within the county when adequate reliable sales data cannot be obtained on such property. The state auditor shall use the same ratio for other personal property, excluding motor vehicles and bank stock, within the county as is finally determined for real property within the county." Section 2. Said Code section is further amended by striking subsection (b) in its en tirety and inserting in lieu thereof a new subsection (b) to read as follows: "(b) The average ratio of assessed value to true value of county property to be estab lished by the state auditor for the purposes of paragraph (5) of subsection (a) of this Code section shall be established through the use of personnel of the Department of Audits and Accounts who have sufficient competence and expertise by way of education, training, and experience in the fields of property evaluation and appraisal techniques. Personnel of the Department of Audits and Accounts shall use the Standard on Assessment-Ratio Studies published by the International Association of Assessing Officers or its successors to deter mine other unusable transactions and the representative number of parcels and usable transactions necessary to establish accurately the average ratio described in paragraph (5) of subsection (a) of this Code section." Section 3. Said Code section is further amended by striking subparagraph (e) (2) (E) in its entirety and inserting in lieu thereof a new subparagraph (E) to read as follows: "(E) Each member of the board of arbitrators shall take and subscribe to an oath before the state auditor to perform faithfully and impartially the duties required of him in connec tion with the controversy concerning the correctness of the sum of the digest in question and to render his decision on the questions within the time required. Each member of the board of arbitrators shall be paid a sum agreed upon by the Department of Audits and TUESDAY, FEBRUARY 19, 1991 819 Accounts and by the governing authority of the local board of education requesting the arbitration. All costs of arbitration of matters arising under this Code section shall be shared and paid equally by the Department of Audits and Accounts and by the governing authority of the local board of education requesting the arbitration." Section 4. 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 Alien Baldwin Bowen Broun Burton Collins Dawkins Deal Dean Echols Egan Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Bishop Clay (excused) Coleman Edge (excused) English Langford Shumake Steinberg On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. SB 199. By Senators Olmstead of the 26th, Kidd of the 25th and Perry of the 7th: A bill to amend Code Section 40-5-36 of the Official Code of Georgia Annotated, relating to veterans' drivers' licenses. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bowen Broun Burton Collins Dawkins Deal 820 JOURNAL OF THE SENATE Dean Echols Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson Scott Starr Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Bishop Clay (excused) Coleman Edge (excused) Huggins Ray Shumake Steinberg On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 217. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: 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 provide that the high school general education program shall be the base program against which the cost of all other instructional programs shall be compared; to modify the program weights assigned to instructional programs under the Quality Basic Education Formula. The Senate Committee on Education offered the following substitute to SB 217: 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 provide that the high school general education program shall be the base program against which the cost of all other instructional programs shall be compared; to modify the program weights assigned to in structional programs under the Quality Basic Education Formula; to eliminate exceptions to the calculation of the local fair share funds that may be required of any local school system; to change certain minimum expenditure requirements for the middle grades program; to change certain cross-references; to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, so as to change certain cross-references; to provide for other matters relative to the foregoing; to repeal cer tain sections of an Act approved April 4, 1990 (Ga. L. 1990, p. 847), relating to the "Quality Basic Education Act"; 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 subsection (a) of Code Section 20-2-152, relating to special education services, and inserting in its place a new subsection (a) to read as follows: "(a) All children and youth who are eligible for a general and career education program under Code Section 20-2-151 and who have special educational needs shall also be eligible for special education services. Children from birth through four years of age, whose handi- TUESDAY, FEBRUARY 19, 1991 821 capping condition is so severe as to necessitate early education intervention, may be eligible for special education services through programs operated by state schools for the handi capped, the psychoeducational program, or through programs financed with local or federal funds or with funds specifically appropriated by the General Assembly for this purpose. Eligible children and youth are defined as those who have emotional, physical, communica tive, or intellectual deviations, or a combination thereof, to the degree that there is interfer ence with school achievements or adjustments or prevention of full academic attainment and who require modifications or alterations in their educational programs. Special educa tion shall include children who are classified as intellectually gifted, mentally handicapped, behavior disordered, specific learning disabled, orthopedically handicapped, other health impaired, hearing impaired, speech-language disordered, visually impaired, severely emo tionally disturbed, and deaf-blind and who have any other areas of special needs which may be identified. The State Board of Education shall adopt classification criteria for each area of special education to be served on a state-wide basis. The state board shall adopt the criteria used to determine eligibility of students for state funded special education pro grams. The state board shall adopt maximum class sizes by classification of special educa tion pursuant to subsection (i) of Code Section 20-2-182 which are equal to or greater than the class sizes used to develop the program weights as set forth in subsection (b) of Code Section 20-2-161." Section 2. Said article is further amended by striking subsections (a) and (b) of Code Section 20-2-161, relating to the Quality Basic Education Formula, and inserting in their respective places new subsections to read as follows: "(a) The high school general education program is declared to be the base program against which the cost of all other instructional programs shall be compared. The amount of funds needed by each full-time equivalent student in the base program, in order that such program can be sufficiently funded to provide quality basic education to all enrolled stu dents, shall be known as the 'base amount' and shall reflect program components which constitute the program weight for the high school general education program in Code Sec tions 20-2-182 through 20-2-186. 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 Educa tion 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 ............................................. 1.338 (2) Primary grades program (1-3) ...................................... 1.257 (3) Upper elementary grades program (4-5) ............................. 1.016 (4) Middle grades program (6-8) ....................................... 1.019 (5) High school general education program (9-12) ....................... 1.000 (6) High school nonvocational laboratory program (9-12)................. 1.223 (7) Vocational laboratory program (9-12) ............................... 1.343 (8) Program for the handicapped: Category I ........................... 2.270 (9) Program for the handicapped: Category II .......................... 2.612 (10) Program for the handicapped: Category III.......................... 3.307 822 JOURNAL OF THE SENATE (11) Program for the handicapped: Category IV .......................... 5.319 (12) Program for intellectually gifted students: Category V ................ 1.592 (13) Remedial education program ....................................... 1.305" Section 3. Said article is further amended by striking subsection (a) of Code Section 202-164, relating to local fair share funds, and inserting in its place a new subsection (a) to read as follows: "(a) The State Board of Education shall calculate the amount of local fair share funds that each local school system shall be required to spend each fiscal year to support the Quality Basic Education Program; provided, however, that the local fair share for any local school system shall not exceed the amount calculated pursuant to subsection (c) of Code Section 20-2-161. The amount of each local school system's local fair share shall be calcu lated as follows: (1) Multiply the most recent equalized adjusted school property tax digest for the local school system by .4; (2) From the product calculated in paragraph (1) of this subsection deduct the total amount calculated pursuant to subsection (g) of this Code section; and (3) Multiply the remainder calculated in paragraph (2) of this subsection by .005." Section 4. Said article is further amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 20-2-167, relating to the method of computing the total funds needed for direct instructional costs, and inserting in lieu thereof a new paragraph (1) 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 (h) 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 purposes of determining compli ance with the 90 percent expenditure amounts, the separate identification of salary and operational cost portions shall become effective on July 1, 1992. For each local school system which is granted an additional allotment for the midterm adjustment pursuant to Code Sec tion 20-2-162, 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 full-time 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 appropri ate 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 in structional programs which experienced the lower than anticipated full-time equivalent counts; provided, however, 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 TUESDAY, FEBRUARY 19, 1991 823 amounts for direct instructional 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 full-time 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 instructional 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 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." Section 5. Said article is further amended by striking Code Section 20-2-182, relating to the payment of salaries and benefits reflected in program weights, and inserting in its place a new Code Section 20-2-182 to read as follows: "20-2-182. (a) The program weights, when multiplied by the base amount, shall reflect sufficient funds to pay at least the beginning salaries of all teachers needed to provide essen tial classroom instruction in order to ensure a Quality Basic Education Program for all en rolled students, subject to appropriation by the General Assembly. (b) The program weights for the kindergarten program, the primary grades program, and the remedial education program, when multiplied by the base amount, shall reflect suf ficient funds to provide instructional aides to assist teachers; provided, however, that pursu ant 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 program weights for the upper elementary grades (4-5) program and the middle grades (6-8) program, when multiplied by the base amount, shall reflect the cost of providing teachers with clerical assistance 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. (d) The program weight for the middle grades program and the program weights for the high school programs authorized pursuant to paragraph (4) of subsection (b) of Code Sec tion 20-2-151, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries for guidance counselors needed to provide essential guidance services. (e) The program weights for the high school programs authorized pursuant to para graph (4) of subsection (b) of Code Section 20-2-151, when multiplied by the base amount, shall reflect sufficient funds to provide for the development and supervision of an extended day program during the regular school year. Further, said program weights, when multiplied by the base amount, shall reflect sufficient funds to provide teachers with a preparation period free of assigned students. (f) The program weights for the high school nonvocational laboratory program and the vocational laboratory program, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of laboratory supervisors in each program. (g) All program weights, when multiplied by the base amount, shall reflect sufficient funds to pay the cost of sick and personal leave for teachers, payments to teachers for un used sick leave, the employer's portion of costs for membership in the Teachers Retirement System of Georgia and health insurance programs authorized by law, the cost of essential 824 JOURNAL OF THE SENATE instructional materials and equipment needed to operate effectively such instructional pro grams, and the cost of travel required of personnel in order to deliver educational services to enrolled students, subject to appropriation by the General Assembly. The State Board of Education shall withhold from the allotment for each local school system which operates an independent retirement program the amount intended to pay the employer's portion of costs for membership in the Teachers Retirement System of Georgia. The state board shall remit the amount withheld directly to the Teachers Retirement System of Georgia. (h) All program weights, when multiplied by the base amount, shall reflect, whenever they are revised pursuant to subsection (f) 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 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, includ ing days when students are not present at school, 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 be used for activities occurring at any time during the fiscal year outside of an employee's normal contract hours. A local school system shall be authorized to expend up to 15 percent 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 portion 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. (i) The State Board of Education shall adopt for each instructional program authorized pursuant to Part 3 of this article the maximum number of students which may be taught by a teacher in an instructional period. Such maximum class sizes shall be equal to or greater than the class sizes used in the calculation of the program weights as set forth in subsection (b) of Code Section 20-2-161. The number of students taught by a teacher at any time after the first 15 school days of a school year may not exceed the maximum such number unless authorization for a specific larger number is requested of the state board, along with the educational justification for granting the requested exemption, and the state board has ap proved said request. The state board shall not reduce class sizes without the authorization of the General Assembly, if this reduction necessitates added costs for facilities, personnel, and other program needs. Local boards of education may reduce class sizes, build additional facilities, and provide other resources at local cost if such actions are in the best interest of the local school systems' programs as determined by the local boards of education." Section 6. Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, is amended by striking subsections (b) and (c) of Code Section 20-2-850, relating to the accumulation of sick leave and personal leave, and inserting in their respective places new subsections to read as follows: "(b) Any unused sick and personal leave accumulated by personnel pursuant to subsec tion (a) of this Code section shall be credited to such personnel and shall be transferred TUESDAY, FEBRUARY 19, 1991 825 when there is a change in the employment of such personnel from one local board of educa tion to another, but no local board of education shall be required to transfer funds to an other, nor shall the State Board of Education provide funds to a local unit of administration beyond those authorized by subsection (g) of Code Section 20-2-182 to finance the potential or actual cost incurred by a local unit of administration through the employment of person nel transferring accumulated unused sick and personal leave. Any accumulated unused sick and personal leave credited to personnel shall be forfeited if such personnel withdraw from service for a period of 12 or more consecutive months, unless the withdrawal from service is for educational leave to seek a higher level or different field of certification and provided that the withdrawal from service for this purpose is for no longer than 24 consecutive months. (c) (1) The sick leave and the accumulation of unused sick leave and the payments for unused sick leave provided for by this part shall be subject to subsection (g) of Code Section 20-2-182, but this part shall not be construed so as to prohibit local boards of education from adopting policies relative to sick leave and the accumulation of unused sick leave and payments for unused sick leave which are supplemental to this part, provided the cost of implementing and maintaining any such supplemental policies shall be paid entirely from local funds. (2) A local board of education may establish and set policies and procedures for a sick leave bank or pool of voluntarily contributed employee sick leave days. Participating em ployees shall make equal contributions to the bank or pool. Such employees may draw sick leave days from the bank or pool as provided by adopted local board of education policy." Section 7. Section 2 and subsection (b) of Section 6 of an Act approved April 4, 1990 (Ga. L. 1990, p. 847), relating to the "Quality Basic Education Act," are repealed. Section 8. All laws and part 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 Alien Baldwin Bishop Bowen Broun Burton Collins DDeaawl kins Dean Echols Egan Foster Gillis Hammill Hasty Henson Hill Hooks Huggins Johnson Langford Marable MNeowyebill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Starr Steinberg rpate ,,, , ,Tihfyompson [ lmmons Turner Tysinger Walker of 22nd Walker of 43rd White 826 JOURNAL OF THE SENATE Those voting in the negative were Senators: English Harris Kidd Those not voting were Senators: Clay (excused) Coleman Edge (excused) Garner Scott Shumake On the passage of the bill, the yeas were 47, nays 3. The bill, having received the requisite constitutional majority, was passed by substitute. SB 281. By Senators Starr of the 44th, Olmstead of the 26th and Collins of the 17th: A bill to amend Code Section 31-7-75 of the Official Code of Georgia Annotated, relating to the functions and powers of hospital authorities, so as to authorize hospital authorities to provide service and financial assistance to certain private not for profit organizations for purposes related to the provision of medical ser vices or related social services to citizens. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Coleman Collins Deal Dean Egan English Foster Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 43rd White Those not voting were Senators: Clay (excused) Dawkins Echols Edge (excused) Garner Scott Shumake Walker of 22nd On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 176. By Senator Broun of the 46th: A bill to amend Chapter 6 of Title 45 of the Official Code of Georgia Annotated, relating to powers and duties of public officers and employees, so as to revise the method in which certain state officials provide certain annual reports to members of the General Assembly. TUESDAY, FEBRUARY 19, 1991 827 The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Broun Burton CCj~-.ooll..le.-mmsan Dean Echols Egan English Foster Gillis Hammill Hasty Henson Hill Hooks Huggins Johnson VKTLaAindJgafrordi Marable Move Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson o0Sc^cteomntt.bi erg Tate Thompson Timmons Turner Tysinger Walker of 22nd White Those not voting were Senators: Bowen Clay (excused) Dawkins Edge (excused) Garner Harris Shumake Starr Taylor Walker of 43rd On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 311. By Senator English of the 21st: A bill to amend Code Section 1-3-3 of the Official Code of Georgia Annotated, relating to definitions in the laws and statutes, so as to add definitions for agri culture, agricultural operations, agricultural or farm products, crops, and growing crops. The Senate Committee on Agriculture offered the following substitute to SB 311: A BILL To be entitled an Act to amend Code Section 1-3-3 of the Official Code of Georgia Annotated, relating to definitions in the laws and statutes, so as to add definitions for agri culture, agricultural operations, agricultural or farm products, crops, and growing crops; 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 1-3-3 of the Official Code of Georgia Annotated, relating to definitions in the laws and statutes, is amended by adding new paragraphs (4.1) and (7.1) to read as follows: "(4.1) 'Agriculture,' 'agricultural operations,' or 'agricultural or farm products' means raising, harvesting, or storing of crops; feeding, breeding, or managing livestock; producing plants, trees, fowl, or animals; or the production of aquaculture, horticulture, dairy, live- 828 JOURNAL OF THE SENATE stock, poultry, and apiarian products; provided, however, that this definition shall not su persede a more specific definition if provided." "(7.1) 'Crops' or 'growing crops' means fruits and products of all annual or perennial plants, trees, and shrubs and shall also include plants, trees, shrubs, and other agricultural products that are produced for sale." Section 2. All laws and parts of laws in conflict with this Act are repealed. Senators Deal of the 49th and English of the 21st offered the following amendment: Amend the substitute to SB 311 offered by the Senate Committee on Agriculture by striking all the language on lines 15 through 19 of page 1 and inserting in its place the following: "managing livestock or poultry; the production and storage of feed for use in livestock or poultry production; producing plants, trees, fowl, or animals; or the production of aquaculture, horticulture, dairy, livestock, poultry, eggs, and apiarian products.'" On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted. On the adoption of the substitute, the yeas were 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 Alien Baldwin Bishop Broun Burton .man Dean Echols Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Bowen Clay (excused) Edge (excused) Shumake On the passage of the bill, the yeas were 52, nays 0. TUESDAY, FEBRUARY 19, 1991 829 The bill, having received the requisite constitutional majority, was passed by substitute. SB 238. By Senators Deal of the 49th, Perry of the 7th, Ray of the 19th and Phillips of the 9th: A bill to amend Article 7 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to continuances, so as to provide for a continuance in any case where any party thereto or his leading counsel is absent from the court by reason of his service in the armed forces when such service directly prevents his attendance in court. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Broun Burton Collins Dawkins Deal Echols Egan English Foster Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Steinberg Tate Taylor Thompson Turner Tysinger Walker of 22nd White Those not voting were Senators: Bowen Clay (excused) Coleman Dean Edge (excused) Garner Scott Shumake Starr Timmons Walker of 43rd On the passage of the bill, yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 287. By Senators Deal of the 49th, English of the 21st and Ray of the 19th: A bill to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to provide for immunity for equine professionals engaged in equine activities; to provide for definitions; to provide for exceptions to immunity from liability; to provide for notice of immunity to certain persons; to provide for applicability. Senators Perdue of the 18th and Deal of the 49th offered the following amendment: Amend SB 287 by striking from line 2 of page 2 the following: "assisting in", 830 JOURNAL OF THE SENATE and inserting in lieu thereof the following: "providing or assisting in providing". By striking from line 4 of page 3 the word "and", by striking the period from the end of line 6 of page 3 and inserting in lieu thereof a semicolon and the word "and", and by in serting between lines 6 and 7 of page 3 the following: "(G) Examining or administering medical treatment to an equine by a veterinarian." By striking from line 25 of page 3 the word "or", by striking the period at the end of line 27 and inserting in lieu thereof a semicolon and the word "or", and by inserting be tween lines 27 and 28 the following: "(C) Examining or administering medical treatment to an equine as a veterinarian." On the adoption of the amendment, the yeas were 34, 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 Alien Baldwin Bishop Bowen Broun Burton CCoollleimnsan Gillis Hammill Harris Hasty Hill Hooks Huggins JKoihdndson DDeaawl kins Dean Echols Egan English Foster Garner MMoayraeble Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott gtarr !0,t. em. b, erg T*a*yl,or Thompson Timmons Turner Tysinger Walker of 43rd White Those not voting were Senators: Clay (excused) Edge (excused) Henson Langford Shumake Walker of 22nd 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 resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption: SR 168. By Senators Steinberg of the 42nd, Starr of the 44th, Baldwin of the 29th and others: A resolution urging the Federal Communications Commission to regulate the use of ADAD equipment in connection with long-distance telephone calls. TUESDAY, FEBRUARY 19, 1991 831 Senator Steinberg of the 42nd offered the following amendment: Amend SR 168 by adding on line 17 of page 2, between the word "Commission" and the period, the following: ", each member of the Georgia Congressional Delegation, and each member of the Pub lic Service Commission". On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the 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 Alien Baldwin Bishop Bowen Broun ^Ctofmnan DDifae1wa1n1k"i8ns Echols Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hm Hooks JHouhgngsionns Kidd Marable Move Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson SSctaortrt TSmtaet*ienberg Thompson Timmons Turner Tysinger Walker of 43rd White Those not voting were Senators: Clay (excused) Deal Edge (excused) Langford Shumake Taylor Walker of 22nd On the adoption of the resolution, the yeas were 49, nays 0. The resolution, having received the requisite constitutional majority, was adopted as amended. The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage: SB 282. By Senators Perry of the 7th, Echols of the 6th and Turner of the 8th: A bill to amend Code Section 38-2-25 of the Official Code of Georgia Annotated, relating to training and duty of the organized militia, so as to authorize the Gov ernor to order members of the organized militia, with their consent, to state ac tive duty for certain purposes and without pay and allowances or other compen sation but with certain privileges, rights, benefits, and immunities. 832 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: Alien Baldwin Bishop Bowen Broun Burton Coleman Collins Dawkins Deal Dean Echols Egan English Foster Garner Gillis Hammill Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Thompson Timmons Turner Walker of 43rd White Those not voting were Senators: Albert Clay (excused) Edge (excused) Harris Hasty Perdue Shumake Taylor Tysinger Walker of 22nd On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 289. By Senator Timmons of the llth: A bill to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, known as the "Georgia Emergency Telephone Number '911' Service Act of 1977," so as to provide for the designation of the public safety answering point within certain counties; to provide for a definition; 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: Alien Baldwin Bishop Bowen Broun Burton Coleman Collins Dawkins Deal Dean Echols Egan English Foster Garner Gillis Hammill Henson Hill Hooks Huggins Johnson Kidd TUESDAY, FEBRUARY 19, 1991 833 Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Albert Clay (excused) Edge (excused) Harris Hasty On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed. The following general bill of the Senate, having been read the third time on February 18 and postponed until February 19, was put upon its passage: SB 31. By Senator Thompson of the 33rd: A bill to amend Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, the "Georgia Student Finance Authority Act," so as to pro vide for a new full-tuition scholarship program for certain students who attend state institutions of higher education; to provide for definitions; to provide for eligibility; to provide for administration and funding. The Senate Committee on Higher Education offered the following substitute to SB 31: A BILL To be entitled an Act to amend Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, the "Georgia Student Finance Authority Act," so as to provide for a new full-tuition scholarship program for certain students who attend state institutions of higher education; to provide for definitions; to provide for eligibility; to pro vide for administration and funding; 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. Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, the "Georgia Student Finance Authority Act," is amended by adding at the end a new subpart to read as follows: "Subpart 10 20-3-479. (a) As used in this Code section, the term: (1) 'Eligible student' means a person who meets all of the following qualifications: (A) Has actually resided in this state for at least 24 months preceding enrollment in a state institution of higher education which shall be demonstrated by proof of the following: (i) If registered to vote, is registered in Georgia; (ii) If licensed to drive a motor vehicle, possesses a Georgia driver's license; (iii) If owning a motor vehicle located in Georgia, is in possession of a Georgia registra tion for such vehicle; and 834 JOURNAL OF THE SENATE (iv) If earning an income, has filed a Georgia state income tax return and has complied with state income tax laws and regulations; (B) Has a parent or guardian who is a domiciliary of this state; (C) Has graduated from a Georgia high school within the two years immediately preced ing application for a scholarship under this subpart with a minimum cumulative grade point average of 2.5 calculated on a 4.0 scale and is enrolling as a first-time freshman in a state institution of higher education; (D) Has successfully completed coursework at the ninth-grade level or higher which constitutes a college preparatory core curriculum as specified by the authority, but which shall involve at a minimum courses in all of the following fields: (i) English; (ii) Algebra; (iii) Geometry, trigonometry, calculus, or comparable advanced mathematics; (iv) Biology; (v) Chemistry or physics; (vi) American history; (vii) World history, world cultures, or western civilization; (viii) Civics or economics; (ix) Fine arts; (x) Foreign language; and (xi) Computer science, computer literacy, or data processing; (E) Has a score of 800 on the Scholastic Aptitude Test; (F) Has no criminal record, except for misdemeanor traffic violations; and (G) Is found to be in financial need. (2) 'Family,' for an applicant for a scholarship under this subpart who is: (A) Unemancipated, means the applicant, the applicant's parents, and those parents' other children under 21 years of age; or (B) Emancipated, means the applicant, the applicant's spouse, and any children under 21 years of age of the applicant and spouse. (3) 'Financial need' means that the family of the person applying for the scholarship under this subpart has a combined federal adjusted gross income, as defined in Code Sec tion 48-7-27, which averages for the two immediately preceding taxable years less than $25,000.00, if the family has only one child under 21 years of age, or less than $25,000.00 plus $5,000.00 for each additional child under 21 years of age. The two-year average annual adjusted gross income of the family shall be verified by Internal Revenue Service returns or by certified affidavits in cases of income that cannot be verified by such returns. (4) 'State institution of higher education' means any college or university within the University System of Georgia. (b) The authority shall grant to each eligible student who applies therefor a scholarship in an amount to cover all tuition costs for such student at a state institution of higher education in which such student enrolls to pursue an academic degree. (c) To maintain continued payment by the authority of the scholarship provided under this subpart, a student shall meet all of the following: (1) Make steady academic progress toward a degree, earning not less than the minimum TUESDAY, FEBRUARY 19, 1991 835 number of hours of credit for full-time standing in each academic period requiring such enrollment; (2) Maintain full-time enrollment standing for not less than two semesters or three quarters in any academic year; (3) Earn a cumulative 2.5 grade point average on a 4.0 scale at the end of the first academic year and, thereafter, maintain such a cumulative grade point average calculated at the end of each academic year; (4) Have no criminal record, except for misdemeanor traffic violations; and (5) Be found to be in financial need. (d) The authority is authorized to prescribe such rules and regulations as may be neces sary or convenient for the administration of the scholarship program provided by this subpart. Such rules and regulations may include, but shall not be limited to: (1) Mechanisms for informing students of the availability of the assistance provided by this subpart; (2) Applications, forms, financial audit procedures, eligibility, and other program audit procedures; or (3) A procedure for waiver of the program eligibility requirement for successful comple tion of a specified core curriculum upon proper documentation by the applicant that failure to comply with such requirement is due to the fact that the required course or courses were not available to the applicant at the school attended. (e) Funds necessary for the scholarship program pursuant to this subpart shall come from funds appropriated or otherwise available to the authority for such purposes. In the event such funds are insufficient to finance fully such program, the scholarships to each applicant eligible for the program shall be reduced pro rata. Scholarships pursuant to this subpart shall not be payable directly to the student eligible therefor, but shall be payable on behalf of that student to the state institution of higher education in which such student is enrolled." Section 2. This Act shall not become effective until funds are appropriated and made available to carry out the purposes of this Act; provided, however, that if this Act is not funded by July 1, 1993, it shall be automatically repealed in its entirety on July 1, 1993. Section 3. All laws and parts of laws in conflict with this Act are repealed. Senator Egan of the 40th offered the following amendment: Amend the substitute to SB 31 offered by the Senate Committee on Higher Education by adding on Page 3, line 8, after "800" the words: "or higher". Senator Thompson of the 33rd moved that SB 31 be postponed until Friday, February 22. On the motion, the yeas were 39, nays 0; the motion prevailed, and SB 31 was post poned until Friday, February 22. Senator Dean of the 31st moved that the following bill of the Senate, having been passed previously today, be immediately transmitted to the House: SB 213. By Senators Steinberg of the 42nd, Johnson of the 47th, Deal of the 49th and others: 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 836 JOURNAL OF THE SENATE that the Department of Human Resources shall provide lists of nursing homes determined to have certain deficiencies and include sanctions and remedies therefor and to require such nursing homes to provide notices of such deficiencies and other matters to certain persons and entities; to provide for fines. On the motion, the yeas were 43, nays 0; the motion prevailed, and SB 213 was immedi ately transmitted to the House. Senator Garner of the 30th moved that the Senate do now adjourn until 9:15 o'clock A.M. tomorrow, and the motion prevailed. At 12:23 o'clock P.M., the President announced the Senate adjourned until 9:15 o'clock A.M. tomorrow. WEDNESDAY, FEBRUARY 20, 1991 837 Senate Chamber, Atlanta, Georgia Wednesday, February 20, 1991 Twenty-fifth Legislative Day The Senate met pursuant to adjournment at 9:15 o'clock A.M. today and was called to order by the President. Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct. Senator Harris of the 27th moved that the Senate reconsider its action on February 19 in defeating the following bill of the Senate: SB 200. By Senator Harris of the 27th: A bill to amend Article 2 of Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to county governing authorities, so as to provide minimum salaries for full-time chairmen of county governing authorities and elected chief executive officers; to provide for cost-of-living adjustments and other adjust ments to salaries of members of the county governing authorities and elected chief executive officers; to provide exceptions. On the motion, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Alien Bishop Bowen Broun Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Harris Henson Hill Hooks Huggins Kidd Marable Moye Perdue Phillips Pollard Ragan of 10th Ramsey Ray Robinson Scott Shumake Steinberg Tate Taylor Thompson Timmons Turner Tysinger White Those not voting were Senators: Albert Baldwin BCluaryton Coleman Gillis Hammill Hasty JLoahnngsfoonrd Newbill Olmstead Perry Ragan of 32nd Qbttarr Walker of 22nd Walker of 43rd On the motion, the yeas were 39, nays 0; the motion prevailed, and SB 200 was recon sidered and placed on the Senate General Calendar. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed. 838 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 and Senate: HB 316. By Representative Selman of the 32nd: A bill to provide a homestead exemption in the amount of $10,000.00 of the as sessed value of the homestead for all City of Fairburn ad valorem taxes for any city purposes except ad valorem taxes levied to pay interest on and retire bonded indebtedness, for each resident of the City of Fairburn who is 65 years of age or over or disabled if the resident's adjusted gross income together with the ad justed gross income of the spouse who also resides at such homestead does not exceed the maximum amount which may be received by a person and a person's spouse under the federal Social Security Act. HB 732. By Representative Lord of the 107th: A bill to reconstitute the Board of Education of Washington County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions. HB 733. By Representatives Lord of the 107th and Parrish of the 109th: A bill to provide for the imposition, collection, and disposition of county law library fees as a part of the court costs in the Magistrate Court of Johnson County. HB 736. By Representative Branch of the 137th: A bill to amend an Act creating a Board of Commissioners of Ben Hill County, so as to change the composition of the board of commissioners. HB 737. By Representative Branch of the 137th: A bill to provide that the school superintendent of the Ben Hill County School District shall be appointed by the board of education rather than elected. HB 740. By Representatives Mueller of the 126th, Bordeaux of the 122nd, Pelote of the 127th, Kingston of the 125th, Dixon of the 128th and others: A bill to amend an Act providing that the Board of Public Education for the City of Savannah and County of Chatham shall be elected by the voters of Chatham County, so as to change the provisions regarding the filling of vacancies. HB 752. By Representatives Poston of the 2nd and Poag of the 3rd: A bill to amend an Act creating a board of elections and registration for Catoosa County, so as to change the provisions relating to qualifications of members of the board. HB 753. By Representatives Poston of the 2nd and Poag of the 3rd: A bill to amend an Act creating a board of utilities commissioners for Catoosa County, Georgia, so as to change the provisions relating to selection of the mem bers of the board and their terms of office. WEDNESDAY, FEBRUARY 20, 1991 839 HB 754. By Representatives Thomas of the 69th and Simpson of the 70th: A bill to amend an Act providing a new charter for the City of Mount Zion in Carroll County, so as to provide for the corporate limits of the city and the inclu sion of certain territory therein. HB 759. By Representatives Twiggs of the 4th and Colwell of the 4th: A bill to amend an Act placing the clerk of the Superior Court of Rabun County on an annual salary, so as to change the compensation of the clerk of the superior court. HB 674. By Representative Groover of the 99th: A bill to amend Code Section 32-3-1 of the Official Code of Georgia Annotated, relating to the authority to acquire property for public road and other transpor tation purposes, so as to provide that a public road purpose shall include state and federal required wetland mitigation. HB 375. By Representatives Lawson of the 9th, Lee of the 72nd, Dover of the llth, Reaves of the 147th, Hanner of the 131st and others: A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions affecting both counties and municipal corporations, so as to declare the regulation of firearms to be an issue of state-wide concern; to preempt and prohibit local regulation by counties or municipal corporations in the field of possession, ownership, transportation, carrying, transfer, sale, purchase, licensing, and registration of firearms or ammunition and components. HB 217. By Representatives Brown of the 88th, Smyre of the 92nd and Martin of the 26th: A bill to amend Chapter 22 of Title 45 of the Official Code of Georgia Annotated, the "Public Employee Hazardous Chemical Protection and Right to Know Act of 1988," so as to delete provisions requiring the promulgation and review of the Georgia Hazardous Chemical List. HB 315. By Representative Childers of the 15th: A bill to amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to the Georgia Board of Dentistry and the licensed practice of dentistry and dental hygienists, so as to change the definition of the acts which constitute the practice of dentistry. HB 296. By Representatives Teper of the 46th, Alford of the 57th, Sherrill of the 47th, Irwin of the 57th, Redding of the 50th and others: A bill to amend Code Section 47-20-10 of the Official Code of Georgia Annotated, relating to minimum employer contributions to retirement systems under the "Public Retirement Systems Standards Law," so as to provide that prefunding anticipated future costs of providing health care benefits for retired employees shall not be subject to such minimum funding requirements. HB 292. By Representative Reaves of the 147th: A bill to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to enact the "Equine Activities Immunity Act". 840 JOURNAL OF THE SENATE HB 554. By Representatives King of the 72nd, Childers of the 15th, and Buckner of the 72nd: A bill to amend Code Section 17-10-15 of the Official Code of Georgia Annotated, relating to HIV testing of persons who commit AIDS transmitting crimes, so as to require those tests upon indictment for such crimes. HB 62. By Representative Redding of the 50th: A bill to amend Article 1 of Chapter 5 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions regarding malt beverages, so as to pro vide that a head of a household may produce 200 gallons of malt beverages per year for home consumption without being licensed or paying excise taxes. SB 241. By Senator Timmons of the llth: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Miller County during designated regis tration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated. SB 298. By Senators Garner of the 30th and Moye of the 34th: A bill to amend an Act creating the board of commissioners of Douglas County, as amended, so as to change provisions relating to filling of vacancies on the board of commissioners; to provide for application to certain previously filled va cancies; to provide for related matters; to provide an effective date. SB 196. By Senators Edge of the 28th, Robinson of the 16th 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 certain persons owning or operating a combined sewer overflow to sub mit to the director of the Environmental Protection Division of the Department of Natural Resources a plan to eliminate or treat sewage overflow; to provide for certain contents of such plan. SB 189. By Senators Deal of the 49th and Garner of the 30th: A bill to amend Code Section 28-4-1, relating to the Legislative Services Commit tee of the General Assembly, so as to change the composition of the committee; to provide for related matters; to provide an effective date. The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate: SB 177. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, known as the "State-wide Probation Act," so as to provide that as a condition of probation, certain probationers may be required to complete satis factorily a program of incarceration or confinement in a "special alternative in carceration--probation boot camp" unit of the Department of Corrections for a period of 90 days from the time of initial confinement in the unit. The following bills and resolutions of the Senate were introduced, read the first time and referred to committees: SB 354. By Senator Shumake of the 39th: A bill to amend Code Section 31-10-15 of the Official Code of Georgia Annotated, relating to death certificates, so as to provide that an attending physician who WEDNESDAY, FEBRUARY 20, 1991 841 fails to complete and return a medical certification specifying cause of death within 48 hours after a patient's death, without good cause, shall be civilly liable for a penalty of $500.00; to provide that the commissioner of human resources shall levy such penalty. Referred to Committee on Health and Human Services. SB 355. By Senator Kidd of the 25th: A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and parental rights, so as to change certain defi nitions; to change the provisions relating to certain duties of the Council of Juve nile Court Judges; to change the provisions relating to when a child may be taken into custody; to change the provisions relating to places of detention. Referred to Committee on Special Judiciary. SB 356. By Senator Foster of the 50th: A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of Georgia taxable net income, so as to provide that taxpayers licensed under Chapter 34 of Title 43 shall be authorized to deduct a certain amount from their federal adjusted gross income in the computation of Georgia taxable net income for prenatal health care services rendered to indigent patients; to provide a limitation on such de duction; to define certain terms. Referred to Committee on Finance and Public Utilities. SB 357. By Senators Foster of the 50th, Deal of the 49th and Johnson of the 47th: A bill to amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Industry, Trade, and Tourism, so as to provide for state funding of local welcome centers; to provide for criteria for funding; to pro vide for restrictions on the use of such funding; to provide for audits and inspec tions; to provide for withholding of funds; to provide for discontinuation of funding. Referred to Committee on Economic Development and Tourism. SB 358. By Senators Newbill of the 56th, Ragan of the 32nd and Thompson of the 33rd: A bill to amend an Act creating the State Court of Cobb County, as amended, so as to add an additional judge to the second division of the State Court of Cobb County. Referred to Committee on Urban and County Affairs. SB 359. By Senator English of the 21st: A bill to provide a new charter for the City of Keysville; 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, qualification, prohibitions, and removal from office rela tive to members of such governing authority; to provide for inquiries and investi gations; to provide for organization and procedures. Referred to Committee on Urban and County Affairs. 842 JOURNAL OF THE SENATE SR 198. By Senators Harris of the 27th, Gillis of the 20th, Collins of the 17th and John son of the 47th: A resolution authorizing the State Properties Commission to negotiate a lease of certain tracts of state owned real property in High Falls State Park and Watson Bridge State Park; to set terms; to provide an effective date. Referred to Committee on Finance and Public Utilities. SR 200. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A resolution proposing an amendment to the Constitution so as to provide that the director of the Office of Planning and Budget shall be a member of the Geor gia State Financing and Investment Commission; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Governmental Operations. The following bills of the House were read the first time and referred to committees: HB 62. By Representative Redding of the 50th: A bill to amend Article 1 of Chapter 5 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions regarding malt beverages, so as to pro vide that a head of a household may produce 200 gallons of malt beverages per year for home consumption without being licensed or paying excise taxes. Referred to Committee on Consumer Affairs. HB 217. By Representatives Brown of the 88th, Smyre of the 92nd and Martin of the 26th: A bill to amend Chapter 22 of Title 45 of the Official Code of Georgia Annotated, the "Public Employee Hazardous Chemical Protection and Right to Know Act of 1988," so as to delete provisions requiring the promulgation and review of the Georgia Hazardous Chemical List. Referred to Committee on Natural Resources. HB 292. By Representative Reaves of the 147th: A bill to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to enact the "Equine Activities Immunity Act". Referred to Committee on Agriculture. HB 296. By Representatives Teper of the 46th, Alford of the 57th, Sherrill of the 47th and others: A bill to amend Code Section 47-20-10 of the Official Code of Georgia Annotated, relating to minimum employer contributions to retirement systems under the "Public Retirement Systems Standards Law," so as to provide that prefunding anticipated future costs of providing health care benefits for retired employees shall not be subject to such minimum funding requirements. Referred to Committee on Retirement. HB 315. By Representative Childers of the 15th: A bill to amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to the Georgia Board of Dentistry and the licensed practice of dentistry and dental hygienists, so as to change the definition of the acts which constitute the practice of dentistry. Referred to Committee on Health and Human Services. WEDNESDAY, FEBRUARY 20, 1991 843 HB 375. By Representatives Lawson of the 9th, Lee of the 72nd, Dover of the llth and others: A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions affecting both counties and municipal corporations, so as to declare the regulation of firearms to be an issue of state-wide concern; to preempt and prohibit local regulation by counties or municipal corporations in the field of possession, ownership, transportation, carrying, transfer, sale, purchase, licensing, and registration of firearms or ammunition and components. Referred to Committee on Judiciary. HB 554. By Representatives King of the 72nd, Childers of the 15th and Buckner of the 72nd: A bill to amend Code Section 17-10-15 of the Official Code of Georgia Annotated, relating to HIV testing of persons who commit AIDS transmitting crimes, so as to require those tests upon indictment for such crimes. Referred to Committee on Judiciary. HB 674. By Representative Groover of the 99th: A bill to amend Code Section 32-3-1 of the Official Code of Georgia Annotated, relating to the authority to acquire property for public road and other transpor tation purposes, so as to provide that a public road purpose shall include state and federal required wetland mitigation. Referred to Committee on Transportation. HB 316. By Representative Selman of the 32nd: A bill to provide a homestead exemption in the amount of $10,000.00 of the as sessed value of the homestead for all City of Fairburn ad valorem taxes for any city purposes except ad valorem taxes levied to pay interest on and retire bonded indebtedness, for each resident of the City of Fairburn who is 65 years of age or over or disabled if the resident's adjusted gross income together with the ad justed gross income of the spouse who also resides at such homestead does not exceed the maximum amount which may be received by a person and a person's spouse under the federal Social Security Act. Referred to Committee on Urban and County Affairs. HB 732. By Representative Lord of the 107th: A bill to reconstitute the Board of Education of Washington County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions. Referred to Committee on Urban and County Affairs. HB 733. By Representatives Lord of the 107th and Parrish of the 109th: A bill to provide for the imposition, collection, and disposition of county law library fees as a part of the court costs in the Magistrate Court of Johnson County. Referred to Committee on Urban and County Affairs. HB 736. By Representative Branch of the 137th: A bill to amend an Act creating a Board of Commissioners of Ben Hill County, so as to change the composition of the board of commissioners. Referred to Committee on Urban and County Affairs. 844 JOURNAL OF THE SENATE HB 737. By Representative Branch of the 137th: A bill to provide that the school superintendent of the Ben Hill County School District shall be appointed by the board of education rather than elected. Referred to Committee on Urban and County Affairs. HB 740. By Representatives Mueller of the 126th, Bordeaux of the 122nd, Pelote of the 127th and others: A bill to amend an Act providing that the Board of Public Education for the City of Savannah and County of Chatham shall be elected by the voters of Chatham County, so as to change the provisions regarding the filling of vacancies. Referred to Committee on Urban and County Affairs. HB 752. By Representatives Poston of the 2nd and Poag of the 3rd: A bill to amend an Act creating a board of elections and registration for Catoosa County, so as to change the provisions relating to qualifications of members of the board. Referred to Committee on Urban and County Affairs. HB 753. By Representatives Poston of the 2nd and Poag of the 3rd: A bill to amend an Act creating a board of utilities commissioners for Catoosa County, Georgia, so as to change the provisions relating to selection of the mem bers of the board and their terms of office. Referred to Committee on Urban and County Affairs. HB 754. By Representatives Thomas of the 69th and Simpson of the 70th: A bill to amend an Act providing a new charter for the City of Mount Zion in Carroll County, so as to provide for the corporate limits of the city and the inclu sion of certain territory therein. Referred to Committee on Urban and County Affairs. HB 759. By Representatives Twiggs of the 4th and Colwell of the 4th: A bill to amend an Act placing the clerk of the Superior Court of Rabun County on an annual salary, so as to change the compensation of the clerk of the superior court. Referred to Committee on Urban and County Affairs. The following reports of standing committees were read by the Secretary: Mr. President: The Committee on Banking and Financial Institutions 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 93. Do pass. HB 293. Do pass. Respectfully submitted, Senator Turner of the 8th District, Chairman Mr. President: The Committee on Corrections has had under consideration the following bill of the WEDNESDAY, FEBRUARY 20, 1991 845 House and has instructed me to report the same back to the Senate with the following recommendation: HB 125. Do pass by substitute. Respectfully submitted, Senator Ray of the 19th 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 403. Do pass. HB 589. Do pass. Respectfully submitted, Senator Foster of the 50th District, Chairman Mr. President: The Committee on Governmental Operations has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 86. Do pass. SB 353. Do pass. SB 338. Do pass by substitute. HB 224. Do pass by substitute. SB 342. Do pass. HB 268. Do pass. SB 352. Do pass. Respectfully submitted, Senator Kidd of the 25th District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following bill of the Sen ate and has instructed me to report the same back to the Senate with the following recommendation: SB 285. Do pass by substitute. Respectfully submitted, Senator Baldwin of the 29th District, Chairman Mr. President: The Committee on Special Judiciary has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 290. Do pass by substitute. SB 291. Do pass. SB 309. Do pass by substitute. HB 129. Do pass by substitute. HB 480. Do pass by substitute. Respectfully submitted, Senator Edge of the 28th District, Chairman 846 JOURNAL OF THE SENATE Mr. President: The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 317. Do pass. SB 318. 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 77. Do pass. HB 684. Do pass. HB 686. Do pass. HB 688. 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 45. By Senator Kidd of the 25th: A bill 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 the provisions relating to the issuance of a license to carry a pistol or revolver; to authorize the issuance of a license to certain residents of other states, territories, or foreign countries. SB 197. By Senator Shumake of the 39th: A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to create the Georgia Board of Power Engineers; to provide definitions; to provide for the appointment of members of the board; to provide for members' terms, qualifications, compensation, and removal; to pro vide for meetings and quorums. SB 243. By Senators Coleman of the 1st and Alien of the 2nd: A bill to amend Part 7 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of laundries, cleaners, dyers, tailors, and other similar establishments, so as to provide for an alternative method for the satisfaction of such liens; to provide for a certain notice at the time property is delivered for the performance of services. SB 250. By Senator Shumake of the 39th: A bill to amend an Act fixing the compensation of the board of commissioners of counties having a population of 550,000 or more according to the United States decennial census of 1970 or any future such census, as amended; to change the provisions relating to the compensation of the chairman and other members of the board of commissioners of such counties; to provide an effective date. WEDNESDAY, FEBRUARY 20, 1991 847 SB 255. By Senators Langford of the 35th and Albert of the 23rd: A bill to amend Code Section 16-5-23 of the Official Code of Georgia Annotated, relating to the offense of simple battery, so as to provide that a person who com mits the offense of simple battery against a police officer engaged in carrying out official duties shall, upon conviction, be punished for a misdemeanor of a high and aggravated nature. SB 267. By Senator Baldwin of the 29th: A bill to amend Article 1 of Chapter 6 of Title 10 of the Official Code of Georgia Annotated, relating to the creation and nature of the agency relationship, so as to provide that a deed or other instrument executed under seal pursuant to an agency created by an act not under seal shall be binding on the principal under certain conditions. SB 286. By Senators Foster of the 50th, Timmons of the llth and Johnson of the 47th: A bill to amend Code Section 32-6-195 of the Official Code of Georgia Annotated, relating to the division of costs of grade crossing elimination projects between the Department of Transportation, counties, municipalities, and railroads, so as to provide that railroads shall bear no less than 25 percent of grade crossing elimi nation costs; to provide an effective date. SB 305. By Senators Deal of the 49th, Robinson of the 16th and Alien of the 2nd: A bill to amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitation of actions, so as to provide for the period of limitation in an action by a parent or other person for injury to a minor child; to provide for joinder with an action on behalf of the minor child. SB 312. By Senators Baldwin of the 29th and Edge of the 28th: A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide that a school bus driver charged and convicted of driving under the influence of alcohol or drugs while driving a school bus or other school vehicle shall be imprisoned for a period of not less than one year nor more than five years; to provide for a fine. SB 313. By Senators Hammill of the 3rd and Gillis of the 20th: A bill to amend Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to education in general, so as to make it a misdemeanor to buy, sell, create, duplicate, alter, give, or obtain a document which purports to signify merit or achievement conferred by an institution of education; to provide for penalties. SB 314. By Senators Hammill of the 3rd and Echols of the 6th: A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of judges of superior courts, so as to provide for a fifth judge of the superior courts of the Brunswick Judicial Circuit of Georgia; to provide for the appointment of the first such additional judge by the Governor; to provide for the election of successors to the judge initially appointed. SB 334. By Senator Edge of the 28th: 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 Griffin Judicial Circuit of Georgia; to provide for the appointment of such additional judge by the Governor; to provide for the election of successors to the judge initially appointed. 848 JOURNAL OF THE SENATE SR 72. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A resolution creating the Joint Study Committee on Children and Youth. SR 174. By Senators Hammill of the 3rd, Harris of the 27th and Clay of the 37th: A resolution designating the week of April 7 through 13, 1991, as "Georgia County Government Week". SR 180. By Senators Taylor of the 12th, Hooks of the 14th, Perry of the 7th and others: A resolution designating the developmental highway, known as "Corridor Z," as the "South Georgia Parkway". HB 320. By Representative Herbert of the 76th: A bill to amend Article 2 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, relating to technical and adult education, so as to require the State Board of Technical and Adult Education to develop and implement a policy for a reduction in force. HB 329. By Representatives Porter of the 119th and Thomas of the 69th: A bill to amend Code Section 50-13-18 of the Official Code of Georgia Annotated, relating to procedural requirements under the "Georgia Administrative Proce dure Act" for licensing, so as to provide licenses review of certain information possessed by an agency prior to a license hearing. HB 351. By Representative Watson of the 114th: A bill to amend Code Section 43-3-6 of the Official Code of Georgia Annotated, relating to requirements for the certificate of "certified public accountant," so as to change the educational requirements. HB 379. By Representatives Jackson of the 9th, Colwell of the 4th and Orr of the 9th: A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions relative to penal institutions, so as to provide for home arrest programs for certain county offenders. HB 380. By Representatives Jackson of the 9th, Colwell of the 4th and Orr of the 9th: A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions relative to penal institutions, so as to provide for work release programs for certain county inmates. HB 548. By Representative Lane of the 27th: A bill to amend Article 2 of Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to the acquisition, construction, and maintenance of airports and landing fields by counties and municipalities, so as to prohibit the acquisi tion of property by condemnation outside the territorial boundaries of the county or municipality for a certain period of time. HB 582. By Representative Smyre of the 92nd: A bill to amend Code Section 20-3-250.3 of the Official Code of Georgia Anno tated, relating to exemptions from the "Nonpublic Postsecondary Educational Institutions Act of 1990," so as to exempt certain nonpublic medical schools from the application of such Act. WEDNESDAY, FEBRUARY 20, 1991 849 HR 155. By Representative Oliver of the 53rd: A resolution designating the J. Carrell Larmore Probation Detention Center. HR 162. By Representatives Connell of the 87th and Murphy of the 18th: A resolution naming the "Steve Polk Plaza". The President called for the morning roll call, and the following Senators answered to their names: Albert Alien Bishop Bowen Broun Burton Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not answering were Senators: Baldwin Clay Langford Newbill Senator Thompson of the 33rd introduced the chaplain of the day, Reverend Bob Shattles, pastor of the Friendship Baptist Church, Austell, Georgia, who offered scripture read ing and prayer. The following resolutions of the Senate were read and adopted: SR 199. By Senators Olmstead of the 26th, Perry of the 7th, Harris of the 27th and others: A resolution commending the 48th Infantry Brigade. SR 201. By Senator Ragan of the 10th: A resolution urging the United States Postmaster General to properly recognize Henry Ossian Flipper with the issuance of a commemorative postage stamp. SR 202. By Senator Edge of the 28th: A resolution expressing support for the men and women of Spalding County serving in Operation Desert Storm and their families. Senator Newbill of the 56th moved that Senator Clay of the 37th be excused from the Senate today due to illness in his family. On the motion, the yeas were 30, nays 0; the motion prevailed, and Senator Clay of the 37th was excused from the Senate today. 850 JOURNAL OF THE SENATE 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 February 20, 1991 TWENTY-FIFTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) SB 77 Thompson, 33rd Clay, 37th Ragan, 32nd Newbill, 56th A bill to require a public hearing before the Cobb County Board of Commis sioners is authorized to spend over $100,000.00 to employ an independent consultant or conduct an independent study. HB 684 Steinberg, 42nd Walker, 43rd Burton, 5th Tysinger, 41st Henson, 55th A bill to change the penalties which may be imposed by the Recorder's Court of DeKalb County. HB 686 Hasty, 51st A bill to repeal the provisions relating to the veto power of the Mayor of the City of Fairmount. To also change the provisions relating to the municipal court. HB 688 Marable, 52nd A bill to provide for an additional position on the Rome-Floyd County Com mission on Children and Youth. 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 Bishop Broun Burton Coleman Collins Dawkins Deal Dean Echols Edge English Foster Garner Gillis Hammill Harris Hasty Henson Hooks Huggins Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson Starr Tate WEDNESDAY, FEBRUARY 20, 1991 851 Taylor Thompson Timmons Turner Tysinger Walker of 43rd White Those not voting were Senators: Alien BBoalwdewnin Clay (excused) Egan Hill Johnson Phillips Ray Scott Shumake Steinberg Walker of 22nd On the passage of all the local bills, the yeas were 43, nays 0. All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed. SENATE RULES CALENDAR Wednesday, February 20, 1991 TWENTY-FIFTH LEGISLATIVE DAY SB 323 Board of Workers' Compensation--appoint administrative law judges (I&L--45th) SB 260 Delinquency Hearings--open to public (Substitute) (Judy--49th) SB 184 Personal Property Damage Actions--recovery of certain damages, fees (Substi tute) (Judy--47th) SR 179 Watering Restrictions--urge exempt newly installed landscaping (Ag--21st) SB 88 Cases on Property Acquisition for Transportation--evidence, testimony (Judy--49th) SB 144 State Contracts--Department of Administrative Services certify minority busi ness before bidding (Substitute) (S Judy--22nd) (Pursuant to Senate Rule 143, final passage of the bill was suspended on Febru ary 18, 1991.) HB 303 Employment Security Law--revise (I&L--45th) HB 173 Clerk of the House--change provisions on succession to office (Substitute) (Rules--31st) HB 441 Firemen's Pension Fund--eligibility and leaves of absence (Ret--24th) HB 134 Landlord/Tenant--provisions on liability for rent of military personnel (S Judy--18th) HB 281 Gambling Prohibitions--not apply to certain games, devices (Gov Op--25th) HB 400 Health Care Corporations--provisions on formation (I&L--16th) HR 160 Easements for Utility, Sanitation--authorize certain counties (Amendment) (F&PU--44th) HB 484 Peace Officers' Annuity, Benefit Fund--certain beneficiary payment adjustments (Ret--38th) HB 287 Municipal Training Institute--board of directors (U&CA G--27th) HR 73 Dodge County--easement for sanitary sewer line on state property (Substitute) (F&PU--19th) HB 259 Building Set-Back Line Violations--statute of limitations (Substitute) (S Judy--16th) 852 JOURNAL OF THE SENATE HB 442 Sheriffs' Retirement Fund--additional payment from civil action fees (Ret--54th) Respectfully submitted, /s/ Nathan Dean of the 31st, Chairman Senate Rules Committee The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage: SB 323. By Senator Dawkins of the 45th: A bill to amend Article 2 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to administration of the laws relating to workers' compensa tion, so as to provide for the appointment of senior administrative law judges for the State Board of Workers' Compensation; to provide for the qualifications, ser vice, allowances, and expenses of senior administrative law judges. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Bishop Broun Burton Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Hammill Harris Hasty Henson Hill Huggins Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Starr Tate Taylor Thompson Timmons Turner Tysinger Walker of 43rd White Those not voting were Senators: Baldwin Bowen Clay (excused) Gillis Hooks Johnson Phillips Scott Shumake Steinberg Walker of 22nd On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed. The following bill of the Senate was taken up for the purpose of considering the House amendment thereto: SB 177. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, known as the "State-wide Probation Act," so as to provide that as a WEDNESDAY, FEBRUARY 20, 1991 853 condition of probation, certain probationers may be required to complete satis factorily a program of incarceration or confinement in a "special alternative in carceration--probation boot camp" unit of the Department of Corrections for a period of 90 days from the time of initial confinement in the unit. The House amendment was as follows: Amend SB 177 on line 14, page 1, after the word "laws;" by adding the following: "to provide an effective date;"; and amend line 18, page 3, by adding a new Section 3 to read as follows: "Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.". Senator Dawkins of the 45th moved that the Senate agree to the House amendment to SB 177. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Bishop Bowen Broun Burton Coleman Collins Dawkins Deal Dean Echols Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Baldwin Clay (excused) Edge Johnson Phillips Shumake Steinberg On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 177. The following general bills and resolution of the Senate, favorably reported by the com mittees, were read the third time and put upon their passage: SB 184. By Senator Johnson of the 47th: A bill to amend Code Section 51-10-6 of the Official Code of Georgia Annotated, relating to the owner's right of action for damage to or theft involving personal property, so as to provide for the recovery of compensatory damages, minimum liquidated exemplary damages, reasonable attorney's fees, and costs in actions pursuant to this Code section in which the claim value does not exceed $5,000.00 854 JOURNAL OF THE SENATE and to provide for the recovery of damages from the parents or legal guardian of certain unemancipated minors liable under this Code section. The Senate Committee on Judiciary offered the following substitute to SB 184: A BILL To be entitled an Act to amend Code Section 51-10-6 of the Official Code of Georgia Annotated, relating to the owner's right of action for damage to or theft involving personal property, so as to provide for the recovery of compensatory damages, minimum liquidated exemplary damages, reasonable attorney's fees, and costs in actions pursuant to this Code section in which the claim value does not exceed $5,000.00; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 51-10-6 of the Official Code of Georgia Annotated, relating to the owner's right of action for damage to or theft involving personal property, is amended by striking paragraph (2) of subsection (a) and inserting in its place a new paragraph to read as follows: "(2) In any such action in which the value of the total claim, including exemplary dam ages, is less than $5,000.00, the property owner may recover compensatory damages, as de scribed in paragraph (1) of this subsection, and additionally may recover as liquidated ex emplary damages the greater of the two following amounts: either an amount equal to the award of compensatory damages in the action or an amount which, when added to the com pensatory damages award, will equal $150.00, plus reasonable attorney's fees, and the cost of maintaining the civil action if all of the following apply: (A) The property owner, at least 30 days prior to the riling of the action, provided written notice of a demand by personal delivery or certified mail, return receipt requested, for payment of the value of that personal property, the amount of any other loss sustained as a result of the willful damage or theft offense, and the liquidated exemplary damages set out in this paragraph upon the person who willfully damaged the property or who commit ted the theft offense; (B) Either the person who willfully damaged the personal property or who committed the theft offense did not make payment to the property owner of the amount specified in the demand within 30 days after the date of receipt of the written demand or did not enter into an agreement with the property owner during that 30 day period for such payment, or the person who willfully damaged the personal property or who committed the theft offense entered into an agreement with the property owner during that 30 day period for such pay ment but the person did not make such payment in accordance with the terms of the agree ment; and (C) The property owner did not file a civil complaint against the person who willfully damaged the personal property or who committed the theft offense prior to the expiration of 30 days after the date of service of the written demand upon the person, or, if the person had entered into an agreement with the property owner during that 30 day period for pay ment, prior to the day on which the person failed to make payment in accordance with the terms of the agreement, whichever is applicable." Section 2. Said Code section is further amended by striking subsection (b) and inserting in its place a new subsection (b) to read as follows: "(b) The person or persons against whom the property owner brings a civil action pur suant to this Code section shall be entitled to recover reasonable attorney's fees and court costs upon a finding that the claimant raised a claim which was without reasonable, factual, or legal support." WEDNESDAY, FEBRUARY 20, 1991 855 Section 3. Said Code section is further amended by striking subsection (c) and inserting in its place a new subsection (c) to read as follows: "(c) For purposes of paragraph (2) of subsection (a) of this Code section, written notice of demand for payment shall be substantially as follows: 'Upon reasonable cause, notice is given of (my) (our) demand for payment of damages in the amount of (state amount claimed: total should be $150.00 or twice the amount of the entire loss sustained by the property owner as a result of the willful damage or theft offense, whichever is greater) arising out of your (willful damage, theft, or unlawful conversion) of the following personal property owned by (the undersigned or other owner): (List affected property) _____________________________________ Pursuant to Code Section 51-10-6 of the Official Code of Georgia Annotated, you are further notified that if the above-stated amount is not paid, or a written agreement as to its pay ment is not reached, within 30 days of the date you receive this letter, (I) (we) (other owner) intend to bring an action against you for such amount, plus attorney's fees, plus court costs, and such other relief as the law provides. 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 Alien Bishop Bowen Burton Coleman Collins Dawkins Dpcefllll Dean Echols Edge Egan English Foster Garner Gillis Harnmill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Baldwin Broun Clay (excused) Shumake On the passage of the bill, the yeas were 52, nays 0. 856 JOURNAL OF THE SENATE The bill, having received the requisite constitutional majority, was passed by substitute. SR 179. By Senator English of the 21st: A resolution urging the Board of Natural Resources to adopt appropriate mea sures to exempt newly installed landscaping from local watering restrictions. 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 Alien Bishop Bowen Broun Burton Cf.man olh"s Dean Echois Edge English Foster Garner Gillis Hammill Harris Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Voting in the negative was Senator Henson. Those not voting were Senators: Baldwin Clay (excused) Egan Hasty Ray Shumake On the adoption of the resolution, the yeas were 49, nays 1. The resolution, having received the requisite constitutional majority, was adopted. SB 88. By Senator Deal of the 49th: A bill to amend Code Section 32-3-15 of the Official Code of Georgia Annotated, relating to interlocutory hearings on the amount of compensation in cases involv ing the acquisition of property for public road construction and other transporta tion purposes, so as to change the provisions relating to proceedings before a special master; to provide for evidence and testimony; to provide for applicability. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: WEDNESDAY, FEBRUARY 20, 1991 857 Those voting in the affirmative were Senators: Albert Alien Bishop Broun Burton Coleman Collins Dawkins Deal Dean Echols Egan Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Starr Steinberg Tate Taylor Thompson Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Baldwin Bowen Clay (excused) Edge English Scott Shumake Timmons On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. The following general bill of the Senate, having been read the third time and final ac tion suspended on February 18, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage: SB 144. By Senators Walker of the 22nd, Walker of the 43rd and Alien of the 2nd: 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 legislative intent; to provide definitions; to require minority business enterprises to be certified by the Department of Administrative Services before bidding on state contracts; to pro vide the requirements for certification as a minority business enterprise. The substitute to SB 144 offered by Senators Walker of the 22nd and Walker of the 43rd on February 18, as it appears in the Journal of February 18, was automatically recon sidered and put upon its adoption. On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the 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 Alien Bishop Broun Burton Coleman Dawkins Deal Dean Echols Foster Garner Gillis Hammill Harris 858 JOURNAL OF THE SENATE Henson Hill Hooks Muggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue PTP-eorl11rlayrdJ Ragan of 32nd Ray Robinson Scott Starr Steinberg Tate ,,ThilnUmillnpSsoUnil iurner Tysmger Walker of 43rd White Voting in the negative was Senator Collins. Those not voting were Senators: Baldwin Bowen Clay (excused) Edge Egan English Hasty Phillips Ragan of 10th Ramsey Shumake Taylor Timmons Walker of 22nd On the passage of the bill, the yeas were 41, nays 1. The bill, having received the requisite constitutional majority, was passed by substitute. 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 303. By Representatives Smyre of the 92nd, McKelvey of the 15th, Martin of the 26th and others: A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to revise comprehensively Chapter 8 of said title, known as the "Employment Security Law". 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 Alien Bishop Bowen Broun Burton Coleman Collins Dawkins Deal Dean Echols Edge Egan Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate WEDNESDAY, FEBRUARY 20, 1991 859 Taylor Thompson Timmons Turner Tysinger Walker of 43rd White Those not voting were Senators: Baldwin Clay (excused) English Walker of 22nd On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 173. By Representatives Lee of the 72nd, Groover of the 99th and Walker of the 115th: A bill to amend Article 2 of Chapter 3 of Title 28 of the Official Code of Georgia Annotated, relating to the Secretary of the Senate and the Clerk of the House of Representatives, so as to change provisions relating to succession to the office of Clerk of the House. Senate Sponsor: Senator Dean of the 31st. The Senate Committee on Rules offered the following substitute to HB 173: A BILL To be entitled an Act to amend Article 2 of Chapter 3 of Title 28 of the Official Code of Georgia Annotated, relating to the Secretary of the Senate, and the Clerk of the House of Representatives, so as to change provisions relating to succession to the offices of Clerk of the House and Secretary of the Senate; to provide for related matters; to provide an effec tive date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 3 of Title 28 of the Official Code of Georgia Annotated, relating to the Secretary of the Senate and the Clerk of the House of Representatives, is amended by striking Code Section 28-3-20 which reads as follows: "28-3-20. There shall be a Secretary of the Senate and a Clerk of the House of Repre sentatives, elected by the members of each house respectively by recorded vote; and a ma jority of votes cast is necessary to elect. Their terms of office shall be the time for which the members of the General Assembly are elected and until their successors are elected. In the event of a vacancy in the office of Clerk of the House of Representatives, the Speaker shall appoint a duly qualified person to fill such vacancy. The person so appointed shall serve for the remainder of the unexpired term. In the event of a vacancy in the office of Secretary of the Senate, the Assistant Secretary of the Senate shall serve as Secretary of the Senate until the next regular session.", and inserting in its place a new Code Section 28-3-20 to read as follows: "28-3-20. (a) There shall be a Secretary of the Senate and a Clerk of the House of Representatives, elected by the members of each house respectively by recorded vote; and a majority of votes cast is necessary to elect. Their terms of office shall be the time for which the members of the General Assembly are elected and until their successors are elected. (b) In the event of a vacancy in the office of Clerk of the House or the permanent disability of the Clerk of the House, the Speaker shall appoint a duly qualified person to succeed to the office of Clerk of the House. Any question concerning the existence of perma nent disability of the Clerk of the House shall be determined by the Speaker with the con currence of a majority of the chairmen of the standing committees of the House. Any person 860 JOURNAL OF THE SENATE succeeding to the office of Clerk of the House pursuant to this subsection shall serve for the remainder of the unexpired term. (c) In the event of a vacancy in the office of Secretary of the Senate or the permanent disability of the Secretary of the Senate, the President of the Senate shall appoint a duly qualified person to succeed to the office of Secretary of the Senate. Any question concerning the existence of permanent disability of the Secretary of the Senate shall be determined by the President of the Senate with the concurrence of a majority of the chairmen of the stand ing committees of the Senate. Any person succeeding to the office of Secretary of the Senate pursuant to this subsection shall serve for the remainder of the unexpired term." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute to HB 173 offered by the Senate Committee on Rules, the yeas were 0, nays 34, and the substitute was lost. Senators Deal of the 49th, Garner of the 30th and Dean of the 31st offered the following substitute to HB 173: A BILL To be entitled an Act to amend Article 2 of Chapter 3 of Title 28 of the Official Code of Georgia Annotated, relating to the Secretary of the Senate and the Clerk of the House of Representatives, so as to change provisions relating to succession to the offices of Clerk of the House and Secretary of the Senate; to provide for related matters; to provide an effec tive date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 3 of Title 28 of the Official Code of Georgia Annotated, relating to the Secretary of the Senate and the Clerk of the House of Representatives, is amended by striking Code Section 28-3-20 which reads as follows: "28-3-20. There shall be a Secretary of the Senate and a Clerk of the House of Repre sentatives, elected by the members of each house respectively by recorded vote; and a ma jority of votes cast is necessary to elect. Their terms of office shall be the time for which the members of the General Assembly are elected and until their successors are elected. In the event of a vacancy in the office of Clerk of the House of Representatives, the Speaker shall appoint a duly qualified person to fill such vacancy. The person so appointed shall serve for the remainder of the unexpired term. In the event of a vacancy in the office of Secretary of the Senate, the Assistant Secretary of the Senate shall serve as Secretary of the Senate until the next regular session.", and inserting in its place a new Code Section 28-3-20 to read as follows: "28-3-20. (a) There shall be a Secretary of the Senate and a Clerk of the House of Representatives, elected by the members of each house respectively by recorded vote; and a majority of votes cast is necessary to elect. Their terms of office shall be the time for which the members of the General Assembly are elected and until their successors are elected. (b) In the event of a vacancy in the office of Clerk of the House or the permanent disability of the Clerk of the House, the Speaker shall appoint a duly qualified person to succeed to the office of Clerk of the House. Any question concerning the existence of perma nent disability of the Clerk of the House shall be determined by the Speaker with the con currence of a majority of the chairmen of the standing committees of the House. Any person succeeding to the office of Clerk of the House pursuant to this subsection shall serve for the remainder of the unexpired term. (c) (1) In the event of a vacancy in the office of Secretary of the Senate while the Senate is not in session or the permanent disability of the Secretary of the Senate while the Senate WEDNESDAY, FEBRUARY 20, 1991 861 is not in session, the President Pro Tempore of the Senate shall appoint a duly qualified person to succeed to the office of Secretary of the Senate. Any person succeeding to the office of Secretary of the Senate pursuant to this paragraph shall serve until the next session of the General Assembly, at which time the Senate shall elect a duly qualified person to serve for the remainder of the unexpired term, if any. (2) In the event of a vacancy in the office of the Secretary of the Senate while the Senate is in session or the permanent disability of the Secretary of the Senate while the Senate is in session, the Senate shall elect a duly qualified person to serve for the remainder of the unexpired term. (3) Any question concerning the existence of permanent disability of the Secretary of the Senate shall be determined by the President of the Senate with the concurrence of a majority of the chairmen of the standing committees of the Senate." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute offered by Senators Deal of the 49th, Garner of the 30th and Dean of the 31st, the yeas were 37, nays 0, and the substitute was adopted. The President announced that, pursuant to Senate Rule 143, consideration of HB 173 would be suspended and placed on the Senate General Calendar. HB 441. By Representatives Cummings of the 17th, Baker of the 51st and Smith of the 78th: A bill to amend Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firemen's Pension Fund, so as to provide certain defini tions; to change the requirements for eligibility in such fund; to change certain provisions relating to leaves of absence from and reinstatement to such fund. Senate Sponsor: Senator Pollard of the 24th. The following Certification, as required by law, was read by the Secretary: Department of Audits 254 Washington Street, SW 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 29, 1991 SUBJECT: House Bill 441 (LC 21 0904) Georgia Firemen's Pension Fund This bill would amend various provisions relating to the Georgia Firemen's Pension Fund. The bill would revise certain definitions and change provisions relating to require ments for eligibility and retirement benefits; the duties and service requirements of mem bers; leave of absence and reinstatement to the fund; and membership of persons other than firemen. The bill also establishes a $100 fee for reinstatement to the fund under certain conditions and establishes a penalty for falsifying records of the fund. Provisions would also be made to recover any overpayments made to members of the fund. 862 JOURNAL OF THE SENATE This is to certify that this is a nonfiscal retirement bill as defined in the Public Retire ment Systems Standards Law. 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 Alien Bishop Bowen Broun u,rton C?man CDoalwlmkisns Dean Echols Edge Egan Foster Gillis Hammill Harris Hasty Hill Hooks Huggins Kidd ,Langf,.ord, Marable Move Newbill Olmstead Perdue Perry Pollard Ragan of 32nd Ramsey Ray Robinson Scott Shumake S,,.tem. b, erg Tate Thompson Turner Tysinger Walker of 43rd White Those not voting were Senators: Baldwin Clay (excused) Deal (excused conferee) English Garner (excused conferee) Henson Johnson (excused conferee) Phillips Ragan of 10th Starr Taylor Timmons Walker of 22nd On the passage of the bill, the yeas were 43, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 134. By Representative Watson of the 114th: A bill to amend Article 2 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to security deposits with respect to landlords and tenants, so as to change the provisions relating to liability for rent of military personnel re ceiving change of duty orders. Senate Sponsor: Senator Perdue 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 Alien Bishop Bowen Broun Burton WEDNESDAY, FEBRUARY 20, 1991 863 Coleman Collins Dawkins Deal Dean Echols Edge Egan Foster Gillis Hammill Harris Hasty Hill Hooks Huggins Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Turner Tysinger Walker of 43rd Those not voting were Senators: Baldwin Clay (excused) English Garner (excused conferee) Henson Johnson (excused conferee) Phillips Shumake Timmons Walker of 22nd White On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 281. By Representatives Watson of the 114th and Pettit of the 19th: 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. 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 Alien Bishop Broun Burton Coleman Collins Dawkins Dean Echols Edge Egan Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Thompson Turner Tysinger Walker of 43rd White 864 JOURNAL OF THE SENATE Those voting in the negative were Senators: Bowen Foster Pollard Ragan of 10th Those not voting were Senators: Baldwin Clay (excused) Deal (excused conferee) English Garner (excused conferee) Taylor Johnson (excused conferee) Timmons Shumake Walker of 22nd On the passage of the bill, the yeas were 42, nays 4. The bill, having received the requisite constitutional majority, was passed. HB 400. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th and others: A bill to amend Chapter 20 of Title 33 of the Official Code of Georgia Annotated, relating to health care plans, so as to provide for purpose and construction; to revise provisions regarding formation of health care corporations. Senate Sponsor: Senator Robinson of the 16th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Bishop Bowen Broun B Co^em011an CPDD.oaelwalnm,km.s s Echols Edge Egan English Foster Gillis Hammill Harris Hasty Henson Hill HHuogogkms * ,M. arab,,le Moye Newbi11 Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson SShcoutmt ake cSStt. eamr. rberg Tate Thompson Turner Tysinger Walker of 43rd White Voting in the negative was Senator Langford. Those not voting were Senators: Baldwin Clay (excused) Deal (excused conferee) Garner (excused conferee) Taylor Johnson (excused conferee) Timmons Kidd Walker of 22nd On the passage of the bill, the yeas were 46, nays 1. The bill, having received the requisite constitutional majority, was passed. WEDNESDAY, FEBRUARY 20, 1991 865 Senator Gillis of the 20th assumed the Chair at the direction of the President. HR 160. By Representatives Colwell of the 4th, Dobbs of the 74th, Smith of the 78th and others: A resolution authorizing the granting of nonexclusive easements for operation and maintenance of utility, telecommunication, or sanitation facilities in, on, over, under, upon, across, or through property owned by the State of Georgia in Bryan, Calhoun, Dooly, Floyd, Houston, Mitchell, Richmond, Tattnall, Washing ton, and Wilcox Counties, Georgia. Senate Sponsor: Senator Starr of the 44th. The Senate Committee on Finance and Public Utilities offered the following amendment: Amend HR 160 by striking from: line 19 of page 4; line 14 of page 7; line 10 of page 10; line 8 of page 13; line 5 of page 16; line 2 of page 19; line 2 of page 22; line 24 of page 24; line 19 of page 27; and line 14 of page 30; the following: "$10.00", and inserting in lieu thereof at each of the ten designated places in said resolution the following: "$650.00". On the adoption of the amendment, the yeas were 1, nays 29, and the amendment was lost. The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Bishop Burton Coleman Collins Dawkins Dean Echols Egan English Foster Harris Hasty Henson Hill Hooks Huggins Kidd Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard 866 JOURNAL OF THE SENATE Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Thompson Turner Tysinger Walker of 43rd White Those not voting were Senators: Baldwin Bowen Broun Clay (excused) Deal (excused conferee) Edge Garner (excused conferee) Gillis (presiding) Hammill Johnson (excused conferee) Langford Shumake Taylor Timmons Walker of 22nd On the adoption of the resolution, the yeas were 41, nays 0. The resolution, having received the requisite constitutional majority, was adopted. HB 484. By Representatives Cummings of the 17th, Buck of the 95th and Floyd of the 135th: A bill to amend Code Section 47-17-22 of the Official Code of Georgia Annotated, relating to the powers and duties of the Board of Commissioners of the Peace Officers' Annuity and Benefit Fund, so as to authorize such board to correct cer tain errors in records which result in an overpayment or an underpayment to a beneficiary. Senate Sponsor: Senator Tate of the 38th. The following Certification, as required by law, was read by the Secretary: Department of Audits 254 Washington Street, SW 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 18, 1991 SUBJECT: House Bill 484 (LC 21 0853) Peace Officers' Annuity and Benefit Fund This bill provides authority for the Board of Commissioners of the Peace Officers' An nuity and Benefit Fund to correct certain errors in records which result in an overpayment or an underpayment to a beneficiary. 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: WEDNESDAY, FEBRUARY 20, 1991 867 Those voting in the affirmative were Senators: Albert Alien Broun Burton Coleman Collins Dawkins Echols English Foster Hammill Harris Hasty Henson Hill Hooks Huggins Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Voting in the negative was Senator Egan. Those not voting were Senators: Baldwin Bishop Bowen Clay (excused) Deal (excused conferee) Dean Edge Garner (excused conferee) Gillis (presiding) Johnson (excused conferee) Ragan of 10th Shumake Taylor On the passage of the bill, the yeas were 42, nays 1. The bill, having received the requisite constitutional majority, was passed. Senator Deal of the 49th introduced the doctor of the day, Dr. Fred Thomas, of Gainesville, Georgia. 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 287. By Representatives Greene of the 130th, Edwards of the 112th, Holmes of the 28th and Canty of the 38th: A bill to amend Chapter 45 of Title 36 of the Official Code of Georgia Annotated, known as the "Georgia Municipal Training Act," so as to designate existing Code sections as Article 1; to change the composition of the board of directors of the Georgia Municipal Training Institute. 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: Alien Bishop Bowen Broun Burton Coleman Collins Dawkins Dean Echols Egan Foster Hammill Harris Hasty 868 JOURNAL OF THE SENATE Henson Hill Hooks KiUJdd!inS Langford Marable Moye Newbill Olmstead Perdue Perry nPoh!l,lUairPd/ Ragan of 32nd Ramsey Ray Robinson Steinberg Tate Taylor T_,im.mons lysmger Walker of 22nd Walker of 43rd White Those not voting were Senators: Albert Baldwin Clay (excused) Deal (excused conferee) Edge English Garner (excused conferee) Gillis (presiding) Johnson (excused conferee) Ragan of 10th Scott Shumake Starr Thompson Turner On the passage of the bill, the yeas were 41, nays 0. The bill, having received the requisite constitutional majority, was passed. HR 73. By Representatives Coleman of the 118th and Colwell of the 4th: A resolution authorizing the granting of a nonexclusive easement for operation and maintenance of a sanitary sewer line in, on, over, under, upon, across, or through property owned by the State of Georgia in Dodge County, Georgia. Senate Sponsor: Senator Ray of the 19th. The Senate Committee on Finance and Public Utilities offered the following substitute to HR 73: A RESOLUTION Authorizing the granting of a nonexclusive easement for operation and maintenance of a sanitary sewer line in, on, over, under, upon, across, or through property owned by the State of Georgia in Dodge County, Georgia; authorizing the granting of a nonexclusive ease ment for operation and maintenance of a natural gas line in, on, over, under, upon, across, or through property owned by the State of Georgia in Calhoun County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS: (1) The State of Georgia is the owner of certain real property located in Dodge County, Georgia, which is in the custody of the Department of Corrections, utilized as the Eastman Youth Facility; (2) The City of Eastman, Dodge County, desires to construct, operate, and maintain a sanitary sewer line in, on, over, under, upon, across, or through a portion of said property; (3) The Department of Corrections agrees with the granting of this easement to the City of Eastman, Dodge County, for the above-described purposes; (4) This sanitary sewer line in, on, over, under, upon, across, or through the abovedescribed state owned property would be beneficial to the State of Georgia; and (5) A three-year revocable license has been granted to the City of Eastman, Dodge County, by the State Properties Commission for the purposes set forth in this resolution; and WEDNESDAY, FEBRUARY 20, 1991 869 WHEREAS: (1) The State of Georgia is the owner of certain real property located in Calhoun County, Georgia, which is in the custody of the Department of Corrections, utilized as the Calhoun Correctional Institution; (2) The City of Edison, Calhoun County, desires to construct, operate, and maintain a natural gas line in, on, over, under, upon, across, or through a portion of said property; (3) The Department of Corrections agrees with the granting of this easement to the City of Edison, Calhoun County, for the above-described purposes; (4) This natural gas line in, on, over, under, upon, across, or through the above-de scribed state owned property would be beneficial to the State of Georgia; and (5) A three-year revocable license has been granted to the City of Edison, Calhoun County, by the State Properties Commission for the purposes set forth in this resolution. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL AS SEMBLY OF GEORGIA: ARTICLE I Section 1. (a) That the State of Georgia is the owner of the hereinafter described real property in Dodge County, hereinafter referred to as the "easement area," and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. (b) That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Eastman, Dodge County, or its successors and assigns a nonexclu sive easement for the construction, operation, and maintenance of a sanitary sewer line in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing a sanitary sewer line, 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 easement area is located in Land Lots 305 and 306, District 16 of Dodge County, Georgia, and is more particularly described as follows: That portion and that portion only as shown on a plat entitled "City of Eastman, Dodge County" on property in the custody of the Department of Corrections, which plat was prepared by Walter P. Copeland, Georgia Registered Land Surveyor No. 2271. This plat indicating the easement area is on file in the office of the State Properties Commission. (c) That the above-described premises shall be used solely for the purpose of installing, maintaining, repairing, replacing, inspecting, and operating said sanitary sewer line. (d) That, after the City of Eastman, Dodge County, has put into use the sanitary sewer line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia or its successors and assigns of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Eastman, Dodge County, or its successors and assigns shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall be come the property of the State of Georgia or its successors and assigns. (e) That no title shall be conveyed to the City of Eastman, Dodge County, and, except as herein specifically granted to the City of Eastman, Dodge County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Eastman, Dodge County. (f) That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated in order to avoid interference with the state's use or intended use of the ease- 870 JOURNAL OF THE SENATE ment area, the City of Eastman, Dodge County, shall remove or relocate its facilities at its sole cost and expense. (g) That the easement granted to the City of Eastman, Dodge County, shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Com mission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. (h) That the consideration for such easement shall be for the fair market value but not less than $650.00 and upon such further consideration and provisions as the State Proper ties Commission may determine to be in the best interest of the State of Georgia. (i) That the grant of easement shall be recorded by the Grantee in the Superior Court of Dodge County and a recorded copy shall be forwarded to the State Properties Commission. (j) That the authorization in this article to grant the above-described easement to the City of Eastman, Dodge County, shall expire three years after the date that this resolution becomes effective. (k) 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 2. (a) That the State of Georgia is the owner of the hereinafter described real property in Calhoun County, hereinafter referred to as the "easement area," and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. (b) That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Edison, Calhoun County, or its successors and assigns a nonexclu sive easement for the construction, operation, and maintenance of a natural gas line in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing a natural gas line, 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 easement area is located in Land Lot 162, District 3 of Calhoun County, Georgia, and is more particularly described as follows: That portion and that portion only as shown on a plat entitled "Sketch of Revocable License Required by City of Edison" on property in the custody of the Department of Cor rections, which plat was prepared by Bobby Ellis, Georgia Registered Land Surveyor No. 2004. This plat indicating the easement area is on file in the office of the State Properties Commission. (c) That the above-described premises shall be used solely for the purpose of installing, maintaining, repairing, replacing, inspecting, and operating said natural gas line. (d) That, after the City of Edison, Calhoun County, has put into use the natural gas line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia or its successors and assigns of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Edison, Calhoun County, or its successors and assigns shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall be come the property of the State of Georgia or its successors and assigns. (e) That no title shall be conveyed to the City of Edison, Calhoun County, and, except as herein specifically granted to the City of Edison, Calhoun County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make WEDNESDAY, FEBRUARY 20, 1991 871 any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Edison, Calhoun County. (f) That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated in order to avoid interference with the state's use or intended use of the ease ment area, the City of Edison, Calhoun County, shall remove or relocate its facilities at its sole cost and expense. (g) That the easement granted to the City of Edison, Calhoun County, shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Com mission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. (h) That the consideration for such easement shall be for the fair market value but not less than $650.00 and upon such further consideration and provisions as the State Proper ties Commission may determine to be in the best interest of the State of Georgia. (i) That the grant of easement shall be recorded by the Grantee in the Superior Court of Calhoun County and a recorded copy shall be forwarded to the State Properties Commission. (j) That the authorization in this article to grant the above-described easement to the City of Edison, Calhoun County, shall expire three years after the date that this resolution becomes effective. (k) 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 III Section 3. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4. That all laws and parts of laws in conflict with this resolution are repealed. On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the adoption of the resolution 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: Alien Baldwin Bishop Bowen Broun Burton Coleman Collins Dawkins Deal Dean Echols Edge Egan Foster Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate 872 JOURNAL OF THE SENATE Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Albert Clay (excused) English Garner Gillis (presiding) Shumake On the adoption of the resolution, the yeas were 50, nays 0. The resolution, having received the requisite constitutional majority, was adopted by substitute. HB 259. By Representatives Stephens of the 68th and Jones of the 71st: A bill to amend Code Section 9-3-29 of the Official Code of Georgia Annotated, relating to actions for breach of restrictive covenants, so as to expand applicabil ity of the statute of limitations on such actions to violations of building set-back lines. Senate Sponsor: Senator Robinson of the 16th. The Senate Committee on Special Judiciary offered the following substitute to HB 259: A BILL To be entitled an Act to amend Code Section 9-3-29 of the Official Code of Georgia Annotated, relating to actions for breach of restrictive covenants, so as to expand applicabil ity of the statute of limitations on such actions to violations of building set-back lines; to provide that this Code section shall not affect limitations on actions in equity; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 9-3-29 of the Official Code of Georgia Annotated, relating to actions for breach of restrictive covenants, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 9-3-29 to read as follows: "9-3-29. All actions for breach of any covenant restricting lands to certain uses shall be brought within two years after the right of action accrues. This Code section shall apply to rights of action which may accrue as a result of the violation of a building set-back line. For the purpose of this Code section, the right of action shall accrue immediately upon the violation of the covenant restricting lands to certain uses or the violation of a set-back line provision. This Code section shall not be construed so as to extend any applicable statute of limitations affecting actions in equity." Section 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Alien Baldwin Bowen Broun Burton Coleman WEDNESDAY, FEBRUARY 20, 1991 873 Collins Dawkins Dean Echols Edge English Foster Garner Hammill Harris Hasty Henson Hooks Huggins Johnson Kidd Marable Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Albert Bishop Clay (excused) Deal Egan Gillis (presiding) Hill Langford Moye Shumake Starr On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. HB 442. By Representatives Buck of the 95th, Floyd of the 135th, Powell of the 13th and others: A bill to amend Code Section 47-16-61 of the Official Code of Georgia Annotated, relating to payments to the Sheriffs' Retirement Fund of Georgia from fees col lected in civil actions, so as to increase the additional sum collected in certain civil actions. Senate Sponsor: Senator Ramsey of the 54th. The following Certification, as required by law, was read by the Secretary: Department of Audits 254 Washington Street, SW Room 214 Atlanta, Georgia 30334-8400 STATE AUDITOR'S CERTIFICATION TO: The Honorable Thomas B. Buck III State Representative FROM: G. W. Hogan, State Auditor DATE: January 16, 1991 SUBJECT: House Bill 442 (LC 21 0804) Sheriffs' Retirement Fund This bill increases the fee charged in civil actions filed in the state court or magistrate court from $.50 to $1.00. The fees collected from such civil actions would be remitted to the board of the Sheriffs' Retirement Fund. 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 874 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: Alien Baldwin Bishop Bowen Broun Burton Colfl,lmnsan Dean gcnoj English Foster Garner Hammill Harris Hasty Hill Hooks Huggins Johnson Kidd Langford MMoayraeble Newbi11 Olmstead Perdue Perrv Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr STtaetienberg Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Albert Clay (excused) Dawkins Edge Egan Gillis (presiding) Henson On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed. 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 189. Respectfully submitted, /s/ Waymond C. Huggins, Chairman Senator, District 53 Senator Garner of the 30th moved that the Senate do now adjourn until 9:15 o'clock A.M. tomorrow, and the motion prevailed. At 11:27 o'clock A.M., Senator Gillis of the 20th, who was presiding at the direction of the President, announced the Senate adjourned until 9:15 o'clock A.M. tomorrow. THURSDAY, FEBRUARY 21, 1991 875 Senate Chamber, Atlanta, Georgia Thursday, February 21, 1991 Twenty-sixth Legislative Day The Senate met pursuant to adjournment at 9:15 o'clock A.M. today and was called to order by the President. Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House and Senate: HB 764. By Representatives Dixon of the 151st and Blitch of the 150th: A bill to amend an Act creating the Downtown Waycross Development Author ity, so as to change the composition of the Authority; to provide for the term of office of the additional member; to authorize the Authority to contract with Ware County for the collection of any taxes levied by the Authority. HB 766. By Representatives Jamieson of the llth, Dover of the llth and Beatty 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 12. By Representatives Lane of the 27th, Hamilton of the 124th, Watson of the 114th and Bostick of the 138th: A bill to amend Code Section 1-2-11 of the Official Code of Georgia Annotated, relating to the rights of aliens generally, so as to make an exception for other laws which limit the rights of aliens to own or purchase real estate. HB 607. By Representative Lane of the 27th: A bill to amend an Act authorizing municipal corporations in this state having a population of more than 400,000 according to the last or any future federal de cennial census, to become self-insurers under the provisions of the law relating to the purchase of insurance covering injuries resulting from the governmental own ership of motor vehicles, so as to change the population figures. HB 608. By Representative Lane of the 27th: A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to change the population requirements of those provi sions of said title applicable to municipalities having a certain population. HB 609. By Representative Lane of the 27th: A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change the population requirements of those pro- 876 JOURNAL OF THE SENATE visions of said title applicable to municipalities having a population of 400,000 or more. HB 611. By Representative Lane of the 27th: A bill to amend Code Section 50-5-184 of the Official Code of Georgia Annotated, relating to the coordination of joint use of public safety radio services owned or used by state, county, and municipal governments, so as to change the popula tion requirements of said Code section. HB 612. By Representative Lane of the 27th: A bill to repeal an Act providing for the creation and operation of city business improvement districts within municipalities having a population of more than 400,000 according to the United States decennial census of 1980, or any future such census. HB 614. By Representative Lane of the 27th: A bill to amend Code Section 8-3-50 of the Official Code of Georgia Annotated, relating to the appointment, qualifications, and tenure of housing authority com missioners, so as to change the population requirements of said Code section ap plicable to municipalities having a certain population. HB 615. By Representative Lane of the 27th: A bill to amend Code Section 22-4-11.1 of the Official Code of Georgia Anno tated, relating to municipalities with populations of 400,000 or more, according to the United States decennial census of 1970 or any future census, exercising pow ers for public works projects not financed in whole or in part from federal funds, so as to change the population requirements; to repeal a specific Act. HB 319. By Representatives Herbert of the 76th, Poston of the 2nd, Kilgore of the 42nd and Adams of the 79th: A bill to amend Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, known as the "Nonpublic Postsecondary Educational In stitutions Act of 1990," so as to provide for a tuition guaranty trust fund to be established from fees paid by nonpublic postsecondary educational institutions. HB 739. By Representatives Chambless of the 133rd, Thomas of the 69th and Pettit of the 19th: A bill to amend Article 1 of Chapter 9 of Title 14 of the Official Code of Georgia Annotated, relating to general provisions relative to the Georgia Revised Uniform Limited Partnership Act, so as to change the provisions relating to indemnifica tion of partners and other persons. HB 470. By Representative Pinkston of the 100th: A bill to amend Code Section 7-1-709 of the Official Code of Georgia Annotated, relating to the applicability of provisions regulating and licensing check cashers, so as to change an exemption from the requirement of obtaining a license to cash checks. HB 15. By Representative Lane of the 27th: A bill to amend Article 1 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions concerning the registration and licens ing of motor vehicles, so as to make it unlawful for any person willfully to muti late, obliterate, deface, alter, change, or conceal the county designation on any license plate issued under the motor vehicle registration laws of this state or THURSDAY, FEBRUARY 21, 1991 877 knowingly to operate a vehicle bearing a license plate on which any county desig nation has been willfully mutilated, obliterated, defaced, altered, changed, or concealed. HB 584. By Representatives Childers of the 15th, McKelvey of the 15th, Smith of the 16th and Kilgore of the 42nd: A bill to amend Code Section 20-5-42 of the Official Code of Georgia Annotated, relating to membership of boards of trustees of county and regional libraries, so as to authorize members of the governing authority of any county, municipality, or governmental agency financially supporting a library to serve as members of the board of trustees. HB 344. By Representative Lawson of the 9th: A bill to amend Code Section 20-2-2002 of the Official Code of Georgia Anno tated, relating to the establishment of an interlocal risk management agency for boards of education, and Code Section 36-85-1 of the Official Code of Georgia Annotated, relating to definitions used with respect to interlocal risk manage ment agencies, so as to authorize boards of education of independent school sys tems to participate in the interlocal risk management agency for municipalities. HB 679. By Representative Thomas of the 69th: A bill to amend Code Section 15-18-44 of the Official Code of Georgia Annotated, relating to the powers and duties of the Prosecuting Attorneys' Council, so as to allow the compensation of administrative or clerical personnel employed by the council out of council funds when they are receiving retirement compensation from a county or municipal retirement plan for past services. HB 569. By Representatives Walker of the 113th, Skipper of the 116th, Holland of the 136th, Campbell of the 23rd, Walker of the 115th and others: A bill to amend Code Section 44-7-51 of the Official Code of Georgia Annotated, relating to the issuance of summons, service, answers, defenses, and counter claims in dispossessory proceedings, so as to provide that a clerk or deputy clerk of the magistrate court may grant and issue such summons. SB 112. By Senators Ramsey of the 54th and Hasty of the 51st: A bill to amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to district attorneys generally, so as to provide that a district attorney who is performing ordered military duty shall be eligible for reelection to such office; to provide procedures for such officer to qualify for reelection for such office; to provide for an effective date. The House has adopted by the requisite constitutional majority the following resolution of the House: HR 101. By Representatives Hamilton of the 124th, Snow of the 1st, Milam of the 81st, Byrd of the 153rd, Poston of the 2nd and others: A resolution urging the creation of the Georgia Council on Environmental Quality. The House insists on its position in amending the following bill of the Senate: 878 JOURNAL OF THE SENATE SB 64. By Senator Kidd of the 25th: A bill to amend an Act establishing a new charter for the City of Milledgeville, as amended, so as to change the compensation of the mayor and aldermen of said city. The House has agreed to the Senate substitute to the following bill of the House: HB 647. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th: A bill to provide for the creation of one or more community improvement dis tricts in Douglas County. The following bills and resolutions of the Senate were introduced, read the first time and referred to committees: SB 360. By Senator Steinberg of the 42nd: A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to authorize a trier of fact, in the exercise of sound discretion, to order an obligor to continue to provide health care or financial as sistance to a child who has reached the age of majority but who is unable to provide for his or her needs or to continue to provide financial assistance to en able a child to complete his or her secondary school education or to attend a college, university, or vocational school. Referred to Committee on Judiciary. SB 361. 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; to provide the amounts of and qualifications for said exemptions. Referred to Committee on Urban and County Affairs. SB 362. By Senator Edge of the 28th: A bill to provide for the Griffin-Spalding County Personal Care Health Board, a board to take such actions and do such things as it shall deem necessary and proper to inspect and license personal care health facilities; to provide for the board to be administratively attached to the Spalding County Board of Health; to provide for the membership and the appointment of members of the board. Referred to Committee on Urban and County Affairs. SB 363. By Senator Walker of the 22nd: A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide a definition; to provide for the subrogation rights of employers and matters relative to the exercise of those rights; to provide for the approval of attorney's fees and the maximum amounts of such fees. Referred to Committee on Insurance and Labor. THURSDAY, FEBRUARY 21, 1991 879 SB 364. By Senators Hasty of the 51st and Deal of the 49th: A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, so as to create a new third judgeship for the Blue Ridge Judicial Circuit; to provide for the initial appointment, election, and term of office of said judge; to provide for the manner of impaneling jurors. Referred to Committee on Judiciary. SB 365. By Senators Hammill of the 3rd, Echols of the 6th and Perry of the 7th: A bill to amend Article 3 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to the personnel of emergency medical services, so as to re move certain recertification standards, continuing education, and active practice requirements. Referred to Committee on Health and Human Services. SB 366. By Senator Thompson of the 33rd: A bill to amend an Act creating the Cobb-Marietta Coliseum and Exhibit Hall Authority, as amended, so as to change the provisions regarding the appointment of members of the authority; to provide for terms of office; to provide for the filling of vacancies. Referred to Committee on Urban and County Affairs. SB 367. By Senator Deal of the 49th: A bill to amend Code Section 16-12-35 of the Official Code of Georgia Annotated, relating to manufacture and sale of printed materials and equipment for use in a lottery conducted by a state or foreign country, so as to delete the provisions requiring such lottery to be conducted by a state or foreign country. Referred to Committee on Judiciary. SB 368. By Senator Baldwin of the 29th: A bill to amend an Act creating the Downtown LaGrange Development Author ity, as amended, so as to permit the authority to buy, acquire, develop, improve, own, operate, maintain, sell, lease and mortgage property; to permit the authority to exercise eminent domain for the purpose of this Act. Referred to Committee on Urban and County Affairs. SB 369. By Senator Baldwin of the 29th: 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 provide for a definition of the term "telephone company" as used in the requirements relating to county-wide local calling. Referred to Committee on Finance and Public Utilities. SB 370. By Senators Deal of the 49th and Kidd of the 25th: A bill to amend Code Section 35-6A-3 of the Official Code of Georgia Annotated, relating to membership of the Criminal Justice Coordinating Council, so as to change the membership of the council; to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for chil dren and youth, so as to create the Georgia Commission on Juvenile Justice as a successor to the Juvenile Justice Coordinating Council and the Commission on Children and Youth. Referred to Committee on Governmental Operations. 880 JOURNAL OF THE SENATE SB 371. By Senator 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 for an additional supplement for the chief judge; to provide an effective date. Referred to Committee on Urban and County Affairs. SR 203. By Senators Henson of the 55th, Moye of the 34th, Walker of the 43rd and Steinberg of the 42nd: A resolution creating the Senate Study Committee on Teenage Pregnancy Rate Reduction. Referred to Committee on Rules. SR 205. By Senators Foster of the 50th, Ragan of the 10th, Deal of the 49th and Broun of the 46th: A resolution creating the special Study Commission on Postsecondary Technical and Adult Education Finance. Referred to Committee on Rules. The following bills and resolution of the House were read the first time and referred to committees: HB 12. By Representatives Lane of the 27th, Hamilton of the 124th, Watson of the 114th and Bostick of the 138th: A bill to amend Code Section 1-2-11 of the Official Code of Georgia Annotated, relating to the rights of aliens generally, so as to make an exception for other laws which limit the rights of aliens to own or purchase real estate. Referred to Committee on Special Judiciary. HB 15. By Representative Lane of the 27th: A bill to amend Article 1 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions concerning the registration and licens ing of motor vehicles, so as to make it unlawful for any person willfully to muti late, obliterate, deface, alter, change, or conceal the county designation on any license plate issued under the motor vehicle registration laws of this state or knowingly to operate a vehicle bearing a license plate on which any county desig nation has been willfully mutilated, obliterated, defaced, altered, changed, or concealed. Referred to Committee on Public Safety. HB 319. By Representatives Herbert of the 76th, Poston of the 2nd, Kilgore of the 42nd and Adams of the 79th: A bill to amend Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, known as the "Nonpublic Postsecondary Educational In stitutions Act of 1990," so as to provide for a tuition guaranty trust fund to be established from fees paid by nonpublic postsecondary educational institutions. Referred to Committee on Higher Education. HB 344. By Representative Lawson of the 9th: A bill to amend Code Section 20-2-2002 of the Official Code of Georgia Anno tated, relating to the establishment of an interlocal risk management agency for boards of education, and Code Section 36-85-1 of the Official Code of Georgia Annotated, relating to definitions used with respect to interlocal risk manage- THURSDAY, FEBRUARY 21, 1991 881 ment agencies, so as to authorize boards of education of independent school sys tems to participate in the interlocal risk management agency for municipalities. Referred to Committee on Education. HB 470. By Representative Pinkston of the 100th: A bill to amend Code Section 7-1-709 of the Official Code of Georgia Annotated, relating to the applicability of provisions regulating and licensing check cashers, so as to change an exemption from the requirement of obtaining a license to cash checks. Referred to Committee on Banking and Financial Institutions. HB 569. By Representatives Walker of the 113th, Skipper of the 116th, Holland of the 136th and others: A bill to amend Code Section 44-7-51 of the Official Code of Georgia Annotated, relating to the issuance of summons, service, answers, defenses, and counter claims in dispossessory proceedings, so as to provide that a clerk or deputy clerk of the magistrate court may grant and issue such summons. Referred to Committee on Special Judiciary. HB 584. By Representatives Childers of the 15th, McKelvey of the 15th, Smith of the 16th and Kilgore of the 42nd: A bill to amend Code Section 20-5-42 of the Official Code of Georgia Annotated, relating to membership of boards of trustees of county and regional libraries, so as to authorize members of the governing authority of any county, municipality, or governmental agency financially supporting a library to serve as members of the board of trustees. Referred to Committee on Education. HB 607. By Representative Lane of the 27th: A bill to amend an Act authorizing municipal corporations in this state having a population of more than 400,000 according to the last or any future federal de cennial census, to become self-insurers under the provisions of the law relating to the purchase of insurance covering injuries resulting from the governmental own ership of motor vehicles, so as to change the population figures. Referred to Committee on Urban and County Affairs (General). HB 608. By Representative Lane of the 27th: A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to change the population requirements of those provi sions of said title applicable to municipalities having a certain population. Referred to Committee on Urban and County Affairs (General). HB 609. By Representative Lane of the 27th: A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change the population requirements of those pro visions of said title applicable to municipalities having a population of 400,000 or more. Referred to Committee on Urban and County Affairs (General). HB 611. By Representative Lane of the 27th: A bill to amend Code Section 50-5-184 of the Official Code of Georgia Annotated, relating to the coordination of joint use of public safety radio services owned or 882 JOURNAL OF THE SENATE used by state, county, and municipal governments, so as to change the popula tion requirements of said Code section. Referred to Committee on Urban and County Affairs (General). HB 612. By Representative Lane of the 27th: A bill to repeal an Act providing for the creation and operation of city business improvement districts within municipalities having a population of more than 400,000 according to the United States decennial census of 1980, or any future such census. Referred to Committee on Urban and County Affairs (General). HB 614. By Representative Lane of the 27th: A bill to amend Code Section 8-3-50 of the Official Code of Georgia Annotated, relating to the appointment, qualifications, and tenure of housing authority com missioners, so as to change the population requirements of said Code section ap plicable to municipalities having a certain population. Referred to Committee on Urban and County Affairs (General). HB 615. By Representative Lane of the 27th: A bill to amend Code Section 22-4-11.1 of the Official Code of Georgia Anno tated, relating to municipalities with populations of 400,000 or more, according to the United States decennial census of 1970 or any future census, exercising pow ers for public works projects not financed in whole or in part from federal funds, so as to change the population requirements; to repeal a specific Act. Referred to Committee on Urban and County Affairs (General). HB 679. By Representative Thomas of the 69th: A bill to amend Code Section 15-18-44 of the Official Code of Georgia Annotated, relating to the powers and duties of the Prosecuting Attorneys' Council, so as to allow the compensation of administrative or clerical personnel employed by the council out of council funds when they are receiving retirement compensation from a county or municipal retirement plan for past services. Referred to Committee on Special Judiciary. HB 739. By Representatives Chambless of the 133rd, Thomas of the 69th and Pettit of the 19th: A bill to amend Article 1 of Chapter 9 of Title 14 of the Official Code of Georgia Annotated, relating to general provisions relative to the Georgia Revised Uniform Limited Partnership Act, so as to change the provisions relating to indemnifica tion of partners and other persons. Referred to Committee on Special Judiciary. HB 764. By Representatives Dixon of the 151st and Blitch of the 150th: A bill to amend an Act creating the Downtown Waycross Development Author ity, so as to change the composition of the Authority; to provide for the term of office of the additional member; to authorize the Authority to contract with Ware County for the collection of any taxes levied by the Authority. Referred to Committee on Urban and County Affairs. THURSDAY, FEBRUARY 21, 1991 883 HB 766. By Representatives Jamieson of the llth, Dover of the llth and Beatty 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. HR 101. By Representatives Hamilton of the 124th, Snow of the 1st, Milam of the 81st and others: A resolution urging the creation of the Georgia Council on Environmental Quality. Referred to Committee on Natural Resources. The following reports of standing committees were read by the Secretary: Mr. President: The Committee on Defense and Veterans Affairs has had under consideration the fol lowing bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 351. Do pass. Respectfully submitted, Senator Perry of the 7th District, Chairman Mr. President: The Committee on Health and Human Services has had under consideration the follow ing bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 284. Do pass. SB 299. Do pass. SB 335. Do pass. Respectfully submitted, Senator Olmstead of the 26th District, Chairman Mr. President: The Committee on Insurance and Labor has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 347. Do pass by substitute. HB 387. Do pass. HB 343. Do pass. HB 439. Do pass. Respectfully submitted, Senator Pollard of the 24th District, Chairman Mr. President: The Committee on Natural Resources 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 323. Do pass. 884 JOURNAL OF THE SENATE HB 616. HR 19. Do pass. Do pass by substitute. Respectfully submitted, Senator Gillis of the 20th District, Chairman Mr. President: The Committee on Public Safety has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 296. Do pass. SB 324. Do pass. HB 245. Do pass as amended. Respectfully submitted, Senator Bowen of the 13th District, Chairman Mr. President: The Committee on Rules has had under consideration the following resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SR 30. Do pass as amended. SR 149. Do pass. SR 153. Do pass. HR 210. Do pass. Respectfully submitted, Senator Dean of the 31st District, Chairman Mr. President: The Committee on Urban and County Affairs has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 700. Do pass. HB 701. Do pass. Respectfully submitted, Senator Harris of the 27th District, Chairman Mr. President: The Committee on Youth, Aging and Human Ecology has had under consideration the following bills and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 315. Do pass. SB 269. Do pass by substitute. SR 146. Do pass. Respectfully submitted, Senator Scott of the 36th District, Chairman THURSDAY, FEBRUARY 21, 1991 885 The following bills of the Senate and House were read the second time: SB 86. By Senators Newbill of the 56th, Shumake of the 39th and Moye of the 34th: A bill to amend Code Section 36-1-19 of the Official Code of Georgia Annotated, relating to the appropriation of money for making charitable grants or contribu tions within certain counties, so as to change the provisions relating to advisory boards or councils; to provide for an advisory board; to provide for the member ship of the advisory board; to provide that a recommendation of the advisory board shall be a condition for making a grant or contribution. SB 285. By Senator Johnson of the 47th: A bill to amend Code Section 51-5-7 of the Official Code of Georgia Annotated, relating to privileged communications, so as to provide that truthful reports of information from any arresting officer, law enforcement authority, government spokesperson, or government official performing investigatory duties shall be privileged communications; to provide for related matters; to provide an effective date. SB 290. By Senators Coleman of the 1st, Thompson of the 33rd and Hill of the 4th: A bill to amend Code Section 40-5-75 of the Official Code of Georgia Annotated, relating to suspension of drivers' licenses for possession of controlled substances or marijuana, so as to provide for the suspension or revocation of the drivers' licenses of persons convicted of misdemeanor possession of a controlled sub stance or marijuana; to provide for conditions of reinstatement or return of li censes; to provide for related matters; to provide an effective date. SB 291. By Senators Pollard of the 24th, Kidd of the 25th and Edge of the 28th: A bill to amend Article 4 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to the time, place, and procedure for transacting business in the probate court, so as to provide for office hours for the office of the judge of probate court; to provide exceptions; to change the provisions relating to time for transacting business in the office of the judge of probate court. SB 309. By Senators Edge of the 28th and Thompson of the 33rd: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to define the authority of public adjusters; to prohibit contingent fee contracts; to provide that it shall be prohibited for a public adjuster to sug gest or advise the employment of or give the name of an attorney to any insured or to accept referral fees or compensation from an attorney; to provide for pun ishment; to provide an effective date. SB 317. By Senator Shumake of the 39th: A bill to amend Chapter 15 of Title 9 of the Official Code of Georgia Annotated, relating to costs in civil cases, so as to eliminate cross-references to Code Section 15-6-77.2, relating to total costs for clerk's services in counties with a population of 450,000 or more; to provide a contingent effective date. SB 318. By Senator Shumake of the 39th: A bill to amend Code Section 15-6-77.1 of the Official Code of Georgia Anno tated, relating to additional fees for clerks of superior courts in counties with a population of 550,000 or more, so as to change the population classification; to provide a contingent effective date. 886 JOURNAL OF THE SENATE SB 338. By Senator Olmstead of the 26th: A bill to amend Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of the practice of psychology, so as to change the provi sions prohibiting the practice without a license; to provide for exceptions; to change licensing qualifications. SB 342. By Senator Kidd of the 25th: A bill to amend Code Section 45-9-4 of the Official Code of Georgia Annotated, relating to the purchase of insurance and indemnity contracts by the commis sioner of administrative services, so as to provide liability insurance coverage for private companies assisting the state in the abating or removing of asbestos or other hazardous materials in public premises; to provide an effective date. SB 352. By Senator Albert of the 23rd: 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 Golden Retriever as the official dog of this state. SB 353. By Senator Kidd of the 25th: 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 that a person who purchases a motor vehicle at a tent sale or public motor vehicle auction shall have until 12:00 Midnight on the seventh business day after the day of sale in which to cancel the sale agreement or contract; to define a certain term. HB 93. By Representative Smith of the 78th: A bill to amend Code Section 48-5-18 of the Official Code of Georgia Annotated, relating to time for making tax returns, so as to provide for dates for opening and closing books for the return of taxes. HB 125. By Representatives Thomas of the 69th and Simpson of the 70th: A bill to amend Article 4 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to participation of probationers in community service pro grams, so as to prohibit the use for the private gain of an individual of an of fender sentenced to perform community service as a condition of probation. HB 129. By Representatives Dobbs of the 74th, Lane of the lllth, Byrd of the 153rd and others: A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable and procedures in connection therewith, so as to provide for a period of detention for a person charged with driving under the influence of alcohol or drugs. HB 224. By Representatives Pettit of the 19th, Holmes of the 28th and Dunn of the 73rd: A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of real estate brokers and salespersons, so as to revise certain educational requirements for real estate licensees; to revise the qualifica tions for the issuance of real estate licenses to nonresidents who are licensed in another state. HB 268. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Hamilton of the 124th: A bill to amend Chapter 7 of Title 28 of the Official Code of Georgia Annotated, relating to lobbying and representation by agents in the General Assembly, so as THURSDAY, FEBRUARY 21, 1991 887 to require persons representing departments, boards, agencies, associations, com missions, councils, and other entities of state government to register with the Secretary of State. HB 293. By Representatives Watson of the 114th and Byrd of the 153rd: A bill to amend Code Section 10-1-7 of the Official Code of Georgia Annotated, relating to the provision for payment of delinquency charges with respect to re tail installment contracts and the provision for attorneys' fees, court costs, and check dishonor fees with respect to retail installment contracts and revolving ac counts, so as to provide for the amount of such charges. HB 403. By Representative Thomas of the 69th: 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 provide that the annual advertisement of the date of the monthly board meeting may be published in a newspaper having a general circulation in the county at least equal to that of the legal organ of the county. HB 480. By Representative Bostick of the 138th: A bill to amend Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, so as to change the amount of certain au thorized service charges with respect to selling certain tickets or other evidences of right of entry. HB 589. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Kilgore of the 42nd: A bill to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to transfer from the State Board of Education, Georgia Depart ment of Education, and State School Superintendent and to the Professional Standards Commission and executive secretary thereof certain functions relating to the certification of school personnel. The President called for the morning roll call, and the following Senators answered to their names: Alien Baldwin Bishop Bowen Broun *u*ton Collins DDeaawlkins Dean Echols Edge Egan English Foster Harris Hasty Henson Hill Hooks "uffins Kidd MMoavraeble Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Shumake Start SQtem. b, erg late Timmons Turner Tysinger Walker of 43rd White Those not answering were Senators: Albert Clay Coleman Garner (excused conferee) Gillis Hammill Johnson (excused conferee) Langford Scott Taylor Thompson Walker of 22nd 888 JOURNAL OF THE SENATE Senator Bowen of the 13th introduced the chaplain of the day, Reverend Doug Fullington, pastor of Pinehurst Baptist Church, Pinehurst, Georgia, who offered scripture reading and prayer. Senator Newbill of the 56th moved that Senator Clay of the 37th be excused from the Senate today due to illness in the family. On the motion, the yeas were 34, nays 0; the motion prevailed, and Senator Clay of the 37th was excused from the Senate today. Senator Garner of the 30th moved that Senator Johnson of the 47th be excused from the Senate today to go to the hospital and get the cast off his leg. On the motion, the yeas were 35, nays 0; the motion prevailed, and Senator Johnson of the 47th was excused from the Senate today. The following resolutions of the Senate were read and adopted: SR 204. By Senators Hammill of the 3rd, Hill of the 4th, Robinson of the 16th and others: A resolution commending the University System of Georgia Outstanding Schol ars on Academic Recognition Day. SR 206. By Senator Hasty of the 51st: A resolution commending Darla Pruett. SR 207. By Senators Burton of the 5th, Tysinger of the 41st, Walker of the 43rd and others: A resolution commending Barbara Loar. SR 208. By Senator Broun of the 46th: A resolution recognizing the Ladies' Garden Club of Athens on the occasion of its centennial. SR 209. By Senator Collins of the 17th: A resolution commending Honorable Charlie Brown of Butts County. SR 210. By Senator Garner of the 30th: A resolution commending Chief Merle E. Clark. SR 211. By Senator Garner of the 30th: A resolution commending Corporal Harry R. Carter and Ranger First Class Eric Sanders. THURSDAY, FEBRUARY 21, 1991 889 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 February 21, 1991 TWENTY-SIXTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) HB 700 Perdue, 18th A bill to repeal a certain provision which requires the chairman of the Board of Commissioners to publish annually a detailed statement accounting for the expenditures from the chairman's expense account; to change the provisions relating to the filling of a vacancy in the chairman post in Houston County. HB 701 Harris, 27th A bill to change the provisions relating to the election of the mayor and members of the city council of the City of Barnesville. The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to. On the passage of the bills on the Senate Local Consent Calendar, a roll call was taken and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Broun B^t011 Collms Dawkins Deal Dean Echols Edge Egan English Foster Gillis Hammill Harris Hasty Henson Hill Muggins Kidd Marable Move Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Thompson Timmons Turner Tysinger Walker of 22nd White Those not voting were Senators: Bowen Clay (excused) Coleman Garner Hooks Johnson (excused) Langford Steinberg Walker of 43rd On the passage of the local bills, the yeas were 47, nays 0. The bills on the Senate Local Consent Calendar, having received the requisite constitu tional majority, were passed. 890 JOURNAL OF THE SENATE SENATE RULES CALENDAR Thursday, February 21, 1991 TWENTY-SIXTH LEGISLATIVE DAY SB 267 Commercial Agency Deed--validity, executed under deed (Judy--29th) SB 260 Delinquency Hearings--open to public (Substitute) (Amendment) (Judy--49th) SB 305 Action by Parent for Injury to Minor--period of limitation (Judy--49th) SB 286 Grade Crossing Elimination Costs--railroad's share (Trans--50th) SB 197 Board of Power Engineers--create (Substitute) (Gov Op--39th) SB 312 School Bus Driver Charged and Convicted of Driving Under the Influ ence--imprisonment provisions ( Judy--29th) SR 72 Joint Study Committee on Children and Youth--create (Rules--45th) SB 313 Diplomas, Other Certificates--misdemeanor to create, sell (H Ed--3rd) SB 45 License to Carry Weapon--change provisions on issuance (Substitute) (Judy--25th) SB 314 Brunswick Judicial Circuit-fifth superior court judge (Judy--3rd) SB 243 Laundries, Cleaners, Dyers, Tailors, Etc.--relating to liens (Judy--1st) SB 334 Griffin Judicial Circuit--additional superior court judge (Judy--28th) SR 174 Georgia County Government Week-designate week of April 7-13, 1991 (Rules--3rd) SR 180 Corridor Z--designate as South Georgia Parkway (Trans--12th) SB 255 Simple Battery Against Police Doing Duty--misdemeanor of high nature (Judy--35th) SB 310 Continuances--General Assembly attendance additional ground (Substitute) (Judy--49th) SB 200 County Elected Officers, Chairmen--minimum salaries (Substitute) (U&CA G--27th) Respectfully submitted, Is/ Nathan Dean of the 31st, Chairman Senate Rules Committee The following general bill of the Senate, having been read the first time and referred to the Senate Committee on Special Judiciary on February 8, and withdrawn from the Senate Committee on Special Judiciary and committed to the Senate Committee on Judiciary on February 13, and favorably reported by the committee, was read the third time and put upon its passage: SB 267. By Senator Baldwin of the 29th: A bill to amend Article 1 of Chapter 6 of Title 10 of the Official Code of Georgia Annotated, relating to the creation and nature of the agency relationship, so as to provide that a deed or other instrument executed under seal pursuant to an agency created by an act not under seal shall be binding on the principal under certain conditions. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: THURSDAY, FEBRUARY 21, 1991 891 Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Burton Coeman Hammill Harris Hasty Henson Hill Huggins nDealI"' DEcehaonls Edge Egan English Foster Garner Gillis TMMarabKl,e MNeowyebill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Shumake Starr TSteinberg5 iTfhompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Bowen Broun Clay (excused) Dawkins Hooks Johnson (excused) Langford Scott Taylor On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed. The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage: SB 260. By Senators Deal of the 49th and Kidd of the 25th: A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that all hearings involving delin quency shall be open to the public; to provide that certain other hearings shall be closed to the public; to change the provisions relating to juvenile law enforcement records and inspection thereof; to change the provisions relating to when a child may be fingerprinted or photographed and the use and retention of such finger prints, photographs, and records related thereto. The Senate Committee on Judiciary offered the following substitute to SB 260: A BILL To be entitled an Act to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide taht all hearings involving delinquency shall be open to the public; to provide that certain other hearings shall be closed to the public; to change the provisions relating to juvenile law enforcement and court records and inspection thereof; to change the provisions relating to when a child may be fingerprinted or photographed and the use and retention of such fingerprints, photo graphs, and records related thereto; to change the provisions relating to sealing of records; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking subsection (c) of Code Section 15- 892 JOURNAL OF THE SENATE 11-28, relating to conduct of hearings, recordation, and exclusions from hearings, and in serting in lieu thereof a new subsection (c) to read as follows: "(c) (1) All hearings involving delinquency shall be open to the public, provided that the court may exclude the general public from any delinquency hearing on an allegation of sexual assault or from any delinquency hearing at which any party expects to introduce substantial evidence related to matters of deprivation. (2) The general public shall be excluded from hearings involving deprivation or unruliness, and only the parties, their counsel, witnesses, persons accompanying a party for his assistance, and any other persons as the court finds have a proper interest in the proceeding or in the work of the court may be admitted by the court to hearings involving deprivation or unruliness. The court may temporarily exclude the child from the hearing except while allegations of his delinquency or unruly conduct are being heard." Section 2. Said chapter is further amended by striking Code Section 15-11-59, relating to juvenile law enforcement records, and inserting in lieu thereof a new Code Section 15-1159 to read as follows: "15-11-59. (a) Law enforcement and court records and files concerning a child shall be kept separate from the records and files of arrests of adults. (b) Unless a charge of delinquency is transferred for criminal prosecution under Code Section 15-11-39, or the interest of national security requires, or the court otherwise orders in the interest of the child, the records and files shall not be open to public inspection nor shall their contents be disclosed to the public, provided that any complaint, order, petition, or incident report created on or after July 1, 1991, relating to any charge of delinquency shall be open to public inspection and disclosure to the public. (c) With the consent of the court, inspection of the records and files which are not otherwise open to public inspection is permitted by: (1) A juvenile court having the child before it in any proceeding; (2) The juvenile, the juvenile's parents, guardians, or guardian ad litem; (3) Counsel for a party to the proceedings; (4) The officers of public institutions or agencies to whom the child is committed; (5) Local, state, and federal law enforcement officers when necessary for the discharge of their official duties; (6) A court in which the child is convicted of a criminal offense, for the purpose of a presentence report or other dispositional proceeding; (7) A court appointed special advocate; (8) Officials of penal institutions and other penal facilities to which the child is commit ted; or (9) A parole board in considering the child's parole or discharge or in exercising super vision over the child. (d) The court and law enforcement officers shall allow authorized representatives of the Department of Human Resources, the Department of Corrections, and the Council of Juve nile Court Judges to inspect and copy law enforcement and court records for the purpose of obtaining statistics on juveniles. The judge may permit authorized representatives of recog nized organizations compiling statistics for proper purposes to inspect and make abstracts from such records under whatever conditions on their use and distribution the judge may deem proper and the judge may punish by contempt any violation of those conditions." Section 3. Said chapter is further amended by striking Code Section 15-11-60, relating to when a child may be fingerprinted or photographed, and inserting in lieu thereof a new Code Section 15-11-60 to read as follows: "15-11-60. (a) No child under 13 years of age shall be fingerprinted or photographed in THURSDAY, FEBRUARY 21, 1991 893 the investigation of a crime except as provided in this Code section. Fingerprints and photo graphs of a child 13 or 14 years of age or older who is referred to the court shall be taken and filed by law enforcement officers in investigating the commission of a designated felony act as defined in Code Section 15-11-37. (b) Fingerprint and photograph files of children shall be kept separate from those of adults. (c) Fingerprint and photograph files of children may be inspected by law enforcement officers when necessary for the discharge of their official duties. Other inspections may be authorized by the court in individual cases upon a showing that it is necessary in the public interest. Fingerprint and photograph files may not be disseminated beyond the State of Georgia without prior authorization of the court in which they originated. (d) Upon application of the child, fingerprints and photographs of a child shall be re moved from the file and destroyed if: (1) A petition alleging delinquency is not filed, the proceedings are dismissed, or the child is adjudicated not to be a delinquent child; or (2) The child reaches 21 years of age and there is no record that he committed a crimi nal offense after reaching 17 years of age. (e) If latent fingerprints are found during the investigation of an offense and a law enforcement officer has probable cause to believe that they are those of a particular child, he may fingerprint the child regardless of age or offense for purposes of immediate comparison with the latent fingerprints. If the comparison is negative, the fingerprint card and other copies of the fingerprints taken shall be immediately destroyed. If the comparison is positive and the child is referred to the court, the fingerprint card and other copies of the finger prints taken shall be retained by law enforcement authorities." Section 4. Said chapter is further amended by striking subsection (a) of Code Section 15-11-61, relating to sealing of records, and inserting in lieu thereof a new subsection (a) to read as follows: "(a) On application of a person who has been adjudicated delinquent or unruly or on the court's own motion, and after a hearing, the court shall order the sealing of the files and records in the proceeding, including those specified in Code Sections 15-11-59 and 15-11-60 but excluding files and records relating to any designated felony act committed after July 1, 1991, and excluding records and cards related to latent fingerprints where a comparison under subsection (e) of Code Section 15-11-60 is positive, if the court finds that: (1) Two years have elapsed since the final discharge of the person; (2) Since the final discharge of the person, he has not been convicted of a felony or of a misdemeanor involving moral turpitude or adjudicated a delinquent or unruly child and no proceeding is pending against him seeking conviction or adjudication; and (3) He has been rehabilitated." Section 5. All laws and parts of laws in conflict with this Act are repealed. Senator Deal of the 49th offered the following amendment: Amend the substitute to SB 260 offered by the Senate Committee on Judiciary by strik ing lines 31 through 34 on page 5 and lines 1 through 12 on page 6 in their entirety and substituting in lieu thereof the following: "(f) Without the consent of the judge, a child shall not be photographed after he is taken into custody unless the case is transferred to another court for prosecution. (g) (1) The name or picture of any child under the jurisdiction of the court for the first time shall not be made public by any news media, upon penalty of contempt under Code Section 15-11-62, except as authorized by an order of the court. 894 JOURNAL OF THE SENATE (2) It shall be mandatory upon the judge of the juvenile court to release the name of any child who is under the jurisdiction of the court for a second or subsequent time. No person, firm, or corporation shall be guilty of any offense by making public the name or picture of any such child.' " By striking lines 14 through 33 on page 6 and lines 1 through 3 on page 7 in their entirety and substituting in lieu thereof the following: "striking Code Section 15-11-61, relating to sealing of records, in its entirety and in serting in lieu thereof a new Code Section 15-11-61 to read as follows: '15-11-61. (a) Upon the written request of a person who has been adjudicated delin quent or unruly or upon the written request of such person's parent or guardian or on the court's own motion, and after a hearing, the court shall order the sealing or purging of the files and records in the proceeding, including those specified in Code Sections 15-11-59 and 15-11-60 but excluding files and records relating to any designated felony act committed after July 1, 1991, and excluding records and cards related to latent fingerprints where a comparison under subsection (e) of Code Section 15-11-60 is positive, if the court finds that: (1) Two years have elapsed since the final discharge of the person; (2) Since the final discharge of the person, he has not been convicted of a felony or of a misdemeanor involving moral turpitude or adjudicated a delinquent or unruly child and no proceeding is pending against him seeking conviction or adjudication; and (3) He has been rehabilitated. (b) Reasonable notice of the hearing shall be given to: (1) The district attorney; (2) The authority granting the discharge if the final discharge was from an institution or from parole; and (3) The law enforcement officers or department having custody of the files and records if the files and records specified in Code Sections 15-11-59 and 15-11-60 are included in the application or motion. (c) Upon the entry of the order the proceeding shall be treated as if it had never oc curred. All index references shall be deleted and the person, the court, the law enforcement officers, and the departments shall properly reply that no record exists with respect to the person upon inquiry in any matter. Copies of the order shall be sent to each agency or official therein named. Inspection of the sealed files and records thereafter may be permit ted by an order of the court upon petition by the person who is the subject of the records and only by those persons named in the order. (d) Notwithstanding the provisions of subsection (a) of this Code section, the court shall purge the files and records of any proceeding on any petition alleging that a child is delinquent or unruly if the child is adjudicated not to be delinquent or unruly or if the petition is dismissed. (e) The judge before whom the petition alleging delinquency or unruliness is heard shall in writing inform the juvenile and his legal counsel of the provisions of this Code section.' " On the adoption of the amendment, the yeas were 31, nays 0, and the amendment was adopted. On the adoption of the substitute, the yeas were 40, 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: THURSDAY, FEBRUARY 21, 1991 895 Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Coleman Collins Dawkins Deal Dean Echols Edge Egan Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Kidd Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate Taylor Turner Tysinger Walker of 22nd Walker of 43rd White Those voting in the negative were Senators: Langford Olmstead Thompson Those not voting were Senators: Clay (excused) English Johnson (excused) Timmons On the passage of the bill, the yeas were 49, nays 3. 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 by the requisite constitutional majority the following bill of the House: HB 295. By Representatives Byrd of the 153rd, Lee of the 72nd, Dobbs of the 74th, Lane of the 27th, Dunn of the 73rd and others: A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of electrical contractors, plumbers, conditioned air con tractors, low-voltage contractors, and utility contractors, so as to provide that with respect to Conditioned Air Contractor Class I and Class II licenses, the Di vision of Conditioned Air Contractors may require applicants for renewal of li censes to have completed subsequent to the date the last licenses were issued a certain number of hours of continuing professional education relating to condi tioned air contracting. 896 JOURNAL OF THE SENATE The following bill of the Senate was taken up for the purpose of considering the House action thereon: SB 64. By Senator Kidd of the 25th: A bill to amend an Act establishing a new charter for the City of Milledgeville, as amended, so as to change the compensation of the mayor and aldermen of said city. Senator Kidd of the 25th moved that the Senate recede from its disagreement to the House amendment to SB 64. On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate receded from its disagreement to the House amendment to SB 64. The following bill of the House was read the first time and referred to committee: HB 295. By Representatives Byrd of the 153rd, Lee of the 72nd, Dobbs of the 74th and others: A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of electrical contractors, plumbers, conditioned air con tractors, low-voltage contractors, and utility contractors, so as to provide that with respect to Conditioned Air Contractor Class I and Class II licenses, the Di vision of Conditioned Air Contractors may require applicants for renewal of li censes to have completed subsequent to the date the last licenses were issued a certain number of hours of continuing professional education relating to condi tioned air contracting. Referred to Committee on Governmental Operations. The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage: SB 305. By Senators Deal of the 49th, Robinson of the 16th and Alien of the 2nd: A bill to amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitation of actions, so as to provide for the period of limitation in an action by a parent or other person for injury to a minor child; to provide for joinder with an action on behalf of the minor child. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Gillis Hammill Harris Hasty Hill Hooks Huggins Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd THURSDAY, FEBRUARY 21, 1991 897 Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate Thompson Timmons Turner Tysinger , Walker of 22nd Walker of 43rd Those not voting were Senators: Clay (excused) Garner Henson Johnson (excused) Taylor White On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 286. By Senators Foster of the 50th, Timmons of the llth and Johnson of the 47th: A bill to amend Code Section 32-6-195 of the Official Code of Georgia Annotated, relating to the division of costs of grade crossing elimination projects between the Department of Transportation, counties, municipalities, and railroads, so as to provide that railroads shall bear no less than 25 percent of grade crossing elimi nation costs; 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 Alien Baldwin Bishop Bowen Broun Burton Collins DDeaawl kins Dean Echols Edge Egan English Foster Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Kidd LMaanrgafbolred Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Shumake Starr Steinbere Tate ,,Tayl,or Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Clay (excused) Coleman Garner Johnson (excused) Moye Scott On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. 898 JOURNAL OF THE SENATE SB 197. By Senator Shumake of the 39th: A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to create the Georgia Board of Power Engineers; to provide definitions; to provide for the appointment of members of the board; to provide for members' terms, qualifications, compensation, and removal; to pro vide for meetings and quorums. The Senate Committee on Governmental Operations offered the following substitute to SB 197: A BILL To be entitled an Act to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-volt age contractors, and utility contractors, so as to change the definition of the term "electrical contracting"; to define an additional term; to change the provisions relating to the applica bility of Chapter 14 of Title 43 generally; to change the provisions relating to exceptions to the operation of Chapter 14 of Title 43; to provide an exception with respect to the installa tion, construction, or maintenance by utilities of certain power systems; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, is amended by striking in its entirety Code Section 43-14-2, relating to definitions applicable to said chapter, and inserting in lieu thereof a new Code Section 4314-2 to read as follows: "43-14-2. As used in this chapter, the term: (1) 'Alarm system' means any device or combination of devices used to detect a situa tion, causing an alarm in the event of a burglary, fire, robbery, medical emergency, or equip ment failure, or on the occurrence of any other predetermined event. (2) 'Board' means the State Construction Industry Licensing Board. (3) 'Certificate of competency' means a valid and current certificate issued by the Divi sion of Electrical Contractors created in Code Section 43-14-3, which certificate shall give the named electrical contractor to which it is issued authority to engage in electrical con tracting of the kind described therein. Certificates of competency shall be of two kinds, Class I and Class II, according to the classification of license held by the electrical contractor. (4) 'Conditioned air contracting' means the installation, repair, or service of conditioned air systems or conditioned air equipment. (5) 'Conditioned air contractor' means an individual who is engaged in conditioned air contracting under express or implied contract or who bids for, offers to perform, purports to have the capacity to perform, or does perform conditioned air contracting services under express or implied contract. The term 'conditioned air contractor" shall not include a person who is an employee of a conditioned air contractor and who receives only a salary or hourly wage for performing conditioned air contracting work. (6) 'Conditioned air equipment' means heating and air-conditioning equipment covered under state codes. (7) 'Electrical contracting' means the installation, maintenance, alteration, or repair of any electrical equipment, apparatus, control system, electrical wiring device, lighting fixture, or electrical wiring for owners of buildings, structures, or premises in this state but shall not include low-voltage contracting. (8) 'Electrical contractor' means any person who engages in the business of electrical THURSDAY, FEBRUARY 21, 1991 899 contracting under express or implied contract or who bids for, offers to perform, purports to have the capacity to perform, or does perform electrical contracting services under express or implied contract. The term 'electrical contractor' shall not include a person who is an employee of an electrical contractor and who receives only a salary or hourly wage for per forming electrical contracting work. (9) 'Executive director' means the executive director of the State Construction Industry Licensing Board. (10) 'General system' means any electrical system, other than an alarm or telecommuni cation system, involving low-voltage wiring. (11) 'Journeyman plumber' means any person other than a master plumber who has practical knowledge of the installation of plumbing and installs plumbing under the direc tion of a master plumber. (12) 'License' means a valid and current certificate of registration issued by a division of the board, which certificate shall give the named person to whom it is issued authority to engage in the activity prescribed thereon. (13) 'Low-voltage contracting' means the installation, alteration, service, or repair of a telecommunication system, alarm system, or general system involving low-voltage wiring. (14) 'Low-voltage contractor' means an individual who is engaged in low-voltage con tracting under express or implied contract or who bids for, offers to perform, purports to have the capacity to perform, or does perform low-voltage contracting services under ex press or implied contract. An employee of a low-voltage contractor who receives only a sal ary or hourly wage for performing low-voltage contracting work shall not be required to be licensed under this chapter, except that those employees upon whom the qualification of a partnership or corporation rests, as outlined in subsection (b) of Code Section 43-14-8.1 shall be licensed. (15) 'Low-voltage wiring' means: (A) Wiring systems of 50 volts or less and control circuits directly associated therewith; (B) Wiring systems having a voltage in excess of 50 volts, provided such systems consist solely of power limited circuits meeting the definition of a Class II and Class III wiring system as defined in Article 725 of the National Electrical Code; or (C) Line voltage wiring having a voltage not in excess of 300 volts to ground and in stalled from the load-side terminals of a suitable disconnecting means which has been in stalled for the specific purpose of supplying the low-voltage wiring system involved or in stalled from a suitable junction box which has been installed for such specific purpose. (16) 'Master plumber' means any individual engaging in the business of plumbing under express or implied contract or who bids for, offers to perform, purports to have the capacity to perform, or does perform plumbing contracting services under express or implied contract. (17) 'Plumbing' means the practice of installing, maintaining, altering, or repairing pip ing fixtures, appliances, and appurtenances in connection with sanitary drainage or storm drainage facilities, venting systems, or public or private water supply systems within or ad jacent to any building, structure, or conveyance. The term 'plumbing' also includes the prac tice of and materials used in installing, maintaining, extending, or altering the storm water or sewerage and water supply systems of any premises to their connection with any point of public disposal or other acceptable terminal. (18) 'Premises' means real property consisting of land and buildings and structures thereon, including poles and their associated fixtures. (19) 'Telecommunication system' means a switching system and associated apparatus which performs the basic function of two-way voice or data service, or both, and which can 900 JOURNAL OF THE SENATE be a commonly controlled system capable of being administered both locally and remotely via secured access. (20) 'Utility contracting' means undertaking to construct, erect, alter, or repair or have constructed, erected, altered, or repaired any utility system in which the cost of the com pleted structures or improvements exceeds $100,000.00. (21) 'Utility contractor' means an individual who is engaged in utility contracting under express or implied contract or who bids for, offers to perform, purports to have the capacity to perform, or does perform utility contracting under express or implied contract. An em ployee of a utility contractor who receives only a salary or hourly wage for performing utility contracting shall not be required to be licensed under this chapter, except that those em ployees upon whom the qualification of a partnership or corporation rests pursuant to sub section (b) of Code Section 43-14-8.2 shall be licensed. (22) 'Utility contracting foreman' means any individual who is employed or engaged by a utility contractor to supervise the construction, erection, alteration, or repair of a utility system. (23) 'Utility system' means any system at least five feet underground including, but not limited to, water supply systems, sewerage and drainage systems, reservoirs and filtration plants, water and waste-water treatment plants, and pump stations." Section 2. Said chapter is further amended by striking in their entirety subsections (b) and (c) of Code Section 43-14-15, relating to the applicability of said chapter generally, and inserting in lieu thereof new subsections (b) and (c) to read as follows: "(b) This chapter shall not apply to the installation, alteration, or repair of plumbing, air-conditioning and heating, or electrical services, except low-voltage wiring services or util ity systems, up to and including the meters where such work is performed by and is an integral part of the system owned or operated by a public service corporation or the electri cal, water, or gas department of any municipality in this state, in rendering its duly author ized service as such except as otherwise provided in this Code section. (c) This chapter shall not apply to the installation, alteration, or repair of plumbing, air-conditioning and heating, or electrical systems, except low-voltage wiring systems, or utility systems where such work is performed and is an integral part of the system owned or operated, in rendering its duly authorized service as such, by a railroad company, pipeline company, mining company, or public utility or municipal utility in the exercise of its normal functions as a public utility or where such work is an integral part of any irrigation system on farms, ranches, or other open, unpopulated areas where such work will not be located within 30 feet of any dwelling or any building devoted to animal husbandry except as other wise provided in this Code section." Section 3. Said chapter is further amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 43-14-16, relating to exceptions to the operation of said chap ter, and inserting in lieu thereof a new paragraph (1) to read as follows: "(1) The installation, construction, or maintenance by utilities of power systems for generation, transmission, and metering of electric energy. Wiring which is not excluded by this paragraph shall be property permitted and installed by a licensed electrical contractor according to the standards of the National Electrical Code and inspected by the authority having jurisdiction of enforcement of the National Electrical Code, except as otherwise pro vided in this Code section; or". Section 4. All laws and parts of laws in conflict with this Act are repealed. Senator Shumake of the 39th offered the following amendment: Amend the substitute to SB 197 offered by the Senate Committee on Governmental Operations by striking on page 8, line 7, the word "property", and inserting in lieu thereof the word "properly". THURSDAY, FEBRUARY 21, 1991 901 On the adoption of the amendment, the yeas were 40, nays 0, and the amendment was adopted. On the adoption of the substitute, the yeas were 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 Alien Bishop Broun Burton Coleman Collins Dawkins Deal Dean Echols Edge English Garner Gillis Hammill Harris Henson Hill Hooks Kidd Marable Moye Newbill Olmstead Perdue Phillips Ragan of 10th Ragan of 32nd Ray Robinson Scott Shumake Starr Steinberg Tate Taylor Thompson Turner Tysinger Walker of 22nd Walker of 43rd White Those voting in the negative were Senators: Baldwin Bowen Foster Hasty Huggins Perry Ramsey Timmons Those not voting were Senators: Clay (excused) Egan Johnson (excused) Langford Pollard On the passage of the bill, the yeas were 43, nays 8. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Thompson of the 33rd gave notice that, at the proper time, he would move that the Senate reconsider its action in passing the following bill of the Senate previously today: SB 260. By Senators Deal of the 49th and Kidd of the 25th: A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that all hearings involving delin quency shall be open to the public; to provide that certain other hearings shall be closed to the public; to change the provisions relating to juvenile law enforcement records and inspection thereof; to change the provisions relating to when a child may be fingerprinted or photographed and the use and retention of such finger prints, photographs, and records related thereto. 902 JOURNAL OF THE SENATE 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 312. By Senators Baldwin of the 29th and Edge of the 28th: A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide that a school bus driver charged and convicted of driving under the influence of alcohol or drugs while driving a school bus or other school vehicle shall be imprisoned for a period of not less than one year nor more than five years; to provide for a fine. The report of the committee, which was favorable to the passage of the bill, was agreed to: On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Coleman Collins Deal Dean Echols Edge Egan English Foster Garner Gillis Hasty Henson Hill Hooks Huggins Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Walker of 22nd Walker of 43rd White Those not voting were Senators: Clay (excused) Dawkins Hammill Harris Johnson (excused) Pollard Shumake Tysinger On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. SR 72. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A resolution creating the Joint Study Committee on Children and Youth. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Coleman Collins THURSDAY, FEBRUARY 21, 1991 903 Dawkins Deal Dean Echols Fo-oisi-ter Hammill Harris Hasty Henson Hill Hooks Muggins Kidd Langford Marable Moye Newbill O,,Pelmrd,suteead Perry Phillips Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate TT,,,ahyolmorpson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Clay (excused) Garner Johnson (excused) Pollard On the adoption of the resolution, the yeas were 52, nays 0. The resolution, having received the requisite constitutional majority, was adopted. SB 313. By Senators Hammill of the 3rd and Gillis of the 20th: A bill to amend Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to education in general, so as to make it a misdemeanor to buy, sell, create, duplicate, alter, give, or obtain a document which purports to signify merit or achievement conferred by an institution of education; to provide for penalties. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bowen Broun Burton Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Gillis Hammill Hasty Henson Hooks Huggins Kidd Langford Marable Olmstead Perdue Perry Phillips Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White 904 JOURNAL OF THE SENATE Those not voting were Senators: Bishop Clay (excused) Garner Harris Hill Johnson (excused) Moye Newbill Pollard Ragan of 10th Shumake On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 45. By Senator Kidd of the 25th: A bill 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 the provisions relating to the issuance of a license to carry a pistol or revolver; to authorize the issuance of a license to certain residents of other states, territories, or foreign countries. The Senate Committee on Judiciary offered the following substitute to SB 45: A BILL To be entitled an Act 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 the provisions relating to the issuance of a license to carry a pistol or revolver; to authorize the issuance of a license to certain residents of other states, territories, or foreign countries; to require certain information on applications for a license; to provide that li censes shall not be granted under certain conditions; to change certain procedures; to au thorize a designee of the superintendent of any mental hospital or treatment center or an individual's treating physician to make certain reports and recommendations regarding whether a license should be issued to an individual to carry a pistol or revolver; to provide for the revocation of licenses under certain conditions; to provide for the renewal of licenses by certain nonresidents of this state; to authorize a clerk of the probate court designated by the probate judge to issue licenses to carry a pistol or revolver under certain circumstances; to repeal the requirement that the judge of probate court notify certain law enforcement agencies when a license to carry a pistol or revolver has been lost; to define certain terms; to change the provisions relating to possession of firearms by convicted felons and first of fender probationers; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 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 Code Section 16-11-129, relating to license to carry a pistol or revolver, and in serting in lieu thereof a new Code Section 16-11-129 to read as follows: "16-11-129. (a) Definitions. As used in this Code section, the term: (1) 'Controlled substance' means any drug, substance, or immediate precursor included in the definition of controlled substances in paragraph (4) of Code Section 16-13-21. (2) 'Convicted' means a plea of guilty, a finding of guilt by a court of competent juris diction or the acceptance of a plea of nolo contendere by a court of competent jurisdiction. (3) 'Dangerous drug' means any drug defined as such in Code Section 16-13-71. (4) 'Felony' means any offense punishable by imprisonment for a term of one year or more and includes conviction by a court-martial under the Uniform Code of Military Justice for an offense which would constitute a felony under the laws of the United States. (b) Application for license; term. The judge of the probate court of each county may, on application under oath and on payment of a fee of $15.00, issue a license valid for a period of five years to any person who is a resident of that county at the time of such application or THURSDAY, FEBRUARY 21, 1991 905 who is a resident of another state, territory, or foreign country residing in the county tempo rarily for business, educational, or governmental purposes, which license shall authorize that person to carry any pistol or revolver in any county of this state notwithstanding any change in that person's county of residence. Applicants shall submit the application for a license to the judge of the probate court on forms prescribed and furnished free of charge to persons wishing to apply for the license. With respect to residents of the state, such application shall require the driver's license number or identification number on a card issued by the Depart ment of Public Safety pursuant to Article 5 of Chapter 5 of Title 40. Forms shall be designed to elicit information from the applicant pertinent to his eligibility under this Code section but shall not require nonpertinent or irrelevant data such as serial numbers or other identification capable of being used as a de facto registration of firearms owned by the ap plicant. The Department of Public Safety shall furnish application forms and license forms required by this Code section. The forms shall be furnished to each judge of each probate court within the state at no cost. (c) Licensing exceptions. No license shall be granted to: (1) Any person under 21 years of age; (2) Any person who is a fugitive from justice or against whom proceedings are pending for any felony, forcible misdemeanor, controlled substance or dangerous drug violation cov ered under paragraph (6) of this subsection, or violation of Code Section 16-11-126, 16-11127, or 16-11-128 until such time as the proceedings are adjudicated; (3) Any person who is on probation as a first offender pursuant to Article 3 of Chapter 8 of Title 42 until such period of probation has been completed; (4) Any person who has been convicted of a felony and has not expressly been author ized to receive, possess, or transport a firearm pursuant to the provisions of Code Section 16-11-131, any person who has been convicted of a forcible misdemeanor and has not been free of all restraint or supervision in connection therewith for at least five years, or any person who has been convicted of a misdemeanor violation of Code Section 16-11-126, 1611-127, or 16-11-128 and has not been free of all restraint or supervision in connection therewith for at least three years, immediately preceding the date of the application. Any person who has received a pardon but who has not expressly been authorized to receive, possess, or transport a firearm shall be required to obtain such authorization in order to become eligible for a license to carry a pistol or revolver; (5) Any individual who has been hospitalized as an inpatient in any mental hospital or alcohol or drug treatment center within five years of the date of his application. The probate judge may require any applicant to sign a waiver authorizing any mental hospital or treat ment center to inform the judge whether or not the applicant has been an inpatient in any such facility in the last five years and authorizing the superintendent of such facility or his designee or the individual's treating physician to make to the judge a recommendation re garding whether a license to carry a pistol or revolver should be issued. The judge shall keep any such hospitalization or treatment information confidential. It shall be at the discretion of the probate judge, considering the circumstances surrounding the hospitalization and the recommendation of the superintendent of the hospital or treatment center where the indi vidual was a patient or his designee or the individual's treating physician, to issue the license; (6) Any person who has been convicted of a misdemeanor offense arising out of the unlawful manufacture, distribution, possession, or use of a controlled substance or other dangerous drug; or (7) Any individual whom the judge of the probate court, in his discretion, finds not to be of good moral character. (d) Fingerprinting. (1) Following completion of the application, the judge of the probate court shall require the applicant to proceed to an appropriate law enforcement agency in the county with the completed application. The appropriate local law enforcement agency in each county shall then make two sets of classifiable fingerprints of the applicant for a li- 906 JOURNAL OF THE SENATE cense to carry a pistol or revolver, place the fingerprint required by subsection (g) of this Code section on a blank license form which has been furnished to the law enforcement agency by the judge of the probate court, and place the name of the applicant on the blank license form. The law enforcement agency shall be entitled to a fee of $5.00 from the appli cant for its services in connection with the application. (2) In the case of each applicant who is applying for a license under this Code section for the first time, the judge of the probate court shall direct the law enforcement agency to transmit two sets of the applicant's fingerprints to the Georgia Crime Information Center for a search of the Federal Bureau of Investigation records and an appropriate report. In such cases, the applicant shall submit an additional fee in an amount established by the Georgia Bureau of Investigation but not to exceed $30.00 for a search of records of the Federal Bureau of Investigation and an appropriate report, payable in such form as the judge may direct, to cover the cost of the records search. (3) Applications for renewal of licenses issued under this Code section shall be made to the judge of the probate court of the county in which the applicant resides at the time of making the renewal application. A nonresident issued a license under this Code section who continues to reside in the county where the original license was issued and who will continue to reside in the county temporarily for business, educational, or governmental purposes may make a renewal application to the judge of the probate court of the county where the origi nal license was issued. In the case of an applicant for a renewal of a license, the judge of the probate court may, in his discretion, direct that the local county law enforcement agency request a search of the criminal history file and wanted persons file of the Georgia Crime Information Center by computer access from that county in lieu of transmitting the applica tion and forms. (e) Investigation of applicant; issuance of license. Each law enforcement agency, upon receiving such applications and obtaining such fingerprints, shall promptly conduct a thor ough search of its records and records to which it has access and shall notify the judge of the probate court within 50 days, by telephone and in writing, of any findings relating to the applicant which may bear on his eligibility for a license under the terms of this Code sec tion. When no derogatory information is found on the applicant bearing on his eligibility to obtain a license, the report shall so state. The law enforcement agency shall return the ap plication and the blank license form with the fingerprint thereon directly to the judge of the probate court within such time period. Not later than ten days after receipt of the applica tion and blank license form from the law enforcement agency and, with respect to initial applicants, the report from the Federal Bureau of Investigation and any mental health re ports required under this Code section, the judge of the probate court shall issue the appli cant a license to carry any pistol or revolver if no facts establishing ineligibility have been reported and if the judge determines the applicant has met all the qualifications and has complied with all the requirements contained in this Code section. If there is no evidence of an applicant having a criminal background which makes the applicant ineligible for a license and no evidence of an applicant having been hospitalized in a mental health facility, a clerk of the probate court designated by the probate judge shall be authorized to issue a license under this Code section in the name of the judge of the probate court. (f) Revocation, loss, or damage to license. If, at any time during the period for which the license was issued, the judge of the probate court of the county in which the license was issued shall learn or have brought to his attention in any manner any reasonable ground to believe the licensee is not eligible to retain the license, the judge may, after notice and hearing, revoke the license of the person upon adjudication of falsification of application, mental incompetency, chronic alcohol or narcotic usage, conviction of any felony or forcible misdemeanor, controlled substance or dangerous drug violation covered under paragraph (6) of subsection (c) of this Code section, or for violation of Code Section 16-11-126, 16-11-127, or 16-11-128. It shall be unlawful for any person to possess a license which has been re voked, and any person found in possession of any such revoked license, except in the per formance of his official duties, shall be guilty of a misdemeanor. It shall be required that any license holder under this Code section have in his possession his valid license whenever he is THURSDAY, FEBRUARY 21, 1991 907 carrying a pistol or revolver under the authority granted by this Code section, and his fail ure to do so shall be prima-facie evidence of a violation of Code Section 16-11-128. Loss of any license issued in accordance with this Code section or damage to the license in any manner which shall render it illegible shall be reported to the judge of the probate court of the county in which it was issued within 48 hours of the time the loss or damage becomes known to the license holder. The judge of the probate court shall thereupon issue a replace ment for and shall take custody of and destroy a damaged license; and in any case in which a license has been lost, he shall issue a cancellation order. A fee of $3.00 shall be charged by the judge for such services. (g) License specifications. Licenses issued as prescribed in this Code section shall be printed on durable but lightweight card stock, and the completed card shall be laminated in plastic to improve its wearing qualities and to inhibit alterations. Measurements shall be 3'/4 inches long, and 2'/4 inches wide. Each shall be serially numbered within the county of issuance and shall bear the full name, actual residence address, birth date, weight, height, color of eyes, sex, and a clear print of the right index finger of the licensee. If the right index fingerprint cannot be secured for any reason, the print of another finger may be used but shall be marked to identify the finger from which the print is taken. The license shall show the date of issuance, the expiration date, the probate court in which issued, and shall be signed by the licensee and bear the signature or facsimile thereof of the judge. The seal of the court shall be placed on the face before the license is laminated. The reverse side of the license shall have imprinted thereon in its entirety Code Section 16-11-127. (h) Alteration or counterfeiting of license; penalty. A person who deliberately alters or counterfeits such a license card commits a felony and, upon conviction thereof, shall be punished by imprisonment for a period of not less than one nor more than five years. (i) Licenses for former law enforcement officers. Any person who has served as a law enforcement officer for at least ten of the 12 years immediately preceding the retirement of such person as a law enforcement officer shall be entitled to be issued a license as provided for in this Code section without the payment of any of the fees provided for in this Code section. Such person must comply with all the other provisions of this Code section relative to the issuance of such licenses. As used in this subsection, the term 'law enforcement of ficer' means any peace officer who is employed by the United States government or by the State of Georgia or any political subdivision thereof and who is required by the terms of his employment, whether by election or appointment, to give his full time to the preservation of public order or the protection of life and property or the prevention of crime. Such term shall include sheriffs, deputy sheriffs, and conservation rangers. (j) Temporary renewal licenses. (1) Any person who holds a license under this Code section to carry a pistol or revolver may, at the time he applies for a renewal of the license, also apply for a temporary renewal license if less than 90 days remain before expiration of the license he then holds or if his previous license has expired within the last 30 days. (2) Unless the judge of the probate court knows or is made aware of any fact which would make the applicant ineligible for a five-year renewal license, the judge shall at the time of application issue a temporary renewal license to the applicant. (3) Such a temporary renewal license shall be in the form of a paper receipt indicating the date on which the court received the renewal application and shall show the name, ad dress, sex, age, and race of the applicant and that the temporary renewal license expires 90 days from the date of issue. (4) During its period of validity the temporary renewal permit, if carried on or about the holder's person together with the holder's previous license, shall be valid in the same manner and for the same purposes as a five-year license. (5) A $1.00 fee shall be charged by the probate court for issuance of a temporary re newal license. 908 JOURNAL OF THE SENATE (6) A temporary renewal license may be revoked in the same manner as a five-year license." Section 2. Said part is further amended by striking in their entirety subsections (a) and (b) of Code Section 16-11-131, relating to possession of firearms by convicted felons and first offender probationers, and inserting in lieu thereof new subsections (a) and (b) to read as follows: "(a) As used in this Code section, the term: (1) 'Convicted' means a plea of guilty, a finding of guilt by a court of competent juris diction, or the acceptance of a plea of nolo contendere by a court of competent jurisdiction. (2) 'Felony' means any offense punishable by imprisonment for a term of one year or more and includes conviction by a court-martial under the Uniform Code of Military Justice for an offense which would constitute a felony under the laws of the United States. (3) 'Firearm' includes any handgun, rifle, shotgun, or other weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge. (b) Any person who is on probation as a first offender pursuant to Article 3 of Chapter 8 of Title 42 or who has been convicted of a felony at any time by a court of this state or any other state; by a court of the United States including its territories, possessions, and dominions; or by a court of any foreign nation and who receives, possesses, or transports any firearm commits a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years." Section 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Alien Baldwin B ish P DEdagwekins Egan Hammill Harris Hill Kidd TLangf,ord, Moye Olmstead Ragan of 32nd Scott Steinberg T_ysm. ger Walker of 22nd Walker of 43rd Those voting in the negative were Senators: Albert Bowen Broun Coleman ^ollms Dean Echols English Foster Garner Gillis Hasty Hooks Huggins Johnson Marable Newbill Perdue Perry Phillips Pollard Ragan of 10th Ramsey Ray Robinson Tate Taylor Timmons Turner White THURSDAY, FEBRUARY 21, 1991 909 Those not voting were Senators: Burton Clay (excused) Henson Shumake Starr Thompson On the passage of the bill, the yeas were 19, nays 31. The bill, having failed to receive the requisite constitutional majority, was lost. Senator Kidd of the 25th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SB 45. SB 314. By Senators Hammill of the 3rd and Echols of the 6th: A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of judges of superior courts, so as to provide for a fifth judge of the superior courts of the Brunswick Judicial Circuit of Georgia; to provide for the appointment of the first such additional judge by the Governor; to provide for the election of successors to the judge initially appointed. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Broun BCuoretmonan Hammill Harris Hasty Henson Hill HHouoggksins DrD>eaawl,ki.sns Dean Ecnols Edge Egan English Foster Garner Gillis JiK^olh-djndjson Langford Marable Moye Newbill Olmstead Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Sgtcaortrt ^TS4taet.ienberg Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Bowen Clay (excused) Phillips Shumake On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 243. By Senators Coleman of the 1st and Alien of the 2nd: A bill to amend Part 7 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of laundries, cleaners, dyers, tailors, and 910 JOURNAL OF THE SENATE other similar establishments, so as to provide for an alternative method for the satisfaction of such liens; to provide for a certain notice at the time property is delivered for the performance of services. The report of the committee, which was favorable to the passage of the bill, was agreed to. On 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 Bishop Broun Burton Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Alien Bowen Clay (excused) Ray Robinson Shumake On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 334. By Senator Edge of the 28th: 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 Griffin Judicial Circuit of Georgia; to provide for the appointment of such additional judge by the Governor; to provide for the election of successors to the judge initially appointed. The report of the committee, which was favorable to the passage of the bill, was agreed to. On 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 Bishop Bowen Broun Burton Coleman Collins Dawkins Deal Dean Echols Edge Egan English THURSDAY, FEBRUARY 21, 1991 911 Garner Gillis Hammill Harris Hasty Henson Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 43rd White Those not voting were Senators: Alien Clay (excused) Foster Hill Perdue Robinson Shumake Walker of 22nd On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. SR 174. By Senators Hammill of the 3rd, Harris of the 27th and Clay of the 37th: A resolution designating the week of April 7 through 13, 1991, as "Georgia County Government Week". 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 Alien Baldwin Bowen Broun Burton Coleman Collins Deal Dean Echols Edge Egan English Garner Gillis Hammill Harris Hasty Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson Scott Steinberg Tate Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Bishop Clay (excused) Dawkins Foster Henson Ray Shumake Starr Taylor On the adoption of the resolution, the yeas were 47, nays 0. 912 JOURNAL OF THE SENATE The resolution, having received the requisite constitutional majority, was adopted. SR 180. By Senators Taylor of the 12th, Hooks of the 14th, Perry of the 7th and others: A resolution designating the developmental highway, known as "Corridor Z," as the "South Georgia Parkway". Senator Perry of the 7th moved that SR 180 be placed on the Table. On the motion, Senator Taylor of the 12th called for the yeas and nays; the call was sustained, and the vote was as follows: Those voting in the affirmative were Senators: Albert Bishop Broun Burton CCDoelaflnmmsan Echols Edge English Garner Gillis Hammill Hill Johnson KTLaidndgf/ordi Newbill Perdue Perry Phillips Ray Robinson Scott Starr m TStaeitienberg Thompson Turner Walker of 43rd White Those voting in the negative were Senators: Alien Baldwin Dawkins Deal Egan Foster Harris Hasty Hooks Huggins Marable Moye Olmstead Ragan of 32nd Taylor Timmons Tysinger Walker of 22nd Those not voting were Senators: Bowen Clay (excused) Henson Pollard Ragan of 10th Ramsey Shumake On the motion, the yeas were 31, nays 18; the motion prevailed, and SR 180 was placed on the Table. SB 255. By Senators Langford of the 35th and Albert of the 23rd: A bill to amend Code Section 16-5-23 of the Official Code of Georgia Annotated, relating to the offense of simple battery, so as to provide that a person who com mits the offense of simple battery against a police officer engaged in carrying out official duties shall, upon conviction, be punished for a misdemeanor of a high and aggravated nature. Senators Langford of the 35th, Bishop of the 15th and Baldwin of the 29th offered the following amendment: THURSDAY, FEBRUARY 21, 1991 913 Amend SB 255 by striking the words "for a" at the end of line 16, page 1, and by striking line 17, page 1 in its entirety and inserting in lieu thereof the following: "in the discretion of the Court by an additional fine not to exceed $500 or imprison ment not to exceed 10 days or both.". On the adoption of the amendment, the yeas were 34, nays 3, and the amendment was adopted. Senator Moye of the 34th offered the following amendment: Amend SB 255 by adding on page 1, line 4 and line 14, after the words "police officer": ", Law Enforcement Dog". On the adoption of the amendment, the yeas were 27, nays 3, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ray Robinson Scott Steinberg Tate Taylor Thompson Turner Tysinger Walker of 22nd Walker of 43rd Those not voting were Senators: Clay (excused) Hasty Phillips Ramsey Shumake Starr Timmons White On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. Senator Newbill of the 56th introduced a doctor of the day, Dr. Robert Ollins, of At lanta, Georgia, and Senator Ragan of the 10th introduced a doctor of the day, Dr. Jeff W. Byrd, of Thomasville, Georgia. 914 JOURNAL OF THE SENATE The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage: SB 310. By Senators Deal of the 49th, Edge of the 28th and Baldwin of the 29th: A bill to amend Article 7 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to continuances, so as to provide for an additional ground for a continuance because of attendance of a party or an attorney at the General Assembly by reason of such person's service on the staff of the General Assembly. The Senate Committee on Judiciary offered the following substitute to SB 310: A BILL To be entitled an Act to amend Article 7 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to continuances, so as to provide for an additional ground for a continuance because of attendance of a party or an attorney at the General Assembly by reason of such person's service on the staff of the General Assembly; to provide for continu ances because of service to certain standing committees; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 7 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to continuances, is amended by striking Code Section 9-10-150, relating to attend ance of a party or an attorney on the General Assembly, and inserting in lieu thereof a new Code Section 9-10-150 to read as follows: "9-10-150. It shall be the duty of the judge of any trial court of this state to continue, on or without motion, any case in the court when any party thereto or his attorney shall, when the case is reached, be absent from the court by reason of his membership in the General Assembly or by reason of his service on the staff of the General Assembly, during the entire length of any regular or extraordinary session thereof and during the first three weeks of any recessed or adjourned regular or extraordinary session thereof, including the first three weeks immediately following any session adjourned sine die, including standing committees other than committees of one, unless the party, in the absence of his attorney, or the attorney, in the absence of the party, shall, on the call of the case, announce ready for trial; provided, however, that where there are several attorneys engaged by a party, a contin uance shall be granted upon a showing by the party or his other counsel that the absent counsel is necessary or desirable for the proper handling of the case." Section 2. All laws and parts of laws in conflict with this Act are repealed. Senators Deal of the 49th, Edge of the 28th and Robinson of the 16th offered the fol lowing amendment: Amend the substitute to SB 310 offered by the Senate Committee on Judiciary by ad ding in line 6 of page 1 immediately following the words "on the staff of the following: "certain officers". By adding in line 22 of page 1 immediately following the words "General Assembly or" the following: "if lead counsel in such case shall be absent,". By striking in line 23 of page 1 the following: "General Assembly,", and inserting in lieu thereof the following: "President Pro Tempore, Speaker Pro Tempore, or the chairman of the Judiciary Com- THURSDAY, FEBRUARY 21, 1991 915 mittee or Special Judiciary Committee of the Senate or House of Representatives. Any such continuance shall last". On the adoption of the amendment, the yeas were 41, nays 0, and the amendment was adopted. Senators Edge of the 28th and Deal of the 49th offered the following amendment: Amend the substitute to SB 310 offered by the Senate Committee on Judiciary by strik ing on page 2, line 1, beginning with "including" through "one" on page 2, line 2. On the adoption of the amendment, the yeas were 42, 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 Alien Baldwin Bishop Bowen Broun Burton Coleman Collins Dawkins Deal Dean Echols Edge English Foster Gillis Hammill Harris Hasty Henson Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Voting in the negative was Senator Egan. Those not voting were Senators: Clay (excused) Hill Garner Shumake On the passage of the bill, the yeas were 51, nays 1. The bill, having received the requisite constitutional majority, was passed by substitute. The following general bill of the Senate, having been favorably reported on February 19 916 JOURNAL OF THE SENATE and lost, reconsidered on February 20 and placed on the Senate Rules Calendar for today, was put upon its passage: SB 200. By Senator Harris of the 27th: A bill to amend Article 2 of Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to county governing authorities, so as to provide minimum salaries for full-time chairmen of county governing authorities and elected chief executive officers; to provide for cost-of-living adjustments and other adjust ments to salaries of members of the county governing authorities and elected chief executive officers; to provide exceptions. Senator Harris of the 27th moved that SB 200 be committed to the Senate Committee on Urban and County Affairs (General). On the motion, the yeas were 40, nays 1; the motion prevailed, and SB 200 was commit ted to the Senate Committee on Urban and County Affairs (General). Senator Taylor of the 12th moved that the following general resolution of the Senate, having been read the third time previously today and placed on the Table, be taken from the Table: SR 180. By Senators Taylor of the 12th, Hooks of the 14th, Perry of the 7th and others: A resolution designating the developmental highway, known as "Corridor Z," as the "South Georgia Parkway". On the motion, the yeas were 39, nays 0; the motion prevailed, and SR 180 was taken from the Table and put upon its passage. Senator Taylor of the 12th moved that SR 180 be postponed until Friday, February 22. On the motion, the yeas were 43, nays 0; the motion prevailed, and SR 180 was post poned until Friday, February 22. Senator Garner of the 30th moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed. At 12:15 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow. FRIDAY, FEBRUARY 22, 1991 917 Senate Chamber, Atlanta, Georgia Friday, February 22, 1991 Twenty-seventh Legislative Day The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President. Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct. Senator Kidd of the 25th moved that the Senate reconsider its action on February 21 on defeating the following bill of the Senate: SB 45. By Senator Kidd of the 25th: A bill 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 the provisions relating to the issuance of a license to carry a pistol or revolver; to authorize the issuance of a license to certain residents of other states, territories, or foreign countries. On the motion, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Alien Baldwin Bowen Broun Burtn CC~ oo,llyleimnsan Dawkins Deal Echols Egan Hammill Harris Henson Hill Hooks HTK^uld.gfdgjins Langford Marable Moye Newbill Perdue Pollard Ragan of 10th Ragan of 32nd Ramsey SSc^tceomttbi_erg Taylor Turner Tysinger White Those not voting were Senators: Albert Bishop Dean English Foster Garner (excused conferee) Gillis Hasty Johnson (excused conferee) Langford prr1 Phillips Ray Robinson Shumake Starr Tate TMUC; oo,llyleimnsan Dawkins Dean Echols Edge English Foster Gillis Harris Hasty Henson Hill Hooks Huggins Kidd L,p,aanragbf,o,lerd Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake SSo,tteair.nrb, erg Tate Taylor Thompson Turner Tysinger Walker of 43rd White Voting in the negative was Senator Egan. Those not voting were Senators: Deal (excused conferee) Hammill Timmons Garner (excused conferee) Johnson (excused conferee) Walker of 22nd On the passage of the bill, the yeas were 49, nays 1. The bill, having received the requisite constitutional majority, was passed by substitute. 952 JOURNAL OF THE SENATE The following bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage: SB 352. By Senator Albert of the 23rd: 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 Golden Retriever as the official dog of this state. Senator Shumake of the 39th offered the following substitute to SB 352: A BILL To be entitled an Act to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate UGA, the mascot of the University of Georgia, as the official dog of this state; to repeal conflicting laws; and for other purposes. WHEREAS, UGA is the world-famous mascot of the University of Georgia, the flagship institution of the University System of Georgia; and WHEREAS, UGA is a living symbol of the great spirit and proud tradition of the Uni versity of Georgia; and WHEREAS, UGA is a unique and renowned good-will ambassador for the university and for the State of Georgia; and WHEREAS, UGA is an outstanding example of the excellent breed of English bulldog beloved by generations of dog lovers. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, is amended by adding a new Code Section 50-3-66 at the end thereof to read as follows: "50-3-66. UGA, the bulldog mascot, is designated as the official Georgia state dog." Section 2. All laws and parts of laws in conflict with this Act are repealed. Senator Shumake of the 39th asked unanimous consent that the substitute to SB 352 offered by him be withdrawn; the consent was granted, and the substitute to SB 352 offered by Senator Shumake of the 39th 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 Dawkins Kidd Langford Phillips Ragan of 32nd Scott Taylor Walker of 43rd Those voting in the negative were Senators: Alien Baldwin Bishop Bowen Broun Burton Coleman Collins Dean Echols Edge Egan Foster Garner Gillis FRIDAY, FEBRUARY 22, 1991 953 Hammill Hasty Henson Hill Hooks Huggins Marable Moye Newbill Perdue Perry Pollard Ragan of 10th Ramsey Robinson Shumake Steinberg Tate Thompson Turner Tysinger White Those not voting were Senators: Deal (excused conferee) English Harris Johnson (excused conferee) Olmstead Ray Starr Timmons Walker of 22nd On the passage of the bill, the yeas were 10, nays 37. The bill, having failed to receive the requisite constitutional majority, was lost. The following general resolution of the Senate, having been read the third time on Feb ruary 21 and placed on the Table, and taken from the Table on February 21 and postponed until February 22, was put upon its adoption: SR 180. By Senators Taylor of the 12th, Hooks of the 14th, Perry of the 7th and others: A resolution designating the developmental highway, known as "Corridor Z," as the "South Georgia 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: Albert Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan Gillis Hammill Hasty Hooks Huggins Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson Shumake Steinberg Tate Taylor Thompson Turner Tysinger Walker of 43rd White Those not voting were Senators: Deal (excused conferee) English Garner (excused conferee) Harris Henson Hill Johnson (excused conferee) Ray Scott Starr Timmons Walker of 22nd 954 JOURNAL OF THE SENATE On the adoption of the resolution, the yeas were 43, nays 0. The resolution, having received the requisite constitutional majority, was adopted. Senator Garner of the 30th moved that the Senate recess until 5:00 o'clock P.M. and, pursuant to HR 368, adopted previously, stand adjourned at 5:00 o'clock P.M. until 9:30 o'clock A.M. Monday, February 25. The President announced the motion prevailed at 12:26 o'clock P.M. MONDAY, FEBRUARY 25, 1991 955 Senate Chamber, Atlanta, Georgia Monday, February 25, 1991 Twenty-eighth Legislative Day The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President. Senator Huggins of the 53rd reported that the Journal of the proceedings of Friday, 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 802. By Representatives Stancil of the 8th, Pinholster of the 8th and Barnett of the 10th: A bill to amend an Act incorporating the City of Canton, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmen. HB 803. By Representatives Stancil of the 8th, Pinholster of the 8th and Barnett of the 10th: A bill to create a board of elections and registration for Cherokee County and provide for its powers and duties. HB 805. By Representatives Atkins of the 21st, Vaughan of the 20th, Clark of the 20th, Post 3, Clark of the 20th, Post 4, Klein of the 21st and others: A bill to create the Cobb County Commission for Operation Desert Storm Family Assistance. HB 809. By Representative Coleman of the 118th: A bill to amend an Act providing a new charter for the City of Eastman, so as to extend and increase the corporate limits of the City of Eastman. HB 810. By Representatives Snow of the 1st, McCoy of the 1st and Perry of the 5th: A bill to amend an Act creating the Dade County Water and Sewer Authority, so as to change the provisions relating to members of the authority and the appoint ment and manner of filling vacancies relative thereto. HB 813. By Representative Perry of the 5th: A bill to amend an Act creating the State Court of Chattooga County, so as to change the provisions relating to the compensation of the judge and the solicitor of said court. 956 JOURNAL OF THE SENATE HB 558. By Representatives Patten of the 149th, Long of the 142nd and Floyd of the 135th: A bill to amend Chapter 51 of Title 43 of the Official Code of Georgia Annotated, relating to water and wastewater treatment plant operators and laboratory ana lysts, so as to amend the automatic repeal of such chapter; to define certain terms. HB 660. By Representative Reaves of the 147th: A bill to amend Code Section 2-8-53 of the Official Code of Georgia Annotated, relating to membership of the Agricultural Commodity Commission for Peanuts, so as to provide that if only one person qualifies for a position on the commis sion, no election shall be required for that position and that person shall auto matically become a member of the commission. HB 763. By Representative Colwell of the 4th: A bill to amend Chapter 10 of Title 42 of the Official Code of Georgia Annotated, the "Correctional Industries Act," so as to provide that any compensation paid to the executive officer of the Georgia Correctional Industries Administration shall be paid from earnings of the administration and not from appropriations. HB 576. By Representative Lord of the 107th: 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 modify the provisions for registration of apprenticeship. HB 601. By Representatives Holmes of the 28th, Chambless of the 133rd, Lee of the 72nd, Murphy of the 18th and Walker of the 115th: A bill to amend Code Section 21-2-140 of the Official Code of Georgia Annotated, relating to mandatory drug testing for certain candidates, so as to change the definition of an illegal drug; to increase the maximum amount for reimbursement candidates who file paupers' affidavits. HB 637. By Representatives Cummings of the 17th and Floyd of the 135th: A bill to amend Code Section 47-1-2 of the Official Code of Georgia Annotated, relating to the pooling of funds by retirement systems for investment purposes, so as to change a provision relating to the determination of state retirement systems. HB 656. By Representative Cummings of the 17th: A bill to amend Code Section 47-3-83 of the Official Code of Georgia Annotated, relating to creditable service for military service under the Teachers Retirement System of Georgia, so as to provide for a continuation of employer contributions for members required to perform ordered military duty. HB 546. By Representatives Childers of the 15th and Barnett of the 10th: A bill to amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning, so as to change the provisions whereby certain revocation orders of the Department of Human Resources will operate to revoke automatically a health care facility's certificate of need or authorization to operate. MONDAY, FEBRUARY 25, 1991 957 HB 340. By Representatives Dover of the llth, Godbee of the 110th and Royal of the 144th: A bill to amend Code Section 48-2-59 of the Official Code of Georgia Annotated, relating to appeals to the superior court from certain orders, rulings, or findings of the state revenue commissioner, so as to require the filing of a surety bond with respect to certain appeals. HB 139. By Representatives Parham of the 105th, Barnett of the 10th and Harris of the 84th: A bill to amend Article 7 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, the "Uniform Commercial Driver's License Act," so as to change the applicability of the Act to certain types of vehicles; to change certain require ments for issuance of a commercial driver's license. HB 709. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Alford of the 57th: A bill to amend Chapter 9 of Title 12 of the Official Code of Georgia Annotated, "The Georgia Air Quality Act of 1978," so as to change provisions relating to fees charged as a condition of any permit required by the chapter. HB 659. By Representative Alford of the 57th: A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Au thority Act of 1965," so as to provide clarification of the jurisdiction granted to the Authority's security and police force and to provide for qualifications and powers and grant immunity to officers of such force. HB 578. By Representatives Coleman of the 118th, Poston of the 2nd and Colwell of the 4th: A bill to amend Code Section 50-9-5 of the Official Code of Georgia Annotated, relating to the general powers of the Georgia Building Authority, so as to provide that the Georgia Building Authority may acquire and dispose of real property for railroad operations. SB 221. By Senator Olmstead of the 26th: A bill to amend an Act entitled "Macon-Water Commissioners Pension Plan," as amended, so as to change certain provisions relating to employer contributions; to provide an effective date. The House has adopted by the requisite constitutional majority the following resolu tions of the House: HR 318. By Representatives Walker of the 115th, Ray of the 98th, Groover of the 99th, Murphy of the 18th and Lee of the 72nd: A resolution designating the John T. McKenzie Bridge. HR 337. By Representatives Smith of the 156th and Fennel of the 155th: A resolution providing for the dedication of the Department of Natural Re sources Regional Headquarters Building in Brunswick, Georgia, in honor of Sa muel Thomas Cofer. HR 376. By Representatives Connell of the 87th and Thomas of the 69th: A resolution recognizing and celebrating March 1, 1991, as Saint David's Day in the State of Georgia. 958 JOURNAL OF THE SENATE The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate: SB 252. By Senator Pollard of the 24th: A bill to amend as Act providing a new charter for the City of Harlem so as to provide the time of election, taking of office, and terms of office, and terms of office of the mayor and council; to provide for the authority for this Act. The following bills and resolutions of the Senate were introduced, read the first time and referred to committees: SB 381. By Senator Baldwin of the 29th: A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Water Quality Control Act," so as to establish limits on the amount of phosphorus which may be contained in waste water dis charged by certain water pollution control plants into the Chattahoochee River between Buford Dam and West Point Reservoir on or after January 1, 1992. Referred to Committee on Natural Resources. SB 382. By Senator Kidd of the 25th: A bill to amend Chapter 4 of Title 21 of the Official Code of Georgia Annotated, known as the "Recall Act of 1989," so as to change certain definitions; to change the provisions relating to grounds for recall; to change the provisions relating to legal sufficiency of an application for recall petition or a recall petition; to pro vide for the effect of failure to submit a recall petition or an application therefor for verification. Referred to Committee on Governmental Operations. SB 383. By Senators Robinson of the 16th, Gillis of the 20th, Hammill of the 3rd and others: A bill to amend Part 2 of Article 5 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to trial juries in felony cases, so as to provide for an equal number of peremptory challenges by the defendant and the prosecuting attorney. Referred to Committee on Special Judiciary. SB 384. By Senators Pollard of the 24th, Kidd of the 25th and Edge of the 28th: A bill to amend Code Section 15-6-93, relating to office hours of the clerks of the superior courts, so as to change the provisions relating to office hours. Referred to Committee on Governmental Operations. SB 385. By Senator English of the 21st: A bill to amend Code Section 12-13-10 of the Official Code of Georgia Annotated, relating to environmental assurance fees, so as to raise the allowable fee from 0.1 cent per gallon to 1.0 cent per gallon; to provide for related matters; to provide for an effective date. Referred to Committee on Natural Resources. SB 386. By Senators Scott of the 36th, Newbill of the 56th, Shumake of the 39th and others: A bill to provide that the Board of Commissioners of Fulton County and the Council of the City of Atlanta shall site no new solid waste disposal facility, in- MONDAY, FEBRUARY 25, 1991 959 eluding a sewage sludge incinerator, until they enact local solid waste disposal plans; to provide an effective date. Referred to Committee on Urban and County Affairs. SB 387. By Senators Tysinger of the 41st, Broun of the 46th and Tate of the 38th: A bill to amend Chapter 9 of Title 10 of the Official Code of Georgia Annotated, the "Geo. L. Smith II Georgia World Congress Center Act," so as to authorize the Geo. L. Smith II Georgia World Congress Center Authority to obtain and use conviction data, under certain conditions, concerning its officers and employees and prospective officers and employees. Referred to Committee on Economic Development and Tourism. SB 388. By Senator Deal of the 49th: A bill 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. Referred to Committee on Judiciary. SB 389. By Senator Kidd of the 25th: A bill to amend Code Section 3-6-21.1 of the Official Code of Georgia Annotated, relating to the licensing of farm wineries to engage in retail and wholesale sales, so as to provide that the limit on the maximum number of tasting rooms permis sible off the premises of farm wineries shall be set by the commissioner of reve nue; to provide that the commissioner of revenue shall authorize no fewer than 15 of such tasting rooms; to provide for intent. Referred to Committee on Finance and Public Utilities. SR 213. By Senators Burton of the 5th, Hooks of the 14th and Kidd of the 25th: A resolution designating the Andersonville POW Memorial Trail. Referred to Committee on Governmental Operations. SR 217. By Senator Moye of the 34th: A resolution endorsing the Wolf Creek Skeet and Trap Club and Cochran Mill Park as sites for Olympic competition. Referred to Committee on Economic Development and Tourism. The following bills and resolutions of the House were read the first time and referred to committees: HB 139. By Representatives Parham of the 105th, Barnett of the 10th and Harris of the 84th: A bill to amend Article 7 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, the "Uniform Commercial Driver's License Act," so as to change the applicability of the Act to certain types of vehicles; to change certain require ments for issuance of a commercial driver's license. Referred to Committee on Public Safety. HB 340. By Representatives Dover of the llth, Godbee of the 110th and Royal of the 144th: A bill to amend Code Section 48-2-59 of the Official Code of Georgia Annotated, relating to appeals to the superior court from certain orders, rulings, or findings 960 JOURNAL OF THE SENATE of the state revenue commissioner, so as to require the filing of a surety bond with respect to certain appeals. Referred to Committee on Finance and Public Utilities. HB 546. By Representatives Childers of the 15th and Barnett of the 10th: A bill to amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning, so as to change the provisions whereby certain revocation orders of the Department of Human Resources will operate to revoke automatically a health care facility's certificate of need or authorization to operate. Referred to Committee on Health and Human Services. HB 558. By Representatives Patten of the 149th, Long of the 142nd and Floyd of the 135th: A bill to amend Chapter 51 of Title 43 of the Official Code of Georgia Annotated, relating to water and wastewater treatment plant operators and laboratory ana lysts, so as to amend the automatic repeal of such chapter; to define certain terms. Referred to Committee on Natural Resources. HB 576. By Representative Lord of the 107th: 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 modify the provisions for registration of apprenticeship. Referred to Committee on Governmental Operations. HB 578. By Representatives Coleman of the 118th, Poston of the 2nd and Colwell of the 4th: A bill to amend Code Section 50-9-5 of the Official Code of Georgia Annotated, relating to the general powers of the Georgia Building Authority, so as to provide that the Georgia Building Authority may acquire and dispose of real property for railroad operations. Referred to Committee on Transportation. HB 601. By Representatives Holmes of the 28th, Chambless of the 133rd, Lee of the 72nd and others: A bill to amend Code Section 21-2-140 of the Official Code of Georgia Annotated, relating to mandatory drug testing for certain candidates, so as to change the definition of an illegal drug; to increase the maximum amount for reimbursement candidates who file paupers' affidavits. Referred to Committee on Governmental Operations. HB 637. By Representatives Cummings of the 17th and Floyd of the 135th: A bill to amend Code Section 47-1-2 of the Official Code of Georgia Annotated, relating to the pooling of funds by retirement systems for investment purposes, so as to change a provision relating to the determination of state retirement systems. Referred to Committee on Retirement. HB 656. By Representative Cummings of the 17th: A bill to amend Code Section 47-3-83 of the Official Code of Georgia Annotated, relating to creditable service for military service under the Teachers Retirement MONDAY, FEBRUARY 25, 1991 961 System of Georgia, so as to provide for a continuation of employer contributions for members required to perform ordered military duty. Referred to Committee on Retirement. HB 659. By Representative Alford of the 57th: A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Au thority Act of 1965," so as to provide clarification of the jurisdiction granted to the Authority's security and police force and to provide for qualifications and powers and grant immunity to officers of such force. Referred to Committee on Urban and County Affairs. HB 660. By Representative Reaves of the 147th: A bill to amend Code Section 2-8-53 of the Official Code of Georgia Annotated, relating to membership of the Agricultural Commodity Commission for Peanuts, so as to provide that if only one person qualifies for a position on the commis sion, no election shall be required for that position and that person shall auto matically become a member of the commission. Referred to Committee on Agriculture. HB 709. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Alford of the 57th: A bill to amend Chapter 9 of Title 12 of the Official Code of Georgia Annotated, "The Georgia Air Quality Act of 1978," so as to change provisions relating to fees charged as a condition of any permit required by the chapter. Referred to Committee on Natural Resources. HB 763. By Representative Colwell of the 4th: A bill to amend Chapter 10 of Title 42 of the Official Code of Georgia Annotated, the "Correctional Industries Act," so as to provide that any compensation paid to the executive officer of the Georgia Correctional Industries Administration shall be paid from earnings of the administration and not from appropriations. Referred to Committee on Governmental Operations. HB 802. By Representatives Stancil of the 8th, Pinholster of the 8th and Barnett of the 10th: A bill to amend an Act incorporating the City of Canton, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmen. Referred to Committee on Urban and County Affairs. HB 803. By Representatives Stancil of the 8th, Pinholster of the 8th and Barnett of the 10th: A bill to create a board of elections and registration for Cherokee County and provide for its powers and duties. Referred to Committee on Urban and County Affairs. HB 805. By Representatives Atkins of the 21st, Vaughan of the 20th, Clark of the 20/3 and others: A bill to create the Cobb County Commission for Operation Desert Storm Family Assistance. Referred to Committee on Urban and County Affairs. 962 JOURNAL OF THE SENATE HB 809. By Representative Coleman of the 118th: A bill to amend an Act providing a new charter for the City of Eastman, so as to extend and increase the corporate limits of the City of Eastman. Referred to Committee on Urban and County Affairs. HB 810. By Representatives Snow of the 1st, McCoy of the 1st and Perry of the 5th: A bill to amend an Act creating the Dade County Water and Sewer Authority, so as to change the provisions relating to members of the authority and the appoint ment and manner of filling vacancies relative thereto. Referred to Committee on Urban and County Affairs. HB 813. By Representative Perry of the 5th: A bill to amend an Act creating the State Court of Chattooga County, so as to change the provisions relating to the compensation of the judge and the solicitor of said court. Referred to Committee on Urban and County Affairs. HR 318. By Representatives Walker of the 115th, Ray of the 98th, Groover of the 99th and others: A resolution designating the John T. McKenzie Bridge. Referred to Committee on Transportation. HR 337. By Representatives Smith of the 156th and Fennel of the 155th: A resolution providing for the dedication of the Department of Natural Re sources Regional Headquarters Building in Brunswick, Georgia, in honor of Sa muel Thomas Cofer. Referred to Committee on Natural Resources. Mr. President: The Committee on Judiciary has had under consideration the following bills of the Sen ate and has instructed me to report the same back to the Senate with the following recommendations: SB 301. Do pass by substitute. SB 322. Do pass by substitute. SB 325. Do pass by substitute. Respectfully submitted, Senator Baldwin of the 29th District, Chairman Mr. President: The Committee on Rules has had under consideration the following resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SR 205. Do pass. HR 285. Do pass by substitute. Respectfully submitted, Senator Dean of the 31st District, Chairman MONDAY, FEBRUARY 25, 1991 963 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 361. Do pass. HB 759. Do pass. SB 362. Do pass. HB 764. Do pass. SB 368. Do pass. HB 766. Do pass. HB 737. 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 50. By Senator Kidd of the 25th: A bill to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to create the Joint Legislative Commission on Fu ture Strategies; to provide for the appointment of members and their terms of office and compensation; to provide for the powers and duties of said commission. SB 246. By Senators Newbill of the 56th, Clay of the 37th, Thompson of the 33rd and Ragan of the 32nd: A bill to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees of the clerks of superior courts, so as to provide that sheriffs shall be exempt from paying the clerks' recording fees for criminal bonds and writs of fieri facias issued on criminal bond forfeitures. SB 274. By Senators Collins of the 17th and Starr of the 44th: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to periods of suspension of drivers' licenses; to provide for periods of suspension with respect to violating Code Section 40-6-391, relating to driving under the influence of al cohol or drugs. SB 345. By Senators Newbill of the 56th, Thompson of the 33rd and Ragan of the 32nd: A bill to amend Code Section 50-18-71 of the Official Code of Georgia Annotated, relating to the right of access to make photographs or reproductions, so as to exclude the sheriff's office from the provisions of such Code section; to amend Code Section 15-16-21 of the Official Code of Georgia Annotated, relating to fees for sheriffs services, so as to authorize the rights of access to make photographs or reproductions of certain documents under the jurisdiction of the sheriff; to provide for fees and other reasonable charges in connection with the making of such photographs or reproductions. SB 348. By Senator Turner of the 8th: A bill to amend Part 1 of Article 6 of Chapter 2 of Title 20, relating to the objec tives and purposes of the "Quality Basic Education Act," so as to provide that any child who is a patient or client in a facility licensed by the State of Georgia to deliver intermediate nursing care or intermediate care for the mentally re tarded and who remains in that facility for more than 60 days shall be eligible for enrollment in a free public instructional program. 964 JOURNAL OF THE SENATE SB 367. By Senator Deal of the 49th: A bill to amend Code Section 16-12-35 of the Official Code of Georgia Annotated, relating to manufacture and sale of printed materials and equipment for use in a lottery conducted by a state or foreign country, so as to delete the provisions requiring such lottery to be conducted by a state or foreign country. SB 370. By Senators Deal of the 49th and Kidd of the 25th: A bill to amend Code Section 35-6A-3 of the Official Code of Georgia Annotated, relating to membership of the Criminal Justice Coordinating Council, so as to change the membership of the council; to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for chil dren and youth, so as to create the Georgia Commission on Juvenile Justice as a successor to the Juvenile Justice Coordinating Council and the Commission on Children and Youth. SR 166. By Senators Tate of the 38th, Scott of the 36th, Walker of the 22nd and others: A resolution creating the Urban Policy Study Commission. SR 190. By Senators Coleman of the 1st, Thompson of the 33rd, Hill of the 4th and Dean of the 31st: A resolution creating the Joint Study Committee on Regional Development Centers. SR 197. By Senators Coleman of the 1st, Thompson of the 33rd and Hill of the 4th: A resolution creating the Joint Georgia Airport Development Authority Study Committee. SR 200. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A resolution proposing an amendment to the Constitution so as to provide that the director of the Office of Planning and Budget shall be a member of the Geor gia State Financing and Investment Commission; to provide for the submission of this amendment for ratification or rejection. HB 14. By Representative Lane of the 27th: A bill to amend Code Section 21-2-470 of the Official Code of Georgia Annotated, relating to procedures in precincts using vote recorders for obtaining ballot cards, recording votes thereon, and depositing ballot cards to conform to procedures prescribed for paper ballots with respect to elections and primaries generally, so as to provide that the superintendents shall modify a voting booth in each pre cinct or make paper ballots available for certain handicapped electors and shall provide sufficient accommodations to permit such handicapped electors to vote in private. HB 66. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Adams of the 79th: A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide for the forfeiture of a motor vehicle operated by a person who is arrested for driving under the influence if the person has two previous convictions of driving under the influ ence within a five-year period. MONDAY, FEBRUARY 25, 1991 965 HB 241. By Representatives Lord of the 107th, Poston of the 2nd, Breedlove of the 60th and others: A bill to amend Code Section 38-3-27 of the Official Code of Georgia Annotated, relating to local organizations for emergency management, so as to provide that the governing authority of each county shall establish a local organization for emergency management; to authorize cities to establish local organizations for emergency management. HB 335. By Representatives Dover of the llth, Godbee of the 110th 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 338. By Representatives Dover of the llth, Godbee of the 110th and Royal of the 144th: A bill to amend Article 4 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to payment of income taxes, so as to change the time of pay ment with respect to corporations. HB 350. By Representatives Watson of the 114th, Pettit of the 19th, Dixon of the 128th and Hamilton of the 124th: A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," so as to provide that the administrator may certify to telephone service carriers that certain billings should be suspended while a cease and desist order is in effect. HB 428. By Representatives Walker of the 115th, Murphy of the 18th, Groover of the 99th and others: A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions pertaining to the General Assembly, so as to change provisions relating to the method of proof of advertisement of local bills. HB 470. By Representative Pinkston of the 100th: A bill to amend Code Section 7-1-709 of the Official Code of Georgia Annotated, relating to the applicability of provisions regulating and licensing check cashers, so as to change an exemption from the requirement of obtaining a license to cash checks. HB 514. By Representative Watson of the 114th: 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 provide accounting methods to be used by gas utilities in rate-making proceedings. HB 532. By Representatives Holland of the 136th and Hanner of the 131st: A bill to repeal an Act to provide for a board of elections in each county of this state having a population of not less than 11,675 nor more than 11,725 according to the United States decennial census of 1980 or any future such census. 966 JOURNAL OF THE SENATE The following communication from Honorable Max Cleland, Secretary of State, was received and read by the Secretary: Secretary of State Elections Division 110 State Capitol Atlanta, Georgia 30334 February 22, 1991 The Honorable Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, Georgia 30334 Dear Mr. McWhorter, Jr.: I am transmitting to you herewith a certified list of those persons who have registered in the Docket of Legislative Appearance for the 1991 Regular Session as of 2:30 p.m. on February 22, 1991. The list is numbered 999 through 1022. 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 999 through 1022, who have registered in the Docket of Legislative Appearance as of February 22, 1991, 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 22nd day of February, in the year of our Lord One Thousand Nine Hundred and Ninety-One and of the Independence of the United States of America the Two Hundred and Fifteenth. (SEAL) /s/ Max Cleland Secretary of State 999. John M. Michael 154 Locust Street, N.E. Atlanta, Georgia 30317-1011 (404)373-4363 Native American Land Struggles Coalition 1000. Void i1n0m01. JL3io6is7the3ipaGhi, SrrCopo..rvicSneegrxss,ttoLGnaekoergRiad.30057 (404)739-1054 Georgia Denturist Assoc. 1002. Receda Gray 9911 Pine Shadow Dr. Dallas, Georgia 30132 (404)445-0498 Citizen for Freedom of Choice 1003. KimberlyGoff 938 Peachtree Street Atlanta, MiUT0e4djW -lc7al6, "Gr Thompson Turner Tysinger Walker of 22nd White Those not voting were Senators: Hasty Langford Phillips Scott Shumake Timmons Walker of 43rd On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. SB 284. By Senators Garner of the 30th, English of the 21st and Ray of the 19th: A bill to amend Article 1 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relative to emergency medical services, so as to provide that medical directors of licensed ambulance services, first responders, and neonatal services are authorized to furnish and control the number and type of intravenous fluids required on the vehicles of their particular services. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Pollard Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Taylor Thompson Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Hasty Phillips Ragan of 10th Tate Timmons On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed. 978 JOURNAL OF THE SENATE SB 299. By Senators Garner of the 30th and Albert of the 23rd: A bill to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to change the provisions relating to definitions; to provide for the licensure and regulation of air ambulance services and provide for classes of licenses and requirements for licensure; to provide for penalties. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Clay Collins Dawkins Deal Dean Echols Edge Egan English Foster Gillis Hammill Harris Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Coleman Garner Hasty Shumake Timmons On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed. The following local bill of the Senate was taken up for the purpose of considering the House amendment thereto: SB 252. By Senator Pollard of the 24th: A bill to amend an Act providing a new charter for the City of Harlem so as to provide the time of election, taking of office, and terms of office of the mayor and council; to provide for the authority for this Act. The House amendment was as follows: Amend SB 252 by striking on page 2, line 8, the following: "case", and inserting in lieu thereof the following: "cast". MONDAY, FEBRUARY 25, 1991 979 Senator Pollard of the 24th moved that the Senate agree to the House amendment to SB 252. On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 252. The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage: SB 315. By Senators Newbill of the 56th, Shumake of the 39th, Moye of the 34th and others: A bill to amend Code Section 15-11-41 of the Official Code of Georgia Annotated, relating to limitations of time on orders of disposition committing a delinquent or unruly child to the Division of Youth Services, so as to provide for additional periodic reviews for cases of children in foster care under the supervision of the Division of Family and Children Services of the Department of Human Resources. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Burton ^lay >CrD,; o0alwfl.im,kni-sanns Dean Echols Edge Egan English Foster Gillis Hammill Harris Hasty Henson Hill Hooks Huggins JKTo^ih-dJndJson Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott SS0S_4htt.eaumr.mrbaekreg Tate Thompson Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Broun Garner Taylor Timmons On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed. 980 JOURNAL OF THE SENATE SB 324. By Senators Ragan of the 32nd, Thompson of the 33rd, Edge of the 28th and others: A bill to amend Code Section 40-8-92 of the Official Code of Georgia Annotated, relating to designation of emergency vehicles and flashing or revolving lights, so as to restrict the use of flashing or revolving green lights. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Co7leman CDoalwliknisns Deal Dean Edge Egan Foster Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Langford, MMoavraeble Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Shumake S--teinberg ,Tiih*toempson Iimmons Turner Tysinger Walker of 22nd Walker of 43rd White Voting in the negative was Senator Gillis. Those not voting were Senators: Echols English Garner Scott Taylor On the passage of the bill, the yeas were 50, nays 1. The bill, having received the requisite constitutional majority, was passed. SB 335. By Senators Walker of the 22nd and Albert of the 23rd: A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for the transfer of probation and intake services and probation and intake employees to the Department of Human Resources; to provide for definitions; to provide for salary schedules and personnel policies; to provide for transfer approvals; 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: MONDAY, FEBRUARY 25, 1991 981 Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Cloalveman Collins Dawkins Deal Dean Edge Egan English Foster Gillis Hammill Harris Hasty Henson Hm Hooks Muggins JKihdndson Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Rav Robinson Scott Shumake TSteinberg6 *a , laylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Echols Garner Starr On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 347. By Senators Robinson of the 16th and Pollard of the 24th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to enhance the financial regulatory capabilities of the Commissioner of Insurance; to provide for insurer statement filings with the National Association of Insurance Commissioner; to provide for limited im munity in the use of information; to provide for confidentiality; to provide sanc tions; to establish methods of allowance of credit for reinsurance. The Senate Committee on Insurance and Labor offered the following substitute to SB 347: A BILL To be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to enhance the financial regulatory capabilities of the Commissioner of Insurance; to provide for insurer statement filings with the National Association of Insurance Commissioner; to provide for limited immunity in the use of infor mation; to provide for confidentiality; to provide sanctions; to establish methods of allow ance of credit for reinsurance; to provide standards, definitions, procedures, and financial conditions associated therewith; to provide a regulatory framework regarding certain acqui sitions involving insurers and holding company systems; to provide exceptions; to provide for notices and waiting periods; to provide competitive standards; to provide for orders of the Commissioner; to provide sanctions for violations; to modernize provisions governing transactions between affiliates in holding company systems; to provide standards; to provide for the powers of the Commissioner over affiliate transactions; to revise and modernize com prehensively the regulatory framework concerning the rehabilitation, reorganization, conser vation, and liquidation of insurers; to provide a short title; to provide for construction and purposes; to provide for application and definitions; to provide for the commencement and jurisdiction of delinquency proceedings; to provide for receivers and their powers and duties; to provide sanctions for failure to cooperate; to provide for application; to enumerate duties 982 JOURNAL OF THE SENATE of insurers; to provide for filings, orders, and judicial review; to provide procedures associ ated thereto; to provide for the contents and grounds of petitions; to provide rehabilitation and liquidation procedures; to provide powers and duties of a liquidator; to provide for notices; to provide for action relative to fraudulent transactions, preferences, and claims; to provide for offsetting claims; to provide for the recovery of assets and receivables; to provide for disbursement of assets; to provide for claims; to provide priorities of distribution; to provide for court supervision; to provide for proceedings relative to foreign or alien insurers; to provide for powers and duties of ancillary receivers; to provide for court supervision and procedures; to provide for the regulation of managing general agents of insurers; to provide for licensure; to provide for contractural provisions; to provide for examinations and re views; to provide for notices; to provide sanctions; to provide for construction; to provide a regulatory framework for business transacted with a producer controlled property and casu alty insurer; to provide definitions; to provide for the governance of transactions; to provide for violations and procedures relative thereto; to provide for the regulation and licensure of reinsurance intermediaries; to provide definitions; to provide prohibitions; to provide for conditions of licensure; to provide for transactions and the duties of brokers and insurers; to provide for transactions and duties involving managers and reinsurers; to provide for exami nations and reviews; to provide sanctions; 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. Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, is amended by adding immediately following Code Section 33-3-21.2, relating to the analysis of certain loss and loss adjustment expense reserves, a new Code section, to be designated Code Section 33-3-21.3, to read as follows: "33-3-21.3. (a) This Code section shall apply to all domestic, foreign, and alien insurers who are authorized to transact business in this state. (b) (1) Each domestic, foreign, and alien insurer who is authorized to transact insurance in this state shall file annually on or before March 1 of each year with the National Associa tion of Insurance Commissioners a copy of its annual statement convention blank along with such additional filings as prescribed by the Commissioner for the preceding year. The infor mation filed with the National Association of Insurance Commissioners shall be in the same format and scope as that required by the Commissioner and shall include the signed jurat page and the actuarial certification. Any amendments and addendums to the annual state ment filing subsequently filed with the Commissioner shall also be filed with the National Association of Insurance Commissioners. (2) Foreign insurers that are domiciled in a state which has a law substantially similar to paragraph (1) of this subsection shall be deemed in compliance with this subsection. (c) In the absence of actual malice, members of the National Association of Insurance Commissioners; their duly authorized committees, subcommittees, and task forces; their del egates; employees of the National Association of Insurance Commissioners; and all others charged with the responsibility of collecting, reviewing, analyzing, and disseminating the information developed from the filing of the annual statement convention blanks shall be acting as agents of the Commissioner under the authority of this Code section and shall not be subject to civil liability for libel, slander, or any other cause of action by virtue of their collection, review, analysis, and dissemination of the data and information collected from the filings required under this Code section. (d) Notwithstanding any provision of Article 4 of Chapter 18 of Title 50 to the contrary, all financial analysis ratios and examination synopses concerning insurance companies that are submitted to the department with an expectation of confidentiality by the National As sociation of Insurance Commissioners' Insurance Regulatory Information System shall be confidential and may not be disclosed by the department. (e) The Commissioner may suspend, revoke, or refuse to renew the certificate of author- MONDAY, FEBRUARY 25, 1991 983 ity of any insurer failing to file its annual statement when due or within any extension of time which the Commissioner, for good cause, may have granted." Section 2. Said title is further amended by striking Code Section 33-7-14, relating to the reinsurance of risks, in its entirety and inserting in its place a new Code Section 33-7-14 to read as follows: "33-7-14. (a) Credit for reinsurance shall be allowed a domestic ceding insurer as either an asset or a deduction from liability on account of reinsurance ceded only when the rein surer meets the requirements of paragraph (1), (2), (3), (4), or (5) of this subsection. If meeting the requirements of paragraph (3) or (4) of this subsection, the requirements of paragraph (6) of this subsection must also be met. (1) Credit shall be allowed when the reinsurance is ceded to an assuming insurer which is licensed to transact insurance or reinsurance in this state; (2) Credit shall be allowed when the reinsurance is ceded to an assuming insurer which is accredited as a reinsurer in this state. An accredited reinsurer is one which: (A) Files with the Commissioner evidence of its submission to this state's jurisdiction; (B) Submits to this state's authority to examine its books and records; (C) Is licensed to transact insurance or reinsurance in at least one state, or in the case of a United States branch of an alien assuming insurer is entered through and licensed to transact insurance or reinsurance in at least one state; and (D) Files annually with the Commissioner a copy of its annual statement filed with the insurance department of its state of domicile and a copy of its most recent audited financial statement and: (i) Maintains a surplus with regard to policyholders in an amount which is not less than $20 million and whose accreditation has not been denied by the Commissioner within 90 days of its submission; or (ii) Maintains a surplus with regard to policyholders in an amount less than $20 million and whose accreditation has been approved by the Commissioner. No credit shall be allowed a domestic ceding insurer if the assuming insurer's accreditation has been revoked by the Commissioner after notice and hearing: (3) Credit shall be allowed when the reinsurance is ceded to an assuming insurer which is domiciled and licensed in, or, in the case of a United States branch of an alien assuming insurer, is entered through a state which employs standards regarding credit for reinsurance substantially similar to those applicable under this Code section and the assuming insurer or United States branch of an alien assuming insurer; (A) Maintains a surplus with regard to policyholders in an amount not less than $20 million; and (B) Submits to the authority of this state to examine its books and records. Paragraph (1) of this subsection shall not apply to reinsurance ceded and assumed pursuant to pooling arrangements among insurers in the same holding company system; (4) (A) Credit shall be allowed when the reinsurance is ceded to an assuming insurer which maintains a trust fund in a qualified United States financial institution, as defined in paragraph (2) of subsection (c) of this Code section, for the payment of the valid claims of its United States policyholders and ceding insurers, their assigns, and successors in interest. The assuming insurer shall report annually to the Commissioner information substantially the same as that required to be reported on the National Association of Insurance Commis sioners Annual Statement form by licensed insurers to enable the Commissioner to deter mine the sufficiency of the trust fund. In the case of a single assuming insurer, the trust shall consist of a trusteed account representing the assuming insurer's liabilities attributable to business written in the United States and, in addition, the assuming insurer shall main tain a trusteed surplus of not less than $20 million. In the case of a group of individual 984 JOURNAL OF THE SENATE unincorporated underwriters, the trust shall consist of a trusteed account representing the group's liabilities attributable to business written in the United States and, in addition, the group shall maintain a trusteed surplus of which $100 million shall be held jointly for the benefit of United States ceding insurers of any member of the group; and the group shall make available to the Commissioner an annual certification of the solvency of each under writer by the group's domiciliary regulator and its independent public accountants. (B) In the case of a group of incorporated insurers under common administration which complies with the filing requirements contained in subparagraph (A) of this paragraph and which has continuously transacted an insurance business outside the United States for at least three years immediately prior to making application for accreditation, and submits to this state's authority to examine its books and records and bears the expense of the exami nation, and which has aggregate policyholders' surplus of $10 billion; the trust shall be in an amount equal to the group's several liabilities attributable to business ceded by the United States ceding insurers to any member of the group pursuant to reinsurance contracts issued in the name of such group; plus the group shall maintain a joint trusteed surplus of which $100 million shall be held jointly for the benefit of United States ceding insurers of any member of the group as additional security for any such liabilities, and each member of the group shall make available to the Commissioner an annual certification of the member's solvency by the member's domiciliary regulator and its independent public accountant. (C) Such trust shall be established in a form approved by the Commissioner. The trust instruments shall provide that contested claims shall be valid and enforceable upon the final order of any court of competent jurisdiction in the United States. The trust shall vest legal title to its assets in the trustees of the trust for its United States policyholders and ceding insurers, their assigns, and successors in interest. The trust and the assuming insurer shall be subject to examination as determined by the Commissioner. The trust must remain in effect for as long as the assuming insurer shall have outstanding obligations due under the reinsurance agreements subject to the trust. (D) No later than February 28 of each year the trustees of the trust shall report to the Commissioner in writing setting forth the balance of the trust and listing the trust's invest ments as of the end of the preceding year and shall certify the date of termination of the trust, if so planned, or certify that the trust shall not expire prior to the next following December 31; (5) Credit shall be allowed when the reinsurance is ceded to an assuming insurer not meeting the requirements of paragraph (1), (2), (3), or (4) of this subsection but only with respect to the insurance of risks located in jurisdictions where such reinsurance is required by applicable law or regulation of that jurisdiction; and (6) If the assuming insurer is not licensed or accredited to transact insurance or reinsur ance in this state, the credit permitted by paragraphs (3) and (4) of this subsection shall not be allowed unless the assuming insurer agrees in the reinsurance agreements: (A) That in the event of the failure of the assuming insurer to perform its obligations under the terms of the reinsurance agreement, the assuming insurer, at the request of the ceding insurer, shall submit to the jurisdiction of any court of competent jurisdiction in any state of the United States, will comply with all requirements necessary to give such court jurisdiction, and will abide by the final decision of such court or of any appellate court in the event of an appeal; and (B) To designate the Commissioner or a designated attorney as its true and lawful at torney upon whom may be served any lawful process in any action, suit, or proceeding insti tuted by or on behalf of the ceding company. This paragraph is not intended to conflict with or override the obligation of the parties to a reinsurance agreement to arbitrate their disputes, if such an obligation is created in the agreement. (b) A reduction from liability for the reinsurance ceded by a domestic insurer to an assuming insurer not meeting the requirements of subsection (a) of this Code section shall MONDAY, FEBRUARY 25, 1991 985 be allowed in an amount not exceeding the liabilities carried by the ceding insurer and such reduction shall be in the amount of funds held by or on behalf of the ceding insurer, includ ing funds held in trust for the ceding insurer, under a reinsurance contract with such assum ing insurer as security for the payment of obligations thereunder, if such security is held in the United States subject to withdrawal solely by, and under the exclusive control of, the ceding insurer; or, in the case of a trust, held in a qualified United States financial institu tion, as defined in paragraph (2) of subsection (c) of this Code section. This security may be in the form of: (1) Cash; (2) Securities listed by the Securities Valuation Office of the National Association of Insurance Commissioners and qualifying as admitted assets; (3) Clean, irrevocable, unconditional letters of credit, issued or confirmed by a qualified United States institution, as defined in paragraph (1) of subsection (c) of this Code section, no later than December 31 of the year for which filing is being made, and in possession of the ceding company on or before the filing date of its annual statement. Letters of credit meeting applicable standards of issuer acceptability as of the dates of their issuance or con firmation shall, notwithstanding the issuing or confirming institution's subsequent failure to meet applicable standards of issuer acceptability, continue to be acceptable as security until their expiration, extension, renewal, modification, or amendment, whichever first occurs; or (4) Any other form of security acceptable to the Commissioner. (c) (1) For purposes of paragraph (3) of subsection (b) of this Code section, 'qualified United States financial institution' means an institution that: (A) Is organized or, in the case of a United States office of a foreign banking organiza tion, licensed under the laws of the United States or any state thereof; (B) Is regulated, supervised, and examined by the United States federal or state author ities having regulatory authority over banks and trust companies; and (C) Has been determined by either the Commissioner or the Securities Valuation Office of the National Association of Insurance Commissioners to meet such standards of financial condition and standing as are considered necessary and appropriate to regulate the quality of financial institutions whose letters of credit will be acceptable to the Commissioner. (2) A 'qualified United States financial institution' means, for the purposes of those provisions of this Code section specifying those institutions that are eligible to act as a fidu ciary of a trust, an institution that: (A) Is organized or, in the case of a United States branch or agency office of a foreign banking organization, licensed under the laws of the United States or any state thereof and has been granted authority to operate with fiduciary powers; and (B) Is regulated, supervised, and examined by federal or state authorities having regula tory authority over banks and trust companies." Section 3. Said title is further amended by adding immediately following Code Section 33-13-3, relating to the acquisition of control of or merger with a domestic insurer, a new Code section, to be designated Code Section 33-13-3.1, to read as follows: "33-13-3.1 (a) As used in this Code section, the term: (1) 'Acquisition' means any agreement, arrangement, or activity, the consummation of which results in a person acquiring directly or indirectly the control of another person and, includes, but is not limited to, the acquisition of voting securities, the acquisition of assets, bulk reinsurance, and mergers. (2) 'Involved insurer' includes an insurer which either acquires or is acquired, is affili ated with an acquirer or acquired, or is the result of a merger. (b) (1) Except as exempted in paragraph (2) of this subsection, this Code section ap- 986 JOURNAL OF THE SENATE plies to any acquisition in which there is a change in control of an insurer authorized to do business in this state. (2) This Code section shall not apply to the following: (A) An acquisition subject to approval or disapproval by the Commissioner pursuant to Code Section 33-13-3; (B) A purchase of securities solely for investment purposes so long as such securities are not used by voting or otherwise to cause or attempt to cause the substantial lessening of competition in any insurance market in this state. If a purchase of securities results in a presumption of control under paragraph (3) of Code Section 33-13-1, it is not solely for investment purposes unless the commissioner of the insurer's state of domicile accepts a disclaimer of control or affirmatively finds that control does not exist and such disclaimer action or affirmative finding is communicated by the domiciliary commissioner to the Com missioner of this state; (C) The acquisition of a person by another person when both persons are neither di rectly nor through affiliates primarily engaged in the business of insurance, if preacquisition notification is filed with the Commissioner in accordance with paragraph (1) of subsection (c) of this Code section 30 days prior to the proposed effective date of the acquisition. How ever, such preacquisition notification is not required for exclusion from this Code section if the acquisition would otherwise be excluded from this Code section by any other subparagraph of this paragraph; (D) The acquisition of already affiliated persons; (E) An acquisition, if, as an immediate result of the acquisition: (i) In no market would the combined market share of the involved insurers exceed 5 percent of the total market; (ii) There would be no increase in any market share; or (iii) In no market would: (I) The combined market share of the involved insurers exceed 12 percent of the total market; and (II) The market share increases by more than 2 percent of the total market. For the purpose of this subparagraph, the term 'market' means a direct written insurance premium in this state for a line of business as contained in the annual statement required to be filed by insurers licensed to do business in this state; (F) An acquisition for which a preacquisition notification would be required pursuant to this Code section due solely to the resulting effect on the ocean marine insurance line of business; or (G) An acquisition of an insurer whose domiciliary commissioner affirmatively finds that such insurer is in failing condition; there is a lack of feasible alternative to improving such condition; the public benefits of improving such insurer's condition through the acqui sition exceed the public benefits that would arise from not lessening competition; and such findings are communicated by the domiciliary commissioner to the Commissioner of this state. (c) An acquisition covered by subsection (b) of this Code section may be subject to an order pursuant to subsection (e) of this Code section unless the acquiring person files a preacquisition notification and the waiting period has expired. The acquired person may file a preacquisition notification. The Commissioner shall give confidential treatment to infor mation submitted under this subsection in the same manner as provided in Code Section 33-13-7. (1) The preacquisition notification shall be in such form and contain such information as prescribed by the National Association of Insurance Commissioners relating to those MONDAY, FEBRUARY 25, 1991 987 markets which, under subparagraph (b)(2) (E) of this Code section, causes the acquisition not to be exempted from the provisions of this Code section. The Commissioner may require such additional material and information as he deems necessary to determine whether the proposed acquisition, if consummated, would violate the competitive standard of subsection (d) of this Code section. The required information may include an opinion of an economist as to the competitive impact of the acquisition in this state accompanied by a summary of the education and experience of such person indicating his or her ability to render an in formed opinion; and (2) The waiting period required shall begin on the date of receipt of the Commissioner of a preacquisition notification and shall end on the earlier of the thirtieth day after the date of such receipt or termination of the waiting period by the Commissioner. Prior to the end of the waiting period, the Commissioner on a one-time basis may require the submission of additional needed information relevant to the proposed acquisition, in which event the waiting period shall end on the earlier of the thirtieth day after receipt of such additional information by the Commissioner or termination of the waiting period by the Commissioner. (d) (1) The Commissioner may enter an order under paragraph (1) of subsection (e) of this Code section with respect to an acquisition if there is substantial evidence that the effect of the acquisition may be substantially to lessen competition in any line of insurance in this state or tend to create a monopoly therein or if the insurer fails to file adequate information in compliance with subsection (c) of this Code section. (2) In determining whether a proposed acquisition would violate the competitive stan dard of paragraph (1) of this subsection, the Commissioner shall consider the following: (A) Any acquisition covered under subsection (b) of this Code section involving two or more insurers competing in the same market is prima-facie evidence of violation of the com petitive standards: (i) If the market is highly concentrated and the involved insurers possess the following shares of the market: Insurer A Insurer B 4 percent 10 percent 15 percent 4 percent or more 2 percent or more 1 percent or more; or (ii) If the market is not highly concentrated and the involved insurers possess the fol lowing shares of the market: Insurer A Insurer B 5 percent 10 percent 15 percent 19 percent 5 percent or more 4 percent or more 3 percent or more 1 percent or more A highly concentrated market is one in which the share of the four largest insurers is 75 percent or more of the market. Percentages not shown in the tables are interpolated propor tionately to the percentages that are shown. If more than two insurers are involved, exceed ing the total of the two columns in the table is prima-facie evidence of violation of the competitive standard in paragraph (1) of this subsection. For the purpose of this subpara graph, the insurer with the largest share of the market shall be deemed to be Insurer A; (B) There is a significant trend toward increased concentration when the aggregate market share of any grouping of the largest insurers in the market, from the two largest to the eight largest, has increased by 7 percent or more of the market over a period of time extending from any base year five to ten years prior to the acquisition up to the time of the acquisition. Any acquisition or merger covered under subsection (b) of this Code section 988 JOURNAL OF THE SENATE involving two or more insurers competing in the same market is prima-facie evidence of violation of the competitive standard in paragraph (1) of this subsection if: (i) There is a significant trend toward increased concentration in the market; (ii) One of the insurers involved is one of the insurers in a grouping of such large insur ers showing the requisite increase in the market share; and (iii) Another involved insurer's market is 2 percent or more; (C) For the purposes of this paragraph: (i) The term 'insurer' includes any company or group of companies under common management, ownership, or control; (ii) The term 'market' means the relevant product and geographical markets. In deter mining the relevant product and geographical markets, the Commissioner shall give due consideration to, among other things, the definitions or guidelines, if any, promulgated by the National Association of Insurance Commissioners and to information, if any, submitted by parties to the acquisition. In the absence of sufficient information to the contrary, the relevant product market is assumed to be the direct written insurance premium for a line of business, such line being that used in the annual statement required to be filed by insurers doing business in this state, and the relevant geographical market is assumed to be this state; and (iii) The burden of showing prima-facie evidence of violation of the competitive stan dard rests upon the Commissioner; (D) Even though an acquisition is not prima-facie violative of the competitive standard under subparagraphs (A) and (B) of this paragraph, the Commissioner may establish the requisite anticompetitive effect based upon other substantial evidence. Even though an ac quisition is prima-facie violative of the competitive standard under subparagraphs (A) and (B) of this paragraph, a party may establish the absence of the requisite anticompetitve effect based upon other substantial evidence. Relevant factors in making a determination under this paragraph include, but are not limited to, the following: market shares, volatility of ranking of market leaders, number of competitors, concentration, trend of concentration in the industry, and ease of entry into the market and exit from the market. (3) An order may not be entered under paragraph (1) of subsection (e) of this Code section if: (A) The acquisition will yield substantial economies of scale or economies in resource utilization that cannot be feasibly achieved in any other way, and the public benefits which would arise from such economies exceed the public benefits which would arise from not lessening competition; or (B) The acquisition will substantially increase the availability of insurance, and the public benefits of such increase exceed the public benefits which would arise from not les sening competition. (e) (1) (A) If an acquisition violates the standards of this Code section, the Commis sioner may enter an order: (i) Requiring an involved insurer to cease and desist from doing business in this state with respect to the line or lines of insurance involved in the violation; or (ii) Denying the application of an acquired or acquiring insurer for license to do busi ness in this state. (B) Such an order shall not be entered unless: (i) There is a hearing; (ii) Notice of such hearing is issued prior to the end of the waiting period and not less than 15 days prior to the hearing; and (iii) The hearing is concluded and the order is issued no later than 60 days after the end MONDAY, FEBRUARY 25, 1991 989 of the waiting period. Every order shall be accompanied by a written decision of the Com missioner setting forth his findings of fact and conclusions of law. (C) An order entered under this paragraph shall not become final earlier than 30 days after it is issued, during which time the involved insurer may submit a plan to remedy the anticompetitve impact of the acquisition within a reasonable time. Based upon such plan or other information, the Commissioner shall specify the conditions, if any, under the time period during which the aspects of the acquisition causing a violation of the standards of this Code section would be remedied and the order vacated or modified. (D) An order pursuant to this paragraph shall not apply if the acquisition is not consummated. (2) Any person who violates a cease and desist order of the Commissioner under para graph (1) of this subsection and while such order is in effect, may after notice and hearing and upon order of the Commissioner, be subject, at the discretion of the Commissioner, to any one or more of the following: (A) A monetary penalty of not more than $10,000.00 for every day of violation; or (B) Suspension or revocation of such person's license. (3) Any insurer or other person who fails to make any filing required by this subsection and who also fails to demonstrate a good faith effort to comply with any such filing require ment shall be subject to a fine of not more than $50,000.00." Section 4. Said title is further amended by striking Code Section 33-13-5, relating to standards governing transactions by registered insurers with affiliates generally, in its en tirety and inserting in its place a new Code Section 33-13-5 to read as follows: "33-13-5. (a) (1) Transactions within a holding company system to which an insurer subject to registration is a party shall be subject to the following standards: (A) The terms shall be fair and reasonable; (B) Charges or fees for services performed shall be reasonable; (C) Expenses incurred and payment received shall be allocated to the insurer in con formity with customary insurance accounting practices consistently applied; (D) The books, accounts, and records of each party to all such transactions shall be so maintained as to clearly and accurately disclose the nature and details of the transactions, including such accounting information as is necessary to support the reasonableness of the charges or fees to the respective parties; and (E) The insurer's surplus with regard to policyholders following any dividends or distri butions to shareholder affiliates shall be reasonable in relation to the insurer's outstanding liabilities and adequate to its financial needs. (2) The following transactions involving a domestic insurer and any person in its hold ing company system may not be entered into unless the insurer has notified the Commis sioner in writing of its intention to enter into such transaction at least 30 days prior thereto, or such shorter period as the Commissioner may permit, and the Commissioner has not disapproved it within such period; (A) Sales, purchases, exchanges, loans or extensions of credit, guarantees, or invest ments, provided such transactions are equal to or exceed: with respect to nonlife insurers, the lesser of 3 percent of the insurer's admitted assets of 25 percent of surplus as regards policyholders; or with respect to life insurers, 3 percent of the insurer's admitted assets; each as of December 31 next preceding; (B) Loans or extensions of credit to any person who is not an affiliate, where the insurer makes such loans or extensions of credit with the agreement or understanding that the pro ceeds of such transactions, in whole or in substantial part, are to be used to make loans or extensions of credit to, to purchase assets of, or to make investments in, any affiliate of the 990 JOURNAL OF THE SENATE insurer making such loans or extensions of credit provided such transactions are equal to or exceed: with respect to nonlife insurers, the lesser of 3 percent of the insurer's admitted assets or 25 percent of surplus with regard to policyholders; or with respect to life insurers, 3 percent of the insurers's admitted assets; each as of December 31 next preceding; (C) Reinsurance agreements or modifications thereto in which the reinsurance premium or a change in the insurer's liabilities equals or exceeds 5 percent of the insurer's surplus with regard to policyholders, as of December 31 next preceding, including those agreements which may require as consideration the transfer of assets from an insurer to a nonaffiliate, if an agreement or understanding exists between the insurer and nonaffiliate that any portion of such assets will be transferred to one or more affiliates of the insurer; (D) All management agreements, service contracts, and all cost-sharing agreements; and (E) Any material transactions, specified by regulation, which the Commissioner deter mines may adversely affect the interests of the insurer's policyholders. Nothing contained in this paragraph shall be deemed to authorize or permit any transac tions which, in the case of an insurer who is not a member of the same holding company system, would be otherwise contrary to law. (3) A domestic insurer may not enter into transactions which are part of a plan or series of like transactions with persons within the holding company system if the purpose of those separate transactions is to avoid the statutory threshold amount and thus avoid the review that would occur otherwise. If the Commissioner determines that such separate transactions were entered into over any 12 month period for such purpose, he may exercise his authority under Code Section 33-13-9 or Code Section 33-13-100. (4) The Commissioner, in reviewing transactions pursuant to paragraph (2) of this sub section, shall consider whether the transactions comply with the standards set forth in para graph (1) of this subsection and whether they may adversely affect the interests of policyholders. (5) The Commissioner shall be notified within 30 days of any investment of the domes tic insurer in any one corporation if the total investment in such corporation by the insur ance holding company system exceeds 10 percent of such corporation's voting securities. (b) (1) No domestic insurer shall apply any extraordinary dividend or make any other extraordinary distribution to its shareholders until 30 days after the Commissioner has re ceived notice of the declaration thereof and has not within such period disapproved such payment, or the Commissioner shall have approved such payment within such 30 day period. (2) For the purposes of this subsection, an extraordinary dividend or distribution in cludes any dividend or distribution of cash or other property, whose fair market value to gether with that of other dividends or distributions made within the preceding 12 months exceeds the lesser of 10 percent of such insurer's surplus with regard to policyholders as of December 31 next preceding, or the net gain from operations of such insurer, if such insurer is a life insurer, or the net income, if such insurer is not a life insurer, not including realized capital gains, for the 12 month period ending December 31 next preceding, but shall not include pro rata distributions of any class of the insurer's own securities. In determining whether a dividend or distribution is extraordinary, an insurer other than a life insurer may carry forward net income from the previous two calendar years that has not already been paid out as dividends. This carry forward shall be computed by taking the net income from the second and third preceding calendar years, not including realized capital gains, less divi dends paid in the second and immediate preceding calendar years. (3) Notwithstanding any other provision of law, an insurer may declare an extraordi nary dividend or distribution which is conditional upon the Commissioner's approval thereof, and such a declaration shall confer no rights upon shareholders until the commis sioner has approved the payment of such a dividend or distribution or the commissioner has MONDAY, FEBRUARY 25, 1991 991 not disapproved such payment within the 30 day period referred to in paragraph (1) of this subsection. (c) For purposes of this chapter, in determining whether an insurer's surplus with re gard to policyholders is reasonable in relation to the insurer's outstanding liabilities and adequate to its financial needs, the following factors, among others, shall be considered: (1) The size of the insurer as measured by its assets, capital and surplus, reserves, pre mium writings, insurance in force, and other appropriate criteria; (2) The extent to which the insurer's business is diversified among the several lines of insurance; (3) The number and size of risks insured in each line of business; (4) The extent of the geographical dispersion of the insurer's insured risks; (5) The nature and extent of the insurer's reinsurance program; (6) The quality, diversification, and liquidity of the insurer's investment portfolio; (7) The recent past and projected future trend in the size of the insurer's investment portfolio; (8) The surplus with regard to policyholders maintained by other comparable insurers; (9) The adequacy of the insurer's reserves; and (10) The quality and liquidity of investments in affiliates. The Commissioner may treat any such investment as a disallowed asset for purposes of determining the adequacy of sur plus with regard to policyholders whenever in his judgment such investment so warrants." Section 5. Said title is further amended by striking Chapter 37, relating to rehabilita tion, reorganization, conservation, and liquidation of insurers, in its entirety and inserting in its place a new Chapter 37 to read as follows: "CHAPTER 37 ARTICLE 1 33-37-1. (a) This chapter shall be known and may be cited as the 'Insurers Rehabilita tion and Liquidation Act.' (b) This chapter shall not be interpreted to limit the powers granted the Commissioner by other provisions of law. (c) This chapter shall be liberally construed to effect the purpose stated in subsection (d) of this Code section. (d) The purpose of this chapter is the protection of the interests of insureds, claimants, creditors, and the public generally, with minimum interference with the normal prerogatives of the owners and managers of insurers, through: (1) Early detection of any potentially dangerous condition in an insurer and prompt application of appropriate corrective measures; (2) Improved methods for rehabilitating insurers, involving the cooperation and man agement expertise of the insurance industry; (3) Enhanced efficiency and economy of liquidation, through clarification of the law, to minimize legal uncertainty and litigation; (4) Equitable apportionment of any unavoidable loss; (5) Lessening the problems of interstate rehabilitation and liquidation by facilitating cooperation between states in the liquidation process and by extending the scope of per sonal jurisdiction over debtors of the insurer outside this state; (6) Regulation of the insurance business by the impact of the law relating to delin quency procedures and substantive rules on the entire insurance business; and 992 JOURNAL OF THE SENATE (7) Providing for a comprehensive scheme for the rehabilitation and liquidation of in surance companies and those subject to this chapter as part of the regulation of the business of insurance, insurance industry, and insurers in this state. Proceedings in cases of insurer insolvency and delinquency are deemed an integral aspect of the business of insurance and are of vital public interest and concern. 33-37-2. The proceedings authorized by this chapter may be applied to: (1) All insurers who are doing or have done an insurance business in this state and against whom claims arising from that business may exist now or in the future; (2) All insurers who purport to do an insurance business in this state; (3) All insurers who have insureds resident in this state; (4) All other persons organized or in the process of organizing with the intent to do an insurance business in this state; (5) All nonprofit service plans and all fraternal benefit societies; (6) All title insurance companies; and (7) All prepaid health care delivery plans, health care plans, and health maintenance organizations. 33-37-3. As used in this chapter, the term: (1) 'Ancillary state' means any state other than a domiciliary state. (2) 'Commissioner' means the Commissioner of Insurance. (3) 'Creditor' means a person having any claim, whether matured or unmatured, liqui dated or unliquidated, secured or unsecured, absolute, fixed, or contingent. (4) 'Delinquency proceeding' means any proceeding instituted against an insurer for the purpose of liquidating, rehabilitating, reorganizing, or conserving such insurer and any sum mary proceeding under Code Section 33-37-9. 'Formal delinquency proceeding' means any liquidation or rehabilitation proceeding. (5) 'Doing business' includes any of the following acts, whether effected by mail or otherwise; (A) The issuance or delivery of contracts of insurance to persons resident in this state; (B) The solicitation of applications for such contracts or other negotiations preliminary to the execution of such contracts; (C) The collection of premiums, membership fees, assessments, or other consideration for such contracts; (D) The transaction of matters subsequent to execution of such contracts and arising out of them; or (E) Operating under a license or certificate of authority, as an insurer, issued by the Insurance Department. (6) 'Domiciliary state' means the state in which an insurer is incorporated or organized; or, in the case of an alien insurer, its state of entry. (7) 'Fair consideration' means: (A) When in exchange for property or obligation as a fair equivalent therefor and in good faith, property is conveyed, services are rendered, an obligation is incurred, or an ante cedent debt is satisfied; or (B) When property or obligation is received in good faith to secure a present advance or antecedent, debt in amount not disproportionately small as compared to the value of the property or obligation obtained. (8) 'Foreign country' means any other jurisdiction not in any state. MONDAY, FEBRUARY 25, 1991 993 (9) 'General assets' means all property, real, personal, or otherwise, not specifically mortgaged, pledged, deposited, or otherwise encumbered for the security or benefit of speci fied persons or classes of persons. As to specifically encumbered property, 'general assets' includes all such property or its proceeds in excess of the amount necessary to discharge the sum or sums secured thereby. Assets held in trust and on deposit for the security or benefit of all policyholders or all policyholders and creditors in more than a single state shall be treated as general assets. (10) 'Guaranty association' means the Georgia Insurers Insolvency Pool created by Chapter 36 of this title, the Georgia Life and Health Insurance Guaranty Association cre ated by Chapter 38 of this title, and any other similar entity now or hereafter created by the General Assembly for the payment of claims of insolvent insurers. 'Foreign guaranty associ ation' means any similar entities now in existence in or hereafter created by the legislature of any other state. (11) 'Insolvency' or 'insolvent' means: (A) For an insurer issuing only assessable fire insurance policies: (i) The inability to pay any obligation within 30 days after it becomes payable; or (ii) If an assessment is made within 30 days after an obligation becomes payable, the inability to pay such obligation 30 days following the date specified in the first assessment notice issued after the date of loss; (B) For any other insurer, the inability to pay its obligations when they are due, or when its admitted assets do not exceed its liabilities plus the greater of: (i) Any capital and surplus required by law for its organization; or (11) The total par or stated value of its authorized and issued capital stock; and (C) As to any insurer licensed to do business in this state as of July 1, 1991, which does not meet the standard established under subparagraph (B) of this paragraph, for a period not to exceed three years from July 1, 1991, the inability to pay its obligations when they are due or that its admitted assets do not exceed its liabilities plus any required capital contribution ordered by the Commissioner under provisions of this title. For purposes of this paragraph, 'liabilities' shall include, but not be limited to, reserves required by statute or by regulations or specific requirements imposed by the Commissioner upon a subject company at the time of admission or subsequent thereto. (12) 'Insurer* means any person who has done, purports to do, is doing, or is licensed to do an insurance business and is or has been subject to liquidation, rehabilitation, reorgani zation, supervision, the authority of, or conservation by any state insurance regulatory offi cial. For purposes of this chapter, any other persons included under Code Section 33-37-2 shall be deemed to be insurers. (13) 'Preferred claim' means any claim with respect to which the terms of this chapter accord priority of payment from the general assets of the insurer. (14) 'Receiver' means receiver, liquidator, rehabilitator, or conservator as the context requires. (15) 'Reciprocal state' means any state other than this state in which in substance and effect Code Sections 33-37-17, 33-37-51, 33-37-52, and 33-37-54 through 33-37-56 are in force, and in which provisions are in force requiring that the commissioner or equivalent official be the receiver of a delinquent insurer, and in which some provision exists for the avoidance of fraudulent conveyances and preferential transfers. (16) 'Secured claim' means any claim secured by mortgage, trust deed, pledge, deposit as security, escrow, or otherwise, but not including special deposit claims or claims against general assets. The term also includes claims which have become liens upon specific assets by reason of judicial process. 994 JOURNAL OF THE SENATE (17) 'Special deposit claim" means any claim secured by a deposit made pursuant to statute for the security or benefit of a limited class or classes of persons, but not including any claim secured by general assets. (18) 'State' means any state, district, or territory of the United States. (19) 'Transfer' shall include the sale and every other and different mode, direct or indi rect, of disposing of or of parting with property, an interest therein, the possession thereof or of fixing a lien upon property or upon an interest therein, whether absolutely or condi tionally, voluntarily, or by or without judicial proceedings. The retention of a security title to property delivered to a debtor shall be deemed a transfer suffered by the debtor. 33-37-4. (a) No delinquency proceeding shall be commenced under this chapter by any one other than the Commissioner, and no court shall have jurisdiction to entertain, hear, or determine any proceeding commenced by any other person. (b) No court of this state shall have jurisdiction to entertain, hear, or determine any complaint praying for the dissolution, liquidation, rehabilitation, sequestration, conserva tion, or receivership of any insurer; or praying for an injunction or restraining order or other relief preliminary to, incidental to or relating to such proceedings other than in accordance with this chapter. (c) In addition to other grounds for jurisdiction provided by the law of this state, a court of this state having jurisdiction of the subject matter has jurisdiction over a person served pursuant to Code Section 9-11-4 or other applicable provisions of law in an action brought by the receiver of a domestic insurer or an alien insurer domiciled in this state: (1) If the person served is an agent, broker, or other person who has at any time written policies of insurance for or has acted in any manner whatsoever on behalf of an insurer against which a delinquency proceeding has been instituted, in any action resulting from or incident to such a relationship with the insurer; (2) If the person served is a reinsurer who has at any time entered into a contract of reinsurance with an insurer against which a delinquency proceeding has been instituted or is an agent or broker of or for the reinsurer, in any action on or incident to the reinsurance contract; (3) If the person served is or has been an officer, director, manager, trustee, organizer, promoter, or other person in a position of comparable authority or influence over an insurer against which a delinquency proceeding has been instituted, in any action resulting from or incident to such a relationship with the insurer; (4) If the person served is or was at the time of the institution of the delinquency proceeding against the insurer holding assets in which the receiver claims an interest on behalf of the insurer, in any action concerning the assets; or (5) If the person served is obligated to the insurer in any way whatsoever, in any action on or incident to the obligation. (d) If the court on motion of any party finds that any action should as a matter of substantial justice be tried in a forum outside this state, the court may enter an appropriate order to stay further proceedings on the action in this state. (e) Any action authorized in this Code section shall be brought in the Superior Court of Fulton County. 33-37-5. (a) Any receiver appointed in a proceeding under this chapter may at any time apply for, and any court of general jurisdiction may grant, such restraining orders, prelimi nary and permanent injunctions, and other orders as may be deemed necessary and proper to prevent: (1) The transaction of further business; (2) The transfer of property; MONDAY, FEBRUARY 25, 1991 995 (3) Interference with the receiver or with a proceeding under this chapter; (4) Waste of the insurer's assets; (5) Dissipation and transfer of bank accounts; (6) The institution or further prosecution of any actions or proceedings; (7) The obtaining of preferences, judgments, attachments, garnishments, or liens against the insurer, its assets, or its policyholders; (8) The levying of execution against the insurer, its assets or its policyholders; (9) The making of any sale or deed for nonpayment of taxes or assessments that would lessen the value of the assets of the insurer; (10) The withholding from the receiver of books, accounts, documents, or other records relating to the business of the insurer; or (11) Any other threatened or contemplated action that might lessen the value of the insurer's assets or prejudice the rights of policyholders, creditors, or shareholders, or the administration of any proceeding under this chapter. (b) The receiver may apply to any court outside of the state for the relief described in subsection (a) of this Code section. 33-37-6. (a) Any officer, manager, director, trustee, owner, employee, or agent of any insurer or any other persons with authority over or in charge of any segment of the insurer's affairs shall cooperate with the Commissioner in any proceeding under this chapter or any investigation preliminary to the proceeding. The term 'person' as used in this Code section shall include any person who exercises control directly or indirectly over activities of the insurer through any holding company or other affiliate of the insurer. 'To cooperate' shall include, but shall not be limited to, the following: (1) To reply promptly in writing to any inquiry from the Commissioner requesting such a reply; and (2) To make available to the Commissioner any books, accounts, documents, or other records or information or property of or pertaining to the insurer and in his possession, custody, or control. (b) No person shall obstruct or interfere with the Commissioner in the conduct of any delinquency proceeding or any investigation preliminary or incidental thereto. (c) This Code section shall not be construed to abridge otherwise existing legal rights, including the right to resist a petition for liquidation or other delinquency proceedings or other orders. (d) Any person included within subsection (a) of this Code section who fails to cooper ate with the Commissioner, or any person who obstructs or interferes with the Commis sioner in the conduct of any delinquency proceeding or any investigation preliminary or incidental thereto, or who violates any order the Commissioner issued validly under this chapter may: (1) Be sentenced to pay a fine not exceeding $10,000.00 or to undergo imprisonment for a term of not more than one year, or both; or (2) After a hearing, be subject to the imposition by the Commissioner of a civil penalty not to exceed $10,000.00 and shall be subject further to the revocation or suspension of any insurance license issued by the Commissioner. 33-37-7. Every proceeding commenced under the laws in effect before July 1, 1991, shall be deemed to have commenced under this chapter for the purpose of conducting the pro ceeding in this chapter, except that in the discretion of the Commissioner the proceeding may be continued, in whole or in part, as it would have been continued had this chapter not been enacted. 996 JOURNAL OF THE SENATE 33-37-8. No insurer that is subject to any delinquency proceedings, whether formal or informal, administrative or judicial, shall: (1) Be released from such proceeding, unless such proceeding is converted into a judi cial rehabilitation or liquidation proceeding; (2) Be permitted to solicit or accept new business or request or accept the restoration of any suspended or revoked license or certificate of authority; (3) Be returned to the control of its shareholders or private management; or (4) Have any of its assets returned to the control of its shareholders or private manage ment until all payments of or on account of the insurer's contractural obligations by all guaranty associations, along with all expenses thereof and interest on all such payments and expenses, shall have been repaid to the guaranty associations or a plan of repayment by the insurer shall have been approved by the guaranty association. ARTICLE 2 33-37-9. (a) The Commissioner may file in the superior court of the county in which the insurer is domiciled or in the Superior Court of Fulton County a petition alleging, with respect to a domestic insurer: (1) That there exists any grounds that would justify a court order for a formal delin quency proceeding against an insurer under this chapter; (2) That the interests of policyholders, creditors, or the public will be endangered by delay; and (3) The contents of an order deemed necessary by the Commissioner. (b) Upon a filing under subsection (a) of this Code section, the court may issue forth with, ex parte, and without a hearing the requested order which shall direct the Commis sioner to take possession and control of all or a part of the property; books, accounts, docu ments, and other records of an insurer and of the premises occupied by it for transaction of its business and until further order of the court, enjoin the insurer and its officers, manag ers, agents, and employees from disposition of its property and from the transaction of its business except with the written consent of the Commissioner. (c) The court shall specify in the order what its duration shall be which shall be such time as the court deems necessary for the Commissioner to ascertain the condition of the insurer. On motion of either party or on its own motion, the court may from time to time hold such hearings as it deems desirable after such notice as it deems appropriate and may extend, shorten, or modify the terms of the seizure order. The court shall vacate the seizure order if the Commissioner fails to commence a formal proceeding under this chapter after having had a reasonable opportunity to do so. An order of the court pursuant to a formal proceeding under this chapter shall ipso facto vacate the seizure order. (d) Entry of a seizure order under this Code section shall not constitute an anticipatory breach of any contract of the insurer. (e) An insurer subject to an ex parte order under this Code section may petition the court at any time after the issuance of such order for a hearing and review of the order. The court shall hold such a hearing and review not more than 15 days after the request. A hear ing under this subsection may be held privately in chambers and it shall be so held if the ;nsurer proceeded against so requests. (f) If, at any time after the issuance of such an order, it appears to the court that any person whose interest is or will be substantially affected by the order did not appear at the hearing and has not been served, the court may order that notice be given. An order that notice be given shall not stay the effect of any order previously issued by the court. 33-37-10. In all proceedings and judicial reviews thereof under Code Section 33-37-9, all records of the insurer, other documents, and all Insurance Department files and court records and papers, so far as they pertain to or are a part of the record of the proceedings, MONDAY, FEBRUARY 25, 1991 997 shall be and remain confidential except as is necessary to obtain compliance therewith, un less and until the court, after hearing arguments from the parties in chambers, shall order otherwise or unless the insurer requests that the matter be made public. Until such court order, all papers filed with the clerk of the superior court shall be held by him in a confiden tial file. ARTICLE 3 33-37-11. The Commissioner may apply by petition to the Superior Court of Fulton County for an order authorizing him to rehabilitate a domestic insurer or an alien insurer domiciled in this state on any one or more of the following grounds: (1) The insurer is in such condition that the further transaction of business would be hazardous financially to its policyholders, creditors, or the public; (2) There is reasonable cause to believe that there has been embezzlement from the insurer, wrongful sequestration or diversion of the insurer's assets, forgery or fraud affecting the insurer, or other illegal conduct in, by, or with respect to the insurer that if established would endanger assets in an amount threatening the solvency of the insurer; (3) The insurer has failed to remove any person who in fact has executive authority in the insurer, whether an officer, manager, general agent, employee, or other person, if the person has been found after notice and hearing by the Commissioner to be dishonest or untrustworthy in a way affecting the insurer's business; (4) Control of the insurer, whether by stock ownership or otherwise, and whether direct or indirect, is in a person or persons found after notice and hearing to be untrustworthy; (5) Any person who in fact has executive authority in the insurer, whether an officer, manager, general agent, director, trustee, employee, or other person, has refused to be ex amined under oath by the Commissioner concerning its affairs, whether in this state or else where, and after reasonable notice of the fact, the insurer has failed promptly and effec tively to terminate the employment and status of the person and all his influence on management; (6) After demand by the Commissioner under Code Section 33-2-11 or under this chap ter, the insurer has failed promptly to make available for examination any of its property, books, accounts, documents, or other records or those of any subsidiary or related company within the control of the insurer or those of any person having executive authority in the insurer so far as they pertain to the insurer; (7) Without first obtaining the written consent of the Commissioner, the insurer has transferred, or attempted to transfer, in a manner contrary to Chapter 13 of this title, sub stantially its entire property or business or has entered into any transaction the effect of which is to merge, consolidate, or reinsure substantially its entire property or business in or with the property or business of any other person; (8) The insurer or its property has been or is the subject of an application for the appointment of a receiver, trustee, custodian, conservator, or sequestrator, or similar fiduci ary of the insurer or its property otherwise than as authorized under the insurance laws of this state, and such appointment has been made or is imminent, and such appointment might oust the courts of this state of jurisdiction or might prejudice orderly delinquency proceedings under this chapter; (9) Within the previous four years the insurer has willfully violated its charter or arti cles of incorporation, its bylaws, any provision of this title, or any valid order of the Commissioner; (10) The insurer has failed to pay within 60 days after due date any obligation to any state or any subdivision thereof or any judgment entered in any state, if the court in which such judgment was entered had jurisdiction over such subject matter except that such non payment shall not be a ground until 60 days after any good faith effort by the insurer to contest the obligation has been terminated, whether it is before the Commissioner or in the 998 JOURNAL OF THE SENATE courts, or the insurer has systematically attempted to compromise or renegotiate previously agreed settlements with its creditors on the ground that it is financially unable to pay its obligations in full; (11) The insurer has failed to file its annual report or other financial report required by statute within the time allowed by law and, after written demand by the Commissioner, has failed to give an adequate explanation immediately; or (12) The board of directors or the holders of a majority of the shares entitled to vote or a majority of those individuals entitled to the control of insurers request or consent to reha bilitation under this chapter. 33-37-12. (a) An order to rehabilitate the business of a domestic insurer, or an alien insurer domiciled in this state, shall appoint the Commissioner and his successors in office the rehabilitator and shall direct the rehabilitator forthwith to take possession of the assets of the insurer and to administer them under the general supervision of the court. The filing or recording of the order with the clerk of the superior court or recorder of deeds of the county in which the principal business of the company is conducted, or the county in which its principal office or place of business is located, shall impart the same notice as a deed, bill of sale, or other evidence of title duly filed or recorded with that recorder of deeds would have imparted. The order to rehabilitate the insurer shall by operation of the law vest title to all assets of the insurer in the rehabilitator. (b) Any order issued under this Code section shall require accountings to the court by the rehabilitator. Accountings shall be at such intervals as the court specifies in its order, but no less frequently than semiannually. Each accounting shall include a report concerning the rehabilitator's opinion as to the likelihood that a plan under subsection (d) of Code Section 33-37-13 will be prepared by the rehabilitator and the timetable for doing so. (c) Entry of an order of rehabilitation shall not constitute an anticipatory breach of any contracts of the insurer nor shall it be grounds for retroactive revocation of retroactive can cellation of any contracts of the insurer, unless such revocation of cancellation is done by the rehabilitator pursuant to Code Section 33-37-13. 33-37-13. (a) The Commissioner as rehabilitator may appoint one or more special depu ties who shall have all the powers and responsibilities of the rehabilitator granted under this Code section, and the Commissioner may employ such counsel, clerks, and assistants as deemed necessary. The compensation of the special deputy, counsel, clerks, and assistants and all expenses of taking possession of the insurer and of conducting the proceedings shall be fixed by the Commissioner with the approval of the court and shall be paid out of the funds or assets of the insurer. The persons appointed under this Code section shall serve at the pleasure of the Commissioner. The Commissioner, as rehabilitator, may, with the ap proval of the court, appoint an advisory committee of policyholders, claimants, or other creditors including guaranty associations should such a committee be deemed necessary. Such committee shall serve at the pleasure of the Commissioner and shall serve without compensation other than reimbursement for reasonable travel and per diem living expenses. No other committee of any nature shall be appointed by the Commissioner or the court in rehabilitation proceedings conducted under this chapter. (b) In the event that the property of the insurer does not contain sufficient cash or liquid assets to defray the costs incurred, the Commissioner may advance the costs so in curred out of any appropriation for the maintenance of the insurance department. Any amounts so advanced for expenses of administration shall be repaid to the Commissioner for the use of the insurance department out of the first available money of the insurer. (c) The rehabilitator may take such action as he deems necessary or appropriate to reform and revitalize the insurer. He shall have all the powers of the directors, officers, and managers whose authority shall be suspended, except as they are redelegated by the rehabilitator. He shall have full power to direct and manage, to hire and discharge employ ees subject to any contract rights they may have, and to deal with the property and business of the insurer. MONDAY, FEBRUARY 25, 1991 999 (d) If it appears to the rehabilitator that there has been criminal or tortious conduct, or breach of any contractural or fiduciary obligation detrimental to the insurer by any officer, manager, agent, broker, employee, or other person, he may pursue all appropriate legal rem edies on behalf of the insurer. (e) If the rehabilitator determines that reorganization, consolidation, conversion, rein surance, merger, or other transformation of the insurer is appropriate, he shall prepare a plan to effect such changes. Upon application of the rehabilitator for approval of the plan, and after such notice and hearings as the court may prescribe, the court may either approve or disapprove the plan proposed, or may modify it and approve it as modified. Any plan approved under this Code section shall be, in the judgment of the court, fair and equitable to all parties concerned. If the plan is approved, the rehabilitator shall carry out the plan. In the case of a life insurer, the plan proposed may include the imposition of liens upon the policies of the company if all rights of shareholders are first relinquished. A plan for a life insurer may also propose imposition of a moratorium upon loan and cash surrender rights under policies for such period and to such an extent as may be necessary. (f) The rehabilitator shall have the power under Code Sections 33-37-25 and 33-37-26 to avoid fraudulent transfers. 33-37-14. (a) Any court in this state before which any action or proceeding in which the insurer is a party, or is obligated to defend a party, is pending when a rehabilitation order against the insurer is entered shall stay the action or proceeding for 90 days and such addi tional time as is necessary for the rehabilitator to obtain proper representation and prepare for further proceedings. The rehabilitator shall take such action respecting the pending liti gation as he deems necessary in the interests of justice and for the protection of creditors, policyholders, and the public. The rehabilitator shall immediately consider all litigation pending outside this state and shall petition the courts having jurisdiction over that litiga tion for stays whenever necessary to protect the estate of the insurer. (b) No statute of limitations or defense of laches shall run with respect to any action by or against an insurer between the filing of a petition for appointment of a rehabilitator for that insurer and the order granting or denying that petition. Any action against the insurer that might have been commenced when the petition was filed may be commenced for at least 60 days after the order of rehabilitation is entered or the petition is denied. The rehabilitator may, upon an order for rehabilitation, within one year or such other longer time as applicable law may permit, institute an action or proceeding on behalf of the insurer upon any cause of action against which the period of limitation fixed by applicable law has not expired at the time of the filing of the petition upon which such order is entered. (c) Any guaranty association or foreign guaranty association covering life or health in surance or annuities shall have standing to appear in any court proceeding concerning the rehabilitation of a life or health insurer if such association is or may become liable to act as a result of the rehabilitation. 33-37-15. (a) Whenever the Commissioner believes further attempts to rehabilitate an insurer would substantially increase the risk of loss to creditors, policyholders, or the public or would be futile the Commissioner may petition the superior court for an order of liquida tion. A petition under this subsection shall have the same effect as a petition under Code Section 33-37-16. The superior court shall permit the directors of the insurer to take such actions as are reasonably necessary to defend against the petition and may order payment from the estate of the insurer or such costs and other expenses of defense as justice may require. (b) The protection of the interests of insureds, claimants, and the public requires the timely performance of all insurance policy obligations. If the payment of policy obligations is suspended in substantial part for a period of six months at any time after the appoint ment of the rehabilitator and the rehabilitator has not filed an application for approval of a plan under subsection (d) of Code Section 33-37-13, the rehabilitator shall petition the court for an order of liquidation on grounds of insolvency. 1000 JOURNAL OF THE SENATE (c) The rehabilitate! may at any time petition the superior court for an order terminat ing rehabilitation of an insurer. The court shall also permit the directors of the insurer to petition the court for an order terminating rehabilitation of the insurer and may order pay ment from the estate of the insurer of such costs and other expenses of such petition as justice may require. If the superior court finds that rehabilitation has been accomplished, and that grounds for rehabilitation under Code Section 33-37-11 no longer exist, it shall order that the insurer be restored to possession of its property and the control of the busi ness. The superior court may also make that finding and issue that order at any time upon its own motion. 33-37-16. The Commissioner may petition the superior court for an order directing him to liquidate a domestic insurer or an alien insurer domiciled in this state on this basis: (1) Of any ground for an order of rehabilitation as specified in Code Section 33-37-11, whether or not there has been a prior order directing the rehabilitation of the insurer; (2) That the insurer is insolvent; or (3) That the insurer is in such condition that the further transaction of business would be hazardous, financially or otherwise, to its policyholders, its creditors, or the public. 33-37-17. (a) An order to liquidate the business of a domestic insurer shall appoint the Commissioner and his successors in office liquidator and shall direct the liquidator forthwith to take possession of the assets of the insurer and to administer them under the general supervision of the court. The liquidator shall be vested by operation of law with the title to all of the property, contracts, and rights of action, and all of the books and records of the insurer ordered liquidated, wherever located, as of the entry of the final order of liquidation. The filing or recording of the order with the clerk of the superior court and the recorder of deeds of the county in which its principal office or place or business is located, or, in the case of real estate, with the recorder of deeds of the county where the property is located, shall impart the same notice as a deed, bill of sale, or other evidence of title duly filed or recorded with that recorder of deeds would have imparted. (b) Upon issuance of the order, the rights and liabilities of any such insurer and of its creditors, policyholders, shareholders, members, and all other persons interested in its estate shall become fixed as of the date of entry of the order of liquidation, except as provided in Code Sections 33-37-18 and 33-37-36. (c) An order to liquidate the business of an alien insurer domiciled in this state shall be in the same terms and have the same legal effect as an order to liquidate a domestic insurer, except that the assets and the business in the United States shall be the only assets and business included therein. (d) At the time of petitioning for an order of liquidation, or at any time thereafter, the Commissioner, after making appropriate findings of an insurer's insolvency, may petition the court for a judicial declaration of such insolvency. After providing such notice and hear ing as it deems proper, the court may make the declaration. (e) Any order issued under this Code section shall require financial reports to the court by the liquidator. Financial reports shall include at a minimum the assets and liabilities of the insurer and all funds received or disbursed by the liquidator during the current period. Financial reports shall be filed within one year of the liquidation order and at least annually thereafter. (f) (1) Within ten days of July 1, 1991, or, if later, within five days after the initiation of an appeal of an order of liquidation, which order has not been stayed, the Commissioner shall present for the court's approval a plan for the continued performance of the defendant company's policy claims obligations, including the duty to defend insureds under liability insurance policies, during the pendency of an appeal. Such plan shall provide for the contin ued performance and payment of policy claims obligations in the normal course of events, notwithstanding the grounds alleged in support of the order of liquidation including the ground of insolvency. In the event the defendant company's financial condition will not, in MONDAY, FEBRUARY 25, 1991 1001 the judgment of the Commissioner, support the full performance of all policy claims obliga tions during the appeal pendency period, the plan may prefer the claims of certain policyholders and claimants over creditors and interested parties as well as other policyholders and claimants as the Commissioner finds to be fair and equitable considering the relative circumstances of such policyholders and claimants. The court shall examine the plan sub mitted by the Commissioner and if it finds the plan to be in the best interests of the parties, the court shall approve the plan. No action shall lie against the Commissioner or any of his deputies, agents, clerks, assistants, or attorneys by any party based on preference in an appeal pendency plan approved by the court. (2) The appeal pendency plan shall not supersede or affect the obligations of any insur ance guaranty association. (3) Any such plans shall provide for equitable adjustments to be made by the liquidator to any distributions of assets to guaranty associations, in the event that the liquidator pays claims from assets of the estate, which would otherwise be the obligations of any particular guaranty association but for the appeal of the order of liquidation, such that all guaranty associations equally benefit on a pro rata basis from the assets of the estate. Further, in the event an order of liquidation is set aside upon any appeal, the company shall not be released from delinquency proceedings unless and until all funds advanced by any guaranty associa tion, including reasonable administrative expenses in connection therewith relating to obli gations of the company, shall be repaid in full, together with interest at the judgment rate of interest or unless an arrangement for repayment thereof has been made with the consent of all applicable guaranty associations. 33-37-18. (a) All policies, including bonds and other noncancelable business, other than life or accident and sickness insurance or annuities, in effect at the time of issuance of an order of liquidation shall continue in force only for the lesser of: (1) A period of 30 days from the date of entry of the liquidation orders; (2) The expiration of the policy coverage; (3) The date when the insured has replaced the insurance coverage with equivalent insurance in another insurer or otherwise terminated the policy; (4) The date on which the liquidator effects a transfer of the policy obligation pursuant to paragraph (9) of subsection (a) of Code Section 33-37-20; or (5) The date proposed by the liquidator and approved by the court to cancel coverage. (b) An order or liquidation under Code Section 33-37-17 shall terminate coverages at the time specified in subsection (a) of this Code section for purposes of any other statute. (c) Policies of life or accident and sickness insurance or annuities shall continue in force for such period and under such terms as is provided for by any applicable guaranty associa tion or foreign guaranty association. (d) Policies of life or accident and sickness insurance or annuities or any period or coverage of such policies not covered by a guaranty association or foreign guaranty associa tion shall terminate under subsections (a) and (b) of this Code section. 33-37-19. The Commissioner may petition for an order dissolving the corporate exis tence of a domestic insurer or the United States branch of an alien insurer domiciled in this state at the time he applies for a liquidation order. The court shall order dissolution of the corporation upon petition by the Commissioner upon or after granting of a liquidation or der. If the dissolution has not previously been ordered, it shall be effected by operation of law upon the discharge of the liquidator if the insurer is insolvent but may be ordered by the court upon the discharge of the liquidator if the insurer is under a liquidation order for some other reason. 33-37-20. (a) The liquidator shall have the power: (1) To appoint a special deputy or deputies to act for him under this chapter and to 1002 JOURNAL OF THE SENATE determine his reasonable compensation. The special deputy shall have all powers of the liquidator granted by this Code section. The special deputy shall serve at the pleasure of the liquidator; (2) To employ employees and agents, legal counsel, actuaries, accountants, appraisers, consultants, and such other personnel as he may deem necessary to assist in the liquidation; (3) To appoint, with the approval of the court, an advisory committee of policyholders, claimants, or other creditors including guaranty associations should such a committee be deemed necessary. Such committee shall serve at the pleasure of the Commissioner and shall serve without compensation other than reimbursement for reasonable travel and per diem living expenses. No other committee of any nature shall be appointed by the Commis sioner or the court in liquidation proceedings conducted under this chapter; (4) To fix the reasonable compensation of employees and agents, legal counsel, actua ries, accountants, appraisers, and consultants with the approval of the court; (5) To pay reasonable compensation to persons appointed and to defray from the funds or assets of the insurer all expenses of taking possession of, conserving, conducting, liquidat ing, disposing of, or otherwise dealing with the business and property of the insurer. In the event that the property of the insurer does not contain sufficient cash or liquid assets to defray the costs incurred, the Commissioner may advance the costs so incurred out of any appropriation for the maintenance of the insurance department. Any amounts so advanced for expenses of administration shall be repaid to the Commissioner for the use of the insur ance department out of the first available moneys of the insurer; (6) To hold hearings, to subpoena witnesses to compel their attendance, to administer oaths, to examine any person under oath, and to compel any person to subscribe to his testimony after it has been correctly reduced to writing and, in connection therewith, to require the production of any books, papers, records, or other documents which he deems relevant to the inquiry; (7) To audit the books and records of all agents of the insurer insofar as those records relate to the business activities of the insurer; (8) To collect all debts and moneys due and claims belonging to the insurer, wherever located, and for this purpose: (A) To institute timely action in other jurisdictions, in order to forestall garnishment and attachment proceedings against such debts; (B) To do such other acts as are necessary or expedient to collect, conserve, or protect its assets or property, including the power to sell, compound, compromise, or assign debts for purposes of collection upon such terms and conditions as he deems best; and (C) To pursue any creditor's remedies available to enforce his claims; (9) To conduct public and private sales of the property of the insurer; (10) To use assets of the estate of an insurer under a liquidation order to transfer policy obligations to a solvent assuming insurer, if the transfer can be arranged without prejudice to applicable priorities under Code Section 33-37-41; (11) To acquire, hypothecate, encumber, lease, improve, sell, transfer, abandon, or oth erwise dispose of or deal with any property of the insurer at its market value or upon such terms and conditions as are fair and reasonable. He shall also have power to execute, ac knowledge, and deliver any and all deeds, assignments, releases, and other instruments nec essary or proper to effectuate any sale of property or other transaction in connection with the liquidation; (12) To borrow money on the security of the insurer's assets or without such security and to execute and deliver all documents necessary to that transaction for the purpose of facilitating the liquidation. Any such funds borrowed may be repaid as an administrative expense and have priority over any other claims in Class 1 under the priority of distribution; MONDAY, FEBRUARY 25, 1991 1003 (13) To enter into such contracts as are necessary to carry out the order to liquidate and to affirm or disavow any contracts to which the insurer is a party; (14) To continue to prosecute and to institute in the name of the insurer or in his own name any and all suits and other legal proceedings, in this state or elsewhere, and to aban don the prosecution of claims he deems unprofitable to pursue further. If the insurer is dissolved under Code Section 33-37-19, he shall have the power to apply to any court in this state or elsewhere for leave to substitute himself for the insurer as plaintiff; (15) To prosecute any action which may exist in behalf of the creditors, members, policyholders, or shareholders of the insurer against any officer of the insurer or any other person; (16) To remove any or all records and property of the insurer to the offices of the Com missioner or to such other place as may be convenient for the purposes of efficient and orderly execution of the liquidation. Guaranty associations and foreign guaranty associa tions shall have such reasonable access to the records of the insurer as is necessary for them to carry out their statutory obligations; (17) To deposit in one or more banks in this state such sums as are required for meeting current administration expenses and dividend distributions; (18) To invest all sums not currently needed, unless the court orders otherwise; (19) To file any necessary documents for record in the office of the clerk of the superior court or any other recorder of deeds or record office in this state or elsewhere where prop erty of the insurer is located; (20) To assert all defenses available to the insurer as against third persons, including statutes of limitation, statutes of frauds, and the defense of usury. A waiver of any defense by the insurer after a petition in liquidation has been filed shall not bind the liquidator. Whenever a guaranty association or foreign guaranty association has an obligation to defend any suit, the liquidator shall give precedence to such obligation and may defend only in the absence of a defense by such guaranty associations; (21) To exercise and enforce all the rights, remedies, and powers of any creditor, share holder, policyholder, or member, including any power to avoid any transfer or lien that may be given by the general law and that is not included within Code Sections 33-37-25 through 33-37-27; (22) To intervene in any proceeding wherever instituted that might lead to the appoint ment of a receiver or trustee and to act as the receiver or trustee whenever the appointment is offered; (23) To enter into agreements with any receiver or commissioner of any other state relating to the rehabilitation, liquidation, conservation, or dissolution of an insurer doing business in both states; and (24) To exercise all powers now held or hereafter conferred upon receivers by the laws of this state not inconsistent with the provisions of this chapter. (b) (1) If a company placed in liquidation issued liability policies on a claims made basis, which provided an option to purchase an extended period to report claims, then the liquidator may make available to holders of such policies, for a charge, an extended period in which to report claims. The extended reporting period shall be made available only to those insureds who are unable to secure substitute coverage at a cost not in excess if that charged by the liquidator. The extended period made available by the liquidator shall begin upon termination of any extended period to report claims in the basic policy and shall end at the earlier of the final date for filing of claims in the liquidation proceeding or 18 months from the order of liquidation. (2) The extended period to report claims made available by the liquidator shall be sub ject to the terms of the policy to which it relates. The liquidator shall make available such extended period within 60 days after the order of liquidation at a charge to be determined 1004 JOURNAL OF THE SENATE by the liquidator subject to approval of the court. Such offer shall be deemed rejected unless the offer is accepted in writing and the charge is paid within 90 days after the order of liquidation. No commissions, premium taxes, assessments, or other fees shall be due on the charge pertaining to the extended period to reports claims. (c) The enumeration, in this Code section, of the powers and authority of the liquidator shall not be construed as a limitation upon him, nor shall it exclude in any manner his right to do such other acts not specifically enumerated or otherwise provided, as may be necessary or appropriate for the accomplishment of or in aid of the purpose of liquidation. (d) Notwithstanding the powers of the liquidator as stated in subsections (a) and (b) of this Code section, the liquidator shall have no obligation to defend claims or to continue to defend claims subsequent to the entry of a liquidation order. 33-37-21. (a) Unless the court otherwise directs, the liquidator shall give or cause to be given notice of the liquidation order as soon as possible: (1) By first-class mail and either by telegram or telephone to the commissioner of insur ance of each jurisdiction in which the insurer is doing business; (2) By first-class mail to any guaranty association or foreign guaranty association which is or may become obligated as a result of the liquidation; (3) By first-class mail to all insurance agents of the insurer; (4) By first-class mail to all persons known or reasonably expected to have claims against the insurer, including all policyholders, at their last known address as indicated by the records of the insurer; and (5) By publication in a newspaper of general circulation in the county in which the insurer has its principal place of business and in such other locations as the liquidator deems appropriate. (b) Notice to potential claimants under subsection (a) of this Code section shall require claimants to file with the liquidator their claims together with proper proofs thereof under Code Section 33-37-35, on or before a date the liquidator shall specify in the notice. Al though an earlier date may be set by the liquidator, the last day to file claims shall be no later than 18 months following the order of liquidation. The liquidator need not require persons claiming cash surrender values or other investment values in life insurance and an nuities to file a claim. All claimants shall have a duty to keep the liquidator informed of any changes of address. (c) (1) Notice under subsection (a) of this Code section to agents of the insurer and to potential claimants who are policyholders shall include, where applicable, notice that cover age by state guaranty associations may be available for all or part of policy benefits in accor dance with applicable state guaranty laws. (2) The liquidator shall promptly provide to the guaranty associations such information concerning the identities and addresses of such policyholders and their policy coverages as may be within the liquidator's possession or control and otherwise cooperate with guaranty associations to assist them in providing to such policyholders timely notice of the guaranty associations' coverage of policy benefits, including, as applicable, coverage of claims and continuation or termination of coverages. (d) If notice is given in accordance with this Code section, the distribution of assets of the insurer under this chapter shall be conclusive with respect to all claimants, whether or not they received notice. 33-37-22. (a) Every person who receives notice in the form prescribed in Code Section 33-37-21 that an insurer which he represents as an agent is the subject of a liquidation order, shall within 30 days of such notice provide to the liquidator, in addition to the infor mation he may be required to provide pursuant to Code Section 33-37-6, the information in the agent's records related to any policy issued by the insurer through the agent and, if the agent is a general agent, the information in the general agent's record related to any policy MONDAY, FEBRUARY 25, 1991 1005 issued by the insurer through an agent under contract to him, including the name and ad dress of such subagent. A policy shall be deemed issued through an agent if the agent has a property interest in the expiration of the policy or if the agent has had in his possession a copy of the declarations of the policy at any time during the life of the policy, except where the ownership of the expiration of the policy has been transferred to another. (b) Any agent failing to provide information to the liquidator as required in subsection (a) of this Code section may be subject to payment of a penalty of not more than $1,000.00 and may have his licenses suspended, said penalty to be imposed after a hearing held by the Commissioner. 33-37-23. (a) Upon issuance of an order appointing a liquidator of a domestic insurer or of an alien insurer domiciled in this state, no action at law or equity or in arbitration shall be brought against the insurer or liquidator, whether in this state or elsewhere, nor shall any such existing actions be maintained or further presented after issuance of such order. The courts of this state shall give full faith and credit to injunctions against the liquidator or the company or the continuation of existing actions against the liquidator or the company, when such injunctions are included in an order to liquidate an insurer issued pursuant to corre sponding provisions in other states. Whenever, in the liquidator's judgment, protection of the estate of the insurer necessitates intervention in an action against the insurer that is pending outside this state, he may intervene in the action. The liquidator may defend any action in which he intervenes under this Code section at the expense of the estate of the insurer. (b) The liquidator may, upon or after an order for liquidation, within two years or such other longer time as applicable law may permit, institute an action or proceeding on behalf of the estate of the insurer upon any cause of action against which the period of limitation fixed by applicable law has not expired at the time of the filing of the petition upon which such order is entered. Where, by any agreement, a period of limitation is fixed for institut ing a suit or proceeding upon any claim, or for filing any claim, proof of claim, proof of loss, demand, notice, or the like or where in any proceeding, judicial or otherwise, a period of limitation is fixed, either in the proceeding or by applicable law, for taking any action, filing any claim or pleading, or doing any act and where in any such case the period had not expired at the date of the filing of the petition, the liquidator may, for the benefit of the estate, take any such action or do any such act required of or permitted to the insurer within a period of 180 days subsequent to the entry of an order for liquidation or within such further period as is shown to the satisfaction of the court not to be unfairly prejudicial to the other party. (c) No statute of limitation or defense of laches shall run with respect to any action against an insurer between the filing of a petition for liquidation against an insurer and the denial of the petition. Any action against the insurer that might have been commenced when the petition was filed may be commenced for at least 60 days after the petition is denied. (d) Any guaranty association or foreign guaranty association shall have standing to ap pear in any court proceeding concerning the liquidation of an insurer if such association is or may become liable to act as a result of the liquidation. 33-37-24. (a) As soon as practicable after the liquidation order but not later than 120 days thereafter, the liquidator shall prepare in duplicate a list of the insurer's assets. The list shall be amended or supplemented from time to time as the liquidator may determine. One copy shall be filed in the office of the clerk of the superior court and one copy shall be retained for the liquidator's files. All amendments and supplements shall be similarly filed. (b) The liquidator shall reduce the assets to a degree of liquidity that is consistent with the effective execution of the liquidation. (c) A submission to the court for disbursement of assets in accordance with Code Sec tion 33-37-33 fulfills the requirements of subsection (a) of this Code section. 33-37-25. (a) Every transfer made or suffered and every obligation incurred by an in- 1006 JOURNAL OF THE SENATE surer within one year prior to the filing of a successful petition for rehabilitation or liquida tion under this chapter is fraudulent as to then existing and future creditors if made or incurred without fair consideration or with actual intent to hinder, delay, or defraud either existing or future creditors. A transfer made or an obligation incurred by an insurer ordered to be rehabilitated or liquidated under this chapter which is fraudulent under this Code section may be avoided by the receiver, except as to a person who in good faith is a pur chaser, lienor, or obligee for a present fair equivalent value, and except that any purchaser, lienor, or obligee, who in good faith has given a consideration less than fair for such transfer, lien, or obligation, may retain the property, lien, or obligation as security for repayment. The court may, on due notice, order any such transfer or obligation to be preserved for the benefit of the estate, and, in that event, the receiver shall succeed to and may enforce the rights of the purchaser, lienor, or obligee. (b) (1) A transfer of property other than real property shall be deemed to be made or suffered when it becomes so far perfected that no subsequent lien obtainable by legal or equitable proceedings on a simple contract could become superior to the rights of the trans feree under subsection (c) of Code Section 33-37-27. (2) A transfer of real property shall be deemed to be made or suffered when it becomes so far perfected that no subsequent bona fide purchaser from the insurer could obtain rights superior to the rights of the transferee. (3) A transfer which creates an equitable lien shall not be deemed to be perfected if there are available means by which a legal lien could be created. (4) Any transfer not perfected prior to the filing of a petition for liquidation shall be deemed to be made immediately before the filing of the successful petition. (5) The provisions of this subsection apply whether or not there are or were creditors who might have obtained any liens or persons who might have become bona fide purchasers. (c) Any transaction of the insurer with a reinsurer shall be deemed fraudulent and may be avoided by the receiver under subsection (a) of this Code section if: (1) The transaction consists of the termination, adjustment, or settlement of a reinsur ance contract in which the reinsurer is released from any part of its duty to pay the origi nally specified share of losses that had occurred prior to the time of the transactions, unless the reinsurer gives a present fair equivalent value for the release; and (2) Any part of the transaction took place within one year prior to the date of filing of the petition through which the receivership was commenced. (d) Every person receiving any property from the insurer or any benefit thereof which is a fraudulent transfer under subsection (a) of this Code section shall be personally liable therefor and shall be bound to account to the liquidator. 33-37-26. (a) After a petition for rehabilitation or liquidation has been filed, a transfer of any of the real property the insurer made to a person acting in good faith shall be valid against the receiver if made for a present fair equivalent value or, if not made for a present fair equivalent value, then to the extent of the present consideration actually paid therefor, for which amount the transferee shall have a lien on the property so transferred. The com mencement of a proceeding in rehabilitation or liquidation shall be constructive notice upon the recording of a copy of the petition for or order of rehabilitation or liquidation with the recorder of deeds in the county where any real property in question is located. The exercise by a court of the United States or any state or jurisdiction to authorize or effect a judicial sale of real property of the insurer within any county in any state shall not be impaired by the pendency of such a proceeding unless the copy is recorded in the county prior to the consummation of the judicial sale. (b) After a petition for rehabilitation or liquidation has been filed and before either the MONDAY, FEBRUARY 25, 1991 1007 receiver takes possession of the property of the insurer or an order of rehabilitation or liqui dation is granted: (1) A transfer of any of the property of the insurer, other than real property, made to a person acting in good faith shall be valid against the receiver if made for a present fair equivalent value or, if not made for a present fair equivalent value, then to the extent of the present consideration actually paid therefor, for which amount the transferee shall have a lien on the property so transferred; (2) A person indebted to the insurer or holding property of the insurer may, if acting in good faith, pay the indebtedness or deliver the property, or any part thereof, to the insurer or upon his order, with the same effect as if the petition were not pending; (3) A person having actual knowledge of the pending rehabilitation or liquidation shall be deemed not to act in good faith; and (4) A person asserting the validity of a transfer under this Code section shall have the burden of proof. Except as elsewhere provided in this Code section, no transfer by or on behalf of the insurer after the date of the petition for liquidation by any person other than the liquidator shall be valid against the liquidator. (c) Every person receiving any property from the insurer or any benefit thereof which is a fraudulent transfer under subsection (a) of this Code section shall be personally liable therefor and shall be bound to account to the liquidator. (d) Nothing in this chapter shall impair the negotiability of currency or negotiable instruments. 33-37-27. (a) (1) A preference is a transfer of any of the property of an insurer to or for the benefit of a creditor for or on account of an antecedent debt made or suffered by the insurer within one year before the filing of a successful petition for liquidation under this chapter, the effect of which transfer may be to enable the creditor to obtain a greater per centage of this debt than another creditor of the same class would receive. If a liquidation order is entered while the insurer is already subject to a rehabilitation order, then such transfers shall be deemed preferences if made or suffered within one year before the filing of the successful petition for rehabilitation or within two years before the filing of the success ful petition for liquidation, whichever time is shorter. (2) Any preference may be avoided by the liquidator if: (A) The insurer was insolvent at the time of the transfer; (B) The transfer was made within four months before the filing of the petition; (C) The creditor receiving it or to be benefited thereby or his agent acting with refer ence thereto had, at the time when the transfer was made, reasonable cause to believe that the insurer was insolvent or was about to become insolvent; or (D) The creditor receiving it was an officer, any employee, attorney, or other person who was in fact in a position of comparable influence on the insurer to an officer whether or not he held such position or any shareholder holding directly or indirectly more than 5 percent of any class of any equity security issued by the insurer or any other person, firm, corporation, association, or aggregation of persons with whom the insurer did not deal at arm's length. (3) Where the preference is voidable, the liquidator may recover the property or, if it has been converted, its value from any person who has received or converted the property, except where a bona fide purchaser or lienor has given less than fair equivalent value he shall have a lien upon the property to the extent of the consideration actually given by him. Where a preference by way of lien or security title is voidable, the court may on due notice order the lien or title to be preserved for the benefit of the estate in which event the lien or title shall pass to the liquidator. (b) (1) A transfer of property other than real property shall be deemed to be made or 1008 JOURNAL OF THE SENATE suffered when it becomes so far perfected that no subsequent lien obtainable by legal or equitable proceedings on a simple contract could become superior to the rights of the transferee. (2) A transfer of real property shall be deemed to be made or suffered when it becomes so far perfected that no subsequent bona fide purchaser from the insurer could obtain rights superior to the rights of the transferee. (3) A transfer which creates an equitable lien shall not be deemed to be perfected if there are available means by which a legal lien could be created. (4) A transfer not perfected prior to the filing of a petition for liquidation shall be deemed to be made immediately before the filing of the successful petition. (5) The provisions of this subsection apply whether or not there are or were creditors who might have obtained liens or persons who might have become bona fide purchasers. (c) (1) A lien obtainable by legal or equitable proceedings upon a simple contract is one arising in the ordinary course of such proceedings upon the entry or docketing of a judg ment or decree or upon attachment, garnishment, execution, or like process whether before, upon, or after judgment or decree and whether before or upon levy. It does not include liens which under applicable law are given a special priority over other liens which are prior in time. (2) A lien obtainable by legal or equitable proceedings could become superior to the rights of a transferee, or a purchaser could obtain rights superior to the rights of a trans feree within the meaning of subsection (b) of this Code section if such consequences would follow only from the lien or purchase itself or from the lien or purchase followed by any step wholly within the control of the respective lienholder or purchaser with or without the aid of ministerial action by public officials. Such a lien could not, however, become superior and such a purchase could not create superior rights for the purpose of subsection (b) of this Code section through any acts subsequent to the obtaining of such a lien or subsequent to such a purchase which require the agreement or concurrence of any third party or which require any further judicial action or ruling. (d) A transfer of property for or on account of a new and contemporaneous considera tion which is deemed under subsection (b) of this Code section to be made or suffered after the transfer because of delay in perfecting it does not thereby become a transfer for or on account of an antecedent debt if any acts required by the applicable law to be performed in order to perfect the transfer as against liens or bona fide purchasers' rights are performed within 21 days or any period expressly allowed by the law, whichever is less. A transfer to secure a future loan, if such a loan is actually made, or a transfer which becomes security for a future loan shall have the same effect as a transfer for or on account of a new and contem poraneous consideration. (e) If any lien deemed voidable under paragraph (2) of subsection (a) of this Code sec tion has been dissolved by the furnishing of a bond or other obligation, the surety on which has been indemnified directly or indirectly by the transfer of or the creation of a lien upon any property of an insurer before the filing of a petition under this chapter which results in a liquidation order, the indemnifying transfer or lien shall also be deemed voidable. (f) The property affected by any lien deemed voidable under subsections (a) and (e) of this Code section shall be discharged from such lien, and that property and any of the in demnifying property transferred to or for the benefit of a surety shall pass to the liquidator, except that the court may on due notice order any such lien to be preserved for the benefit of the estate and the court may direct that such conveyance be executed as may be proper or adequate to evidence the title of the liquidator. (g) The superior court shall have summary jurisdiction of any proceeding by the liqui dator to hear and determine the rights of any parties under this Code section. Reasonable notice of any hearing in the proceeding shall be given to all parties in interest, including the obligee of a releasing bond or other like obligation. Where an order is entered for the recov- MONDAY, FEBRUARY 25, 1991 1009 ery of indemnifying property in kind or for the avoidance of an indemnifying lien, the court, upon application of any party in interest, shall in the same proceeding ascertain the value of the property or lien, and if the value is less than the amount for which the property is indemnity or than the amount of the lien, the transferee or lienholder may elect to retain the property or lien upon payment of its value, as ascertained by the court, to the liquidator within such reasonable time as the court shall fix. (h) The liability of the surety under a releasing bond or other like obligation shall be discharged to the extent of the value of the indemnifying property recovered or the indem nifying lien nullified and avoided by the liquidator or where the property is retained under subsection (g) of this Code section to the extent of the amount paid to the liquidator. (1) If a creditor has been preferred and afterward in good faith gives the insurer further credit without security of any kind for property which becomes a part of the insurer's estate, the amount of the new credit remaining unpaid at the time of the petition may be setoff against the preference which would otherwise be recoverable from him. (j) If an insurer shall, directly or indirectly, within four months before the filing of a successful petition for liquidation under this chapter, or at any time in contemplation of a proceeding to liquidate it, pay money or transfer property to an attorney for services ren dered or to be rendered, the transactions may be examined by the court on its own motion or shall be examined by the court on petition of the liquidator and shall be held valid only to the extent of a reasonable amount to be determined by the court, and the excess may be recovered by the liquidator for the benefits of the estate, provided that where the attorney is in a position of influence in the insurer or an affiliate thereof, payment of any money or the transfer of any property to the attorney for services rendered or to be rendered shall be governed by the provision of subparagraph (a) (2) (D) of this Code section. (k) (1) Every officer, manager, employee, shareholder, member, subscriber, attorney or any other person acting on behalf of the insurer who knowingly participates in giving any preference when he has reasonable cause to believe the insurer is or is about to become insolvent at the time of the preference shall be personally liable to the liquidator for the amount of the preference. It is permissible to infer that there is a reasonable cause to so believe if the transfer was made within four months before the date of filing of this success ful petition for liquidation. (2) Every person receiving any property from the insurer or the benefit thereof as a preference voidable under subsection (a) of this Code section shall be personally liable therefor and shall be bound to account to the liquidator. (3) Nothing in this subsection shall prejudice any other claim by the liquidator against any person. 33-37-28. (a) No claims of a creditor who has received or acquired a preference, lien, conveyance, transfer, assignment, or encumbrance voidable under this chapter shall be al lowed unless he surrenders the preference, lien, conveyance, transfer, assignment, or encum brance. If the avoidance is effected by a proceeding in which a final judgment has been entered, the claim shall not be allowed unless the money is paid or the property is delivered to the liquidator within 30 days from the date of the entering of the final judgment, except that the court having jurisdiction over the liquidation may allow further time if there is an appeal or other continuation of the proceeding. (b) A claim allowable under subsection (a) of this Code section by reason of the avoid ance, whether voluntary or involuntary, a preference, lien, conveyance, transfer, assignment, or encumbrance, may be filed as an excused last filing under Code Section 33-37-34 if filed within 30 days from the date of the avoidance, or within the further time allowed by the court under subsection (a) of this Code section. 33-37-29. (a) In all cases of mutual debts or mutual credits between the insurer and another person in connection with any action or proceeding under this chapter, such credits and debts shall be setoff and the balance only shall be allowed or paid, except as provided in subsection (b) of this Code section. 1010 JOURNAL OF THE SENATE (b) No setoff shall be allowed in favor of any person where: (1) The obligation of the insurer to the person would not, at the date of the entry of any liquidation order or otherwise, as provided in Code Section 33-37-17, entitle him to share as a claimant in the assets of the insurer; (2) The obligation of the insurer to the person was purchased by or transferred to the person with a view of its being used as a setoff; or (3) The obligation of the person is to pay an assessment levied against the members of a mutual insurer or against the subscribers of a reciprocal insurer or is to pay a balance upon the subscription to the capital stock of a stock insurer. 33-37-30. (a) As soon as practicable but not more than two years from the date of an order of liquidation under Code Section 33-37-17 of an insurer issuing assessable policies, the liquidator shall make a report to the court setting forth: (1) The reasonable value of the assets of the insurer; (2) The insurer's probable total liabilities; (3) The probable aggregate amount of the assessment necessary to pay all claims of creditors and expenses in full, including expenses of administration and costs of collecting the assessment; and (4) A recommendation as to whether or not an assessment should be made and in what amount. (b) (1) Upon the basis of the report provided in subsection (a) of this Code section, including any supplements and amendments thereto, the superior court may levy one or more assessments against all members of the insurer who are subject to assessment; (2) Subject to any applicable legal limits on assessability, the aggregate assessment it shall be for the amount that the sum of the probable liabilities, the expenses of administra tion, and the estimated cost of collection of the assessment, exceeds the value of existing assets, with due regard being given to assessments that cannot be collected economically. (c) After levy of assessment under subsection (b) of this Code section, the liquidator shall issue an order directing each member who has not paid the assessment pursuant to the order, to show cause why the liquidator should not pursue a judgment therefor. (d) The liquidator shall give notice of the order to show cause by publication and by first-class mail to each member liable thereunder mailed to his last known address as it appears on the insurer's records, at least 20 days before the return date of the order to show cause. (e) (1) If a member does not appear and serve duly verified objections upon the liquida tor on or before the return date of the order to show cause under subsection (c) of this Code section, the court shall make an order adjudging the member liable for the amount of the assessment against him pursuant to subsection (c) of this Code section, together with costs, and the liquidator shall have a judgment against the member therefor. (2) If on or before such return date the member appears and serves duly verified objec tions upon the liquidator, the Commissioner may hear and determine the matter or may appoint a referee to hear it and make such order as the facts warrant. In the event that the Commissioner determines that such objections do not warrant relief from assessment, the member may request the court to review the matter and vacate the order to show cause. (f) The liquidator may enforce any order or collect any judgment under subsection (e) of this Code section by any lawful means. 33-37-31. The amount recoverable by the liquidator from reinsurers shall not be re duced as a result of the delinquency proceedings regardless of any provision in the reinsur ance contract or other agreement. Payment made directly to an insured or other creditor shall not diminish the reinsurer's obligation to the insurer's estate except when the reinsur- MONDAY, FEBRUARY 25, 1991 1011 ance contract provided for direct coverage of a named insured and the payment was made in discharge of that obligation. 33-37-32. (a) (1) An agent, broker, premium finance company, or any other person, other than the insured, responsible for the payment of a premium shall be obligated to pay any unpaid premium for the full policy term due the insurer at the time of the declaration of insolvency, whether earned or unearned, as shown on the records of the insurer. The liquidator shall also have the right to recover from such person any part of an unearned premium that represents commission of such person. Credits or setoffs or both shall not be allowed to an agent, broker, or premium finance company for any amounts advanced to the insurer by the agent, broker, or premium finance company on behalf of, but in the absence of a payment by, the insured. (2) An insured shall be obligated to pay any unpaid earned premium due the insurer at the time of the declaration of insolvency, as shown on the records of the insurer. (b) Upon satisfactory evidence of a violation of this Code section, the Commissioner may pursue either one or both of the following courses of action: (1) Suspend, revoke, or refuse to renew the licenses of such offending party or parties; or (2) Impose a penalty of not more than $5,000.00 for each and every act in violation of this Code section by said party or parties. (c) Before the Commissioner shall take any action as provided in subsection (b) of this Code section, written notice shall be provided to the person, company, association, or ex change accused of violating the law, stating specifically the nature of the alleged violation and fixing a time and place, at least ten days thereafter, when a hearing on the matter shall be held. After such hearing, or upon failure of the accused to appear at such hearing, the Commissioner, if he shall find such violation, shall impose such of the penalties under sub section (b) of this Code section as he deems advisable. (d) When the Commissioner shall take action in any or all of the ways set out in sub section (b) of this Code section, the party aggrieved may appeal from said action to the superior court. 33-37-33. (a) Within 120 days of a final determination of insolvency of an insurer by a court of competent jurisdiction of this state, the liquidator shall make application to the court for approval of a proposal to disburse assets out of marshalled assets, from time to time as such assets become available, to a guaranty association or foreign guaranty associa tion having obligations because of such insolvency. If the liquidator determines that there are insufficient assets to disburse, the application required by this Code section shall be considered satisfied by a filing by the liquidator stating the reasons for this determination. (b) Such proposal shall at least include provisions for: (1) Reserving amounts for the payment of expenses of administration and the payment of claims of secured creditors, to the extent of the value of the security held, and claims falling within the priorities established in Classes 1 and 2 as provided in Code Section 3337-41; (2) Disbursement of the assets marshalled to date and subsequent disbursement of as sets as they become available; (3) Equitable allocation of disbursements to each of the guaranty associations and for eign guaranty associations entitled thereto; (4) The securing by the liquidator from each of the associations entitled to disburse ments pursuant to this Code section of an agreement to return to the liquidator such assets, together with income earned on assets previously disbursed, as may be required to pay claims of secured creditors and claims falling within the priorities established in Code Sec tion 33-37-41 in accordance with such priorities. No bond shall be required of any such association; and 1012 JOURNAL OF THE SENATE (5) A full report to be made by each association to the liquidator accounting for all assets so disbursed to the association, all disbursements made therefrom, any interest earned by the association on such assets, and any other matter as the court may direct. (c) The liquidator's proposal shall provide for disbursements to the associations in amounts estimated at least equal to the claim payments under or to be made thereby for which such associations could assert a claim against the liquidator and shall further provide that if the assets available for disbursement from time to time do not equal or exceed the amount of such claim payments made or to be made by the association then disbursements shall be in the amount of available assets. (d) The liquidator's proposal shall, with respect to an insolvent insurer writing life or accident and sickness insurance or annuities, provide for disbursements of assets to any guaranty association or any foreign guaranty association covering life or accident and sick ness insurance or annuities or to any other entity or organization reinsuring, assuming, or guaranteeing policies or contracts of insurance under the acts creating such association. (e) Notice of such application shall be given to the association in and to the commis sioners of insurance of each of the states. Any such notice shall be deemed to have been given when deposited in the United States certified mails, first-class postage prepaid, at least 30 days prior to submission of such application to the court. Action on the application may be taken by the court provided the above-required notice has been given and, provided further that the liquidator's proposal complies with paragraphs (1) and (2) of subsection (b) of this Code section. 33-37-34. (a) Proof of all claims shall be filed with the liquidator in the form required by Code Section 33-37-35 on or before the last day for filing specified in the notice required under Code Section 33-37-21, except that proof of claims for cash surrender values or other investment values in life insurance and annuities need not be filed unless the liquidator expressly so requires. (b) The liquidator may permit a claimant making a late filing to share in distributions, whether past or future, as if he were not late, to the extent that any such payment will not prejudice the orderly administration of the liquidation, under the following circumstances: (1) The existence of the claim was not known to the claimant and that he filed his claim as promptly thereafter as reasonably possible after learning of it; (2) A transfer to a creditor was avoided under Code Sections 33-37-25 through 33-37-27 or was voluntarily surrendered under Code Section 33-37-28, and that the filing satisfies the conditions of Code Section 33-37-28; and (3) The valuation under Code Section 33-37-40, of security held by a secured creditor shows a deficiency, which is filed within 30 days after the valuation. (c) The liquidator shall permit late filing claims to share in distributions, whether past or future, as if they were not late, if such claims are claims of a guaranty association or foreign guaranty association for reimbursement of covered claims paid or expenses incurred, or both, subsequent to the last day for filing where such payments were made and expenses incurred as provided by law. (d) The liquidator may consider any claim filed late which is not covered by subsection (b) of this Code section and permit it to receive distributions which are subsequently de clared on any claims of the same or lower priority if the payment does not prejudice the orderly administration of the liquidation. The late-filing claimant shall receive, at each dis tribution, the same percentage of the amount allowed on his claim as is then being paid to claimants of any lower priority. This shall continue until his claim has been paid in full. 33-37-35. (a) Proof of claim shall consist of a statement signed by the claimant that includes all of the following that are applicable: (1) The particulars of the claim including the consideration given for it; (2) The identity and amount of the security on the claim; MONDAY, FEBRUARY 25, 1991 1013 (3) The payments made on the debt, if any; (4) That the sum claimed is justly owing and that there is no setoff, counterclaim, or defense to the claim; (5) Any right of priority of payment or other specific right asserted by the claimants; (6) A copy of the written instrument which is the foundation of the claim; and (7) The name and address of the claimant and the attorney who represents him, if any. (b) No claim need be considered or allowed if it does not contain all the information in subsection (a) of this Code section which may be applicable. The liquidator may require that a prescribed form be used, and may require that other information and documents be included. (c) At any time the liquidator may request the claimant to present information or evi dence supplementary to that required under subsection (a) of this Code section and may take testimony under oath, require production of affidavits or depositions, or otherwise ob tain additional information or evidence. (d) No judgment or order against an insured or the insurer entered after the date of filing of a successful petition for liquidation, and no judgment or order against an insured or the insurer entered at any time by default or by collusion need be considered as evidence of liability or of quantum of damages. No judgment or order against an insured or the insurer entered within four months before the filing of the petition need be considered as evidence of liability or of the quantum of damages. (e) All claims of a guaranty association or foreign guaranty association shall be in such form and contain such substantiation as may be agreed to by the association and the liquidator. 33-37-36. (a) The claim of a third party which is contingent only on his first obtaining a judgment against the insured shall be considered and allowed as if there were no such contingency. (b) A claim may be allowed, even if contingent, if it is filed in accordance with Code Section 33-37-34. It may be allowed and may participate in all distributions declared after it is filed to the extent that it does not prejudice the orderly administration of the liquidation. (c) Claims that are due except for the passage of time shall be treated as absolute claims are treated, except that such claims may be discontinued at the legal rate of interest. (d) Claims made under employment contracts by directors, principal officers, or persons in fact performing similar functions or having similar powers are limited to payment for services rendered prior to the issuance of any order of rehabilitation or liquidation under Code Section 33-37-12 or 33-37-17. 33-37-37. (a) Whenever any third party asserts a cause of action against an insured of an insurer in liquidation, the third party may file a claim with the liquidator. (b) Whether or not the third party files a claim, the insured may file on his own behalf in the liquidation. If the insured fails to file a claim by the date for filing claims specified in the order of liquidation or within 60 days after mailing of the notice required by Code Sec tion 33-37-21, whichever is later, he is an unexcused late filer. (c) The liquidator shall make his recommendations to the court under Code Section 3337-41 for the allowance of an insured's claim under subsection (b) of this Code section after consideration of the probable outcome of any pending action against the insured on which the claim is based, the probable damages recoverable in the action and the probable costs and expenses of defense. After allowance by the court, the liquidator shall withhold any dividends payable on the claim pending the outcome of litigation and negotiation with the insured. Whenever it seems appropriate, he shall reconsider the claim on the basis of addi tional information and amend his recommendations to the court. The insured shall be af forded the same notice and opportunity to be heard on all changes in the recommendation 1014 JOURNAL OF THE SENATE as in its initial determination. The court may amend its allowance as it thinks appropriate. As claims against the insured are settled or barred, the insured shall be paid from the amount withheld the same percentage dividend as was paid on other claims of like property based on the lesser of the amount actually recovered from the insured by action or paid by agreement plus the reasonable costs and expense of defense or the amount allowed on the claims by the court. After all claims are settled or barred, any sum remaining from the amount withheld shall revert to the undistributed assets of the insurer. Delay in final pay ment under this subsection shall not be a reason for unreasonable delay of final distribution and discharge of the liquidator. (d) If several claims founded upon one policy are filed, whether by third parties or as claims by the insured under this Code section, and the aggregate allowed amount of the claims to which the same limit of liability in the policy is applicable exceeds that limit, each claim as allowed shall be reduced in the same proportion so that the total equals the policy limit. Claims by the insured shall be evaluated as in subsection (c) of this Code section. If any insured's claim is subsequently reduced under subsection (c) of this Code section, the amount thus freed shall be apportioned ratably among the claims which have been reduced under this subsection. (e) No claim may be presented under this Code section if it is or may be covered by any guaranty association or foreign guaranty association. 33-37-38. (a) When a claim is denied in whole or in part by the liquidator, written notice of the determination shall be given to the claimant or his attorney by first-class mail at the address shown in the proof of claim. Within 60 days from the mailing of the notice, the claimant may file his objections with the liquidator. If no such filing is made, the claim ant may not further object to the determination. (b) Whenever objections are filed with the liquidator and the liquidator does not alter his denial of the claim as a result of the objections, the liquidator shall ask the court for a hearing as soon as practicable and give notice of the hearing by first-class mail to the claim ant or his attorney and to any other persons directly affected, not less than ten nor more than 30 days before the date of the hearing. The matter may be heard by the court or by a court appointed referee who shall submit findings of fact along with his recommendation. 33-37-39. Whenever a creditor whose claim against an insurer is secured, in whole or in part, by the undertaking of another person fails to prove and file that claim, the other per son may do so in the creditor's name, and shall be subrogated to the rights of the creditor, whether the claim has been filed by the creditor or by the other person in the creditor's name, to the extent that he discharges the undertaking. In the absence of an agreement with the creditor to the contrary, the other person shall not be entitled to any distribution; how ever, until the amount paid to the creditor on the undertaking plus the distributions paid on the claim from the insurer's estate to the creditor equals the amount of the entire claim of the creditor. Any excess received by the creditor shall be held by him in trust for such other person. The term 'other person,' as used in this Code section, is not intended to apply to a guaranty association or foreign guaranty association. 33-37-40. (a) The value of any security held by a secured creditor shall be determined in one of the following ways, as the court may direct: (1) By converting the same into money according to the terms of the agreement pursu ant to which the security was delivered to such creditors; or (2) By agreement, arbitration, compromise, or litigation between the creditor and the liquidator. (b) The determination shall be under the supervision and control of the court with due regard for the recommendation of the liquidator. The amount so determined shall be credited upon the secured claim, and any deficiency shall be treated as an unsecured claim. If the claimant shall surrender his security to the liquidator, the entire claim shall be al lowed as if unsecured. MONDAY, FEBRUARY 25, 1991 1015 33-37-41. The priority of distribution of claims from the insurer's estate shall be in accordance with the order as set forth in this Code section. Every claim in each class shall be paid in full or adequate funds retained for such payment before the members of the next class receive any payment. No subclasses shall be established within any class. The order of distribution of claims shall be: (1) Class 1. The costs and expenses of administration during rehabilitation and liquida tion, including, but not limited to, the following: (A) The actual and necessary costs of preserving or recovering the assets of the insurer; (B) Compensation for all authorized services rendered in the rehabilitation and liquidation; (C) Any necessary filing fees; (D) The fees and mileage payable to witnesses; (E) Authorized reasonable attorney's fees and other professional services rendered in the rehabilitation and liquidation; and (F) The reasonable expenses of a guaranty association or foreign guaranty association for unallocated loss adjustment expenses; (2) Class 2. Reasonable compensation to employees for services performed to the extent that they do not exceed two months of monetary compensation and represent payment for services performed within one year before the riling of the petition for liquidation or, if rehabilitation preceded liquidation, within one year before the filing of the petition for reha bilitation. Principal officers and directors shall not be entitled to the benefit of this priority except as otherwise approved by the liquidator and the court. Such priority shall be in lieu of any other similar priority which may be authorized by law as to wages or compensation of employees; (3) Class 3. All claims under policies, including such claims of the federal or any state or local government for losses incurred, including third-party claims and all claims of a guar anty association or foreign guaranty association. All claims under life insurance and annuity policies, whether for death proceeds, annuity proceeds, or investment values shall be treated as loss claims, that portion of any loss, indemnification for which is provided by other bene fits or advantages recovered by the claimant, shall not be included in this class other than benefits or advantages recovered or recoverable in discharge of familial obligation of support or by way of succession at death or as proceeds of life insurance or as gratuities. No pay ment by an employer to his employee shall be treated as a gratuity; (4) Class 4. Claims under nonassessable policies for unearned premium or other pre mium refunds and claims of general creditors, including the claims of ceding and assuming companies in their capacity as such; (5) Class 5. Claims of the federal or any state or local government except those under Class 3. Claims, including those of any governmental body for a penalty or forfeiture, shall be allowed in this class only to the extent of the pecuniary loss sustained from the act, transaction, or proceeding out of which the penalty or forfeiture arose with reasonable and actual costs occasioned thereby. The remainder of such claims shall be postponed to the class of claims established under paragraph (8) of this Code section; (6) Class 6. Claims filed late or any other claims other than claims under paragraphs (7) and (8) of this Code section; (7) Class 7. Surplus or contribution notes or similar obligations and premium refunds on assessable policies. Payments to members of domestic mutual insurance companies shall be limited in accordance with law; and (8) Class 8. The claims of shareholders or other owners in their capacity as shareholders. 33-37-42. (a) The liquidator shall review all claims duly filed in the liquidation and shall 1016 JOURNAL OF THE SENATE make such further investigation as he shall deem necessary. He may compound, compro mise, or in any other manner negotiate the amount for which claims will be recommended to the court except where the liquidator is required by law to accept claims as settled by any person or organization, including any guaranty association or foreign guaranty association. Unresolved disputes shall be determined under Code Section 33-37-38. As soon as practica ble, he shall present to the court a report of the claims against the insurer with his recom mendations. The report shall include the name and address of each claimant and the amount of the claim finally recommended, if any. If the insurer has issued annuities or life insurance policies, the liquidator shall report the persons to whom, according to the records of the insurer, amounts are owed as cash surrender values or other investment value and the amounts owed. (b) The court may approve, disapprove, or modify the report on claims by the liquida tor. Such reports as are not modified by the court within a period of 60 days following submission by the liquidator shall be treated by the liquidator as allowed claims subject thereafter to later modification or to rulings made by the court pursuant to Code Section 33-37-38. No claim under a policy of insurance shall be allowed for an amount in excess of the applicable policy limits. 33-37-43. Under the direction of the court, the liquidator shall pay distributions in a manner that will assure the proper recognition of priorities and a reasonable balance be tween the expeditious completion of the liquidation and the protection of unliquidated and undetermined claims, including third-party claims. Distribution of assets in kind may be made at valuations set by agreement between the liquidator and the creditor and approved by the court. 33-37-44. (a) All unclaimed funds subject to distribution remaining in the liquidator's hands when he is ready to apply to the court for discharge, including the amount distributa ble to any creditor, shareholder, member, or other person who is unknown or cannot be found shall be maintained by the Commissioner and shall be paid without interest except in accordance with Code Section 33-37-41 to the person entitled thereto or his legal represen tative upon proof satisfactory to the Commissioner of his right thereto. Any amount on deposit not claimed within six years from the discharge of the liquidator shall be deemed to have been abandoned and shall be escheated without formal escheat proceedings and be deposited in the general fund of the state. (b) All funds withheld under Code Section 33-37-36 and not distributed shall upon dis charge of the liquidator be maintained by the Commissioner and paid by him in accordance with Code Section 33-37-41. Any sums remaining which under Code Section 33-37-41 would revert to the undistributed assets of the insurer shall be transferred to the general fund of the state under subsection (a) of this Code section, unless the Commissioner in his discre tion petitions the court to reopen the liquidation under Code Section 33-37-46. 33-37-45. (a) When all assets justifying the expense of collection and distribution have been collected and distributed under this chapter, the liquidator shall apply to the court for discharge. The court may grant the discharge and make any other orders, including an order to transfer any remaining funds that are uneconomic to distribute as may be deemed appropriate. (b) Any other person may apply to the court at any time for an order under subsection (a) of this Code section. If the application is denied, the applicant shall pay the costs and expenses of the liquidator in resisting the application, including a reasonable attorney's fee. 33-37-46. After the liquidation proceeding has been terminated and the liquidator dis charged, the Commissioner or other interested party may at any time petition the superior court to reopen the proceedings for good cause, including the discovery of additional assets. If the court is satisfied that there is justification for reopening, it shall so order. 33-37-47. Whenever it shall appear to the Commissioner that the records of any insurer in process of liquidation or completely liquidated are no longer useful, he may recommend MONDAY, FEBRUARY 25, 1991 1017 to the court and the court shall direct what records should be retained for future reference and what should be destroyed. 33-37-48. The superior court may, as it deems desirable, cause audits to be made of the books of the Commissioner relating to any receivership established under this chapter, and a report of each audit shall be filed with the Commissioner and with the court. The books, records, and other documents of the receivership shall be made available to the auditor at any time without notice. The expense of each audit shall be considered a cost of administra tion of the receivership. ARTICLE 4 33-37-49. (a) If a domiciliary liquidator has not been appointed, the Commissioner may apply to the superior court by verified petition for an order directing him to act as conserva tor to conserve the property of an alien insurer not domiciled in this state or a foreign insurer on any one or more of the following grounds: (1) Any of the grounds provided in Code Section 33-37-11; (2) That any of its property has been sequestered by official action in its domiciliary state or in any other state; (3) That enough of its property has been sequestered in a foreign country to give rea sonable cause to fear that the insurer is or may become insolvent; or (4) (A) That its certificate of authority to do business in this state has been revoked or that none was ever issued; and (B) That there are residents of this state with outstanding claims or outstanding policies. (b) When an order is sought under subsection (a) of this Code section, the court shall cause the insurer to be given such notice and time to respond thereto as is reasonable under the circumstances. (c) The court may issue the order in whatever terms it shall deem appropriate. The filing or recording of the order with the clerk of superior court of the county in which the principal business of the company is located shall impart the same notice as a deed, bill of sale, or other evidence of title duly filed or recorded with the clerk would have imparted. (d) The conservator may at any time petition for and the court may grant an order under Code Section 33-37-50 to liquidate assets of a foreign or alien insurer under conserva tion or, if appropriate, for an order under Code Section 33-37-52 to be appointed ancillary receiver. (e) The conservator may at any time petition the court for an order terminating conser vation of an insurer. If the court finds that the conservation is no longer necessary, it shall order that the insurer be restored to possession of its property and the control of its busi ness. The court may also make such finding and issue such order at any time upon motion of any interested party but, if such motion is denied, all costs shall be assessed against such party. 33-37-50. (a) If no domiciliary receiver has been appointed, the Commissioner may ap ply to the superior court by verified petition for an order directing him to liquidate the assets found in this state of a foreign insurer or an alien insurer not domiciled in this state, on any of the following grounds: (1) Any of the grounds provided in Code Section 33-37-11 or 33-37-16; or (2) Any of the grounds specified paragraphs (2) through (4) of subsection (a) of Code Section 33-37-49. (b) When an order is sought under subsection (a) of this Code section, the court shall cause the insurer to be given such notice and time to respond thereto as is reasonable under the circumstances. 1018 JOURNAL OF THE SENATE (c) If it shall appear to the court that the best interests of creditors, policyholders, and the public require, the court may issue an order to liquidate in whatever terms it shall deem appropriate. The filing or recording of the order with the clerk of the superior court of the county in which the principal business of the company is located or the county in which its principal office or place of business is located shall impart the same notice as a deed, bill of sale, or other evidence of title duly filed or recorded with the clerk would have imparted. (d) If a domiciliary liquidator is appointed in a reciprocal state while a liquidation is proceeding under this Code section, the liquidator under this Code section shall thereafter act as ancillary receiver under Code Section 33-37-52. If a domiciliary liquidator is ap pointed in a nonreciprocal state while a liquidation is proceeding under this Code section, the liquidator under this Code section may petition the court for permission to act as ancil lary receiver under Code Section 33-37-52. (e) On the same grounds as are specified in subsection (a) of this Code section, the commissioner may petition any appropriate federal district court to be appointed receiver to liquidate that portion of the insurer's assets and business over which the court will exercise jurisdiction or any lesser part thereof that the commissioner deems desirable for the protec tion of the policyholders and creditors in this state. (f) The court may order the commissioner, when he has liquidated the assets of a for eign or alien insurer under this Code section, to pay claims of residents of this state against the insurer under such rules as to the liquidation of insurers under this chapter as are other wise compatible with the provisions of this Code section. 33-37-51. (a) The domiciliary liquidator of an insurer domiciled in a reciprocal state shall, except as to special deposits and security on secured claims under subsection (c) of Code Section 33-37-52, be vested by operation of law with the title to all of the assets, property, contracts, and rights of action, agents' balances and all of the books, accounts, and other records of the insurer located in this state. The date of vesting shall be the date of the filing of the petition, if that date is specified by the domiciliary law for the vesting of prop erty in the domiciliary state. Otherwise, the date of vesting shall be the date of entry of the order directing possession to be taken. The domiciliary liquidator shall have the immediate right to recover balances due from agents and to obtain possession of the books, accounts, and other records of the insurer located in this state. He also shall have the right to recover all other assets of the insurer located in this state, subject to the provisions of Code Section 33-37-52. (b) If a domiciliary liquidator is appointed for an insurer not domiciled in a reciprocal state, the commissioner of this state shall be vested by operation of law with the title to all of the property, contracts, and right of action and all of the books, accounts, and other records of the insurer located in this state at the same time that the domiciliary liquidator is vested with title in the domicile. The Commissioner may petition for a conservation or liqui dation order under Code Section 33-37-49 or 33-37-50 or for an ancillary receivership under Code Section 33-37-52 or after approval by the superior court may transfer title to the dom iciliary liquidator as the interests of justice and the equitable distribution of the assets require. (c) Claimants residing in this state may file claims with the liquidator or ancillary re ceiver, if any, in this state or with the domiciliary liquidator if the domiciliary law permits. The claims must be filed on or before the last date fixed for the filing of claims in the domiciliary liquidation proceedings. 33-37-52. (a) If a domiciliary liquidator has been appointed for an insurer not domiciled in this state, the commissioner may file a petition with the superior court requesting ap pointment as ancillary receiver in this state; (1) If he finds that there are sufficient assets of the insurer located in this state to justify the appointment of an ancillary receiver; or (2) If the protection of creditors or policyholders in this state so requires. MONDAY, FEBRUARY 25, 1991 1019 (b) The court may issue an order appointing an ancillary receiver in whatever terms it shall deem appropriate. The riling or recording of the order with the appropriate clerk of the superior court in this state imparts the same notice as a deed, bill of sale, or other evidence of title duly filed or recorded with the clerk. (c) When a domiciliary liquidator has been appointed in a reciprocal state, then the ancillary receiver appointed in this state may, whenever necessary, aid and assist the domi ciliary liquidator in recovering assets of the insurer located in this state. The ancillary re ceiver shall, as soon as practicable, liquidate from their respective securities those special deposit claims and secured claims which are proved and allowed in the ancillary proceedings in this state and shall pay the necessary expenses of the proceedings. He shall promptly transfer all remaining assets, books, accounts, and records to the domiciliary liquidator. Subject to this Code section, the ancillary receiver and his deputies shall have the same powers and be subject to the same duties with respect to the administration of assets as a liquidator of an insurer domiciled in this state. (d) When a domiciliary liquidator has been appointed in this state, ancillary receivers appointed in reciprocal states shall have, as to assets and books, accounts, and other records in their respective states, corresponding rights, duties and powers to those provided in sub section (c) of this Code section for ancillary receivers appointed in this state. 33-37-53. The Commissioner in his sole discretion may institute proceedings under Code Sections 33-37-9 and 33-37-10 at the request of the commissioner or other appropriate insurance official of the domiciliary state of any foreign or alien insurer having property located in this state. 33-37-54. (a) In a liquidation proceeding begun in this state against an insurer domi ciled in this state, claimants residing in foreign countries or in states not reciprocal states must file claims in this state, and claimants residing in reciprocal states may file claims either with the ancillary receivers, if any, in their respective states or with the domiciliary liquidator. Claims must be filed on or before the last date fixed for the filing of claims in the domiciliary liquidation proceeding. (b) Claims belonging to claimants residing in reciprocal states may be proved either in the liquidation proceeding in this state as provided in this chapter or in ancillary proceed ings, if any, in the reciprocal states. If notice of the claims and opportunity to appear and be heard is afforded the domiciliary liquidator of this state as provided in subsection (b) of Code Section 33-37-55 with respect to ancillary proceedings, the final allowance of claims by the courts in ancillary proceedings in reciprocal states shall be conclusive as to amount and as to priority against special deposits or other security located in such ancillary states, but shall not be conclusive with respect to priorities against general assets under Code Section 33-37-41. 33-37-55. (a) In a liquidation proceeding in a reciprocal state against an insurer domi ciled in that state, claimants against the insurer who reside within this state may file claims either with the ancillary receiver, if any, in this state or with the domiciliary liquidator. Claims must be filed on or before the last dates fixed for the filing of claims in the domicili ary liquidation proceeding. (b) Claims belonging to claimants residing in this state may be proved either in the domiciliary state under the law of that state or in ancillary proceedings, if any, in this state. If a claimant elects to prove his claim in this state, he shall file his claim with the liquidator in the manner provided in Code Sections 33-37-34 and 33-37-35. The ancillary receiver shall make his recommendation to the court as under Code Section 33-37-42. He shall also ar range a date for hearing if necessary under Code Section 33-37-38 and shall give notice to the liquidator in the domiciliary state, either by certified mail or by personal service at least 40 days prior to the date set for hearing. If the domiciliary liquidator, within 30 days after the giving of such notice, gives notice in writing to the ancillary receiver and to the claim ant, either by certified mail or by personal service, of his intention to contest the claim, he 1020 JOURNAL OF THE SENATE shall be entitled to appear or to be represented in any proceeding in this state involving the adjudication of the claim. (c) The final allowance of the claim by the courts of this state shall be accepted as conclusive as to amount and as to priority against special deposits or other security located in this state. 33-37-56. During the pendency in this or any other state of a liquidation proceeding, whether called by that name or not, no action or proceeding in the nature of an attachment, garnishment, or levy of execution shall be commenced or maintained in this state against the delinquent insurer or its assets. 33-37-57. (a) In a liquidation proceeding in this state involving one or more reciprocal states, the order of distribution of the domiciliary state shall control as to all claims of residents of this and reciprocal states. All claims of residents of reciprocal states shall be given equal priority of payment from general assets regardless of where such assets are located. (b) The owners of special deposit claims against an insurer for which a liquidator is appointed in this or any other state shall be given priority against the special deposits in accordance with the statutes governing the creation and maintenance of the deposits. If there is a deficiency in any deposit, so that the claims secured by it are not fully discharged from it, the claimants may share in the general assets, but the sharing shall be deferred until general creditors, and also claimants against other special deposits who have received smaller percentages from their respective special deposits, have been paid percentages of their claims equal to the percentage paid from the special deposit. (c) The owner of a secure claim against an insurer for which a liquidator has been appointed in this or any other state may surrender his security and file his claim as a gen eral creditor, or the claim may be discharged by resort to the security in accordance with Code Section 33-37-40, in which case the deficiency, if any, shall be treated as a claim against the general assets of the insurer on the same basis as claims of unsecured creditors. 33-37-58. If an ancillary receiver in another state or foreign country, whether called by that name or not, fails to transfer to the domiciliary liquidator in this state any assets within his control other than special deposits, diminished only by the expenses of the ancil lary receivership, if any, the claims filed in the ancillary receivership, other than special deposit claims or secured claims, shall be placed in the class of claims under paragraph (7) of Code Section 33-37-41." Section 6. Said title is further amended by adding immediately following Chapter 46, relating to the certification of private review agents, three new chapters, to be designated Chapters 47, 48, and 49, to read as follows: "CHAPTER 47 33-47-1. This chapter shall be known and may be cited as the 'Managing General Agents Act.' 33-47-2. As used in this chapter, the term: (1) 'Actuary' means a person who is a member in good standing of the American Acad emy of Actuaries. (2) 'Insurer' means any person, firm, association, or corporation duly licensed and au thorized in this state to transact insurance. (3) (A) 'Managing general agent' means any person, firm, association, or corporation who negotiates and binds ceding reinsurance contracts on behalf of an insurer or manages all or part of the insurance business of an insurer, including the management of a separate division, department, or underwriting office and acts as an agent for such insurer whether known as a managing general agent, manager, or other similar term, who, with or without the authority, either separately or together with affiliates, produces, directly or indirectly, and underwrites an amount of gross direct written premium equal to or more than 5 percent MONDAY, FEBRUARY 25, 1991 1021 of the policyholder surplus as reported in the last annual statement of the insurer in any one quarter or year together with one or more of the following: (i) Adjusts or pays claims in excess of an amount determined by the Commissioner; or (ii) Negotiates reinsurance on behalf of the insurer. (B) Notwithstanding the provisions of subparagraph (A) of this paragraph, the follow ing persons shall not be considered as managing general agents for the purposes of this chapter: (i) An employee of the insurer; (ii) A United States manager of the United States branch of an alien insurer; (iii) An underwriting manager which, pursuant to contract, manages all the insurance operations of the insurer, is under common control of the insurer, subject to Chapter 13 of this title, and whose compensation is not based on the volume of premiums written. (4) 'Producer' means an agent as defined in Chapter 23 of this title. (5) 'Underwrite' means the authority to accept or reject risk on behalf of the insurer. 33-47-3. (a) No person, firm, association, or corporation shall act in the capacity of a managing general agent with respect to risks located in this state for an insurer licensed in this state unless such person is a licensed producer in this state. (b) No person, firm, association, or corporation shall act in the capacity of a managing general agent representing an insurer domiciled in this state with respect to risks located outside this state unless such person is licensed as a producer in this state pursuant to the provisions of this chapter. (c) The Commissioner may require the managing general agent to maintain a surety bond in an amount acceptable to him for the protection of the insurer. The Commissioner may require the managing general agent to maintain an errors and omissions policy. 33-47-4. No person, firm, association, or corporation acting in the capacity of a manag ing general agent shall place business with an insurer unless there is in force a written con tract between the parties which sets forth the responsibilities of each party and where both parties share responsibility for a particular function, specifies the division of such responsi bilities, and which contains the following minimum provisions: (1) The insurer may terminate the contract for cause upon written notice to the manag ing general agent. The insurer may suspend the underwriting authority of the managing general agent during the pendency of any dispute regarding the cause for termination; (2) The managing general agent will render accounts to the insurer detailing all transac tions and remit all funds due under the contract to the insurer on not less than a monthly basis; (3) All funds collected for the account of an insurer will be held by the managing gen eral agent in a fiduciary capacity in a bank which is a member of the Federal Reserve Sys tem. This account shall be used for all payments on behalf of the insurer. The managing general agent may retain no more than three months' estimated claims payments and allo cated loss adjustment expenses; (4) Separate records of business written by the managing general agent will be main tained. The insurer shall have access to and right to copy all accounts and records related to its business in a form usable by the insurer and the Commissioner shall have access to all books, bank accounts, and records of the managing general agent in a form usable to the Commissioner. Such records shall be retained according to rules and regulations promul gated by the Commissioner; (5) The contract may not be assigned in whole or part by the managing general agent; 1022 JOURNAL OF THE SENATE (6) Appropriate underwriting guidelines including: (A) The maximum annual premium volume; (B) The basis of the rates to be charged; (C) The types of risks which may be written; (D) Maximum limits of liability; (E) Applicable exclusions; (F) Territorial limitations; (G) Policy cancellation provisions; and (H) The maximum policy period; The insurer shall have the right to cancel or nonrenew any policy of insurance subject to the provisions of Chapter 24 of this title which relate to cancellation and nonrenewal of policies. (7) If the contract permits the managing general agent to settle claims on behalf of the insurer: (A) All claims must be reported to the company in a timely manner; (B) A copy of the claim file will be sent to the insurer at its request or as soon as it becomes known that the claim: (i) Has the potential to exceed an amount determined by the Commissioner or exceeds the limit set by the company, whichever is less; (ii) Involves a coverage dispute; (iii) May exceed the managing general agent's claims settlement authority; (iv) Is open for more than six months; or (v) Is closed by payment of an amount set by the Commissioner or an amount set by the company, whichever is less; (C) All claim files will be the joint property of the insurer and the managing general agent. However, upon an order of liquidation of the insurer such files shall become the sole property of the insurer or its estate; the managing general agent shall have reasonable access to and the right to copy the files on a timely basis; and (D) Any settlement authority granted to the managing general agent may be terminated for cause upon the insurer's written notice to the managing general agent or upon the termi nation of the contract. The insurer may suspend the settlement authority during the pen dency of any dispute regarding the cause for termination; (8) Where electronic claims files are in existence, the contract must address the timely transmission of the data; (9) If the contract provides for a sharing of interim profits by the managing general agent, and the managing general agent has the authority to determine the amount of the interim profits by establishing loss reserves or controlling claim payments, or in any other manner, interim profits will not be paid to the managing general agent until one year after they are earned for property insurance business and five years after they are earned on casualty business and not until the profits have been verified pursuant to Code Section 3347-5; and (10) The managing general agent shall not: (A) Bind reinsurance or retrocessions on behalf of the insurer, except that the managing general agent may bind facultative reinsurance contracts pursuant to obligatory facultative agreements if the contract with the insurer contains reinsurance underwriting guidelines including, for both reinsurance assumed and ceded, a list of reinsurers with which such MONDAY, FEBRUARY 25, 1991 1023 automatic agreements are in effect, the coverages and amounts or percentages that may be reinsured and commission schedules; (B) Commit the insurer to participate in insurance or reinsurance syndicates; (C) Appoint any producer without assuring that the producer is lawfully licensed to transact the type of insurance for which he is appointed; (D) Without prior approval of the insurer, pay or commit the insurer to pay a claim over a specified amount, net of reinsurance, which shall not exceed 1 percent of the insurer's policyholder's surplus as of December 31 of the last completed calendar year; (E) Collect any payment from a reinsurer or commit the insurer to any claim settlement with a reinsurer, without prior approval of the insurer. If prior approval is given, a report must be promptly forwarded to the insurer; (F) Permit its subproducer to serve on the insurer's board of directors; (G) Jointly employ an individual who is employed with the insurer; or (H) Appoint a substitute managing general agent. 33-47-5. (a) The insurer shall have on file an independent financial examination, in a form acceptable to the Commissioner, of each managing general agent with which it has done business. (b) If a managing general agent establishes loss reserves, the insurer shall annually ob tain the opinion of an actuary attesting to the adequacy of loss reserves established for losses incurred and outstanding on business produced by the managing general agent. This is in addition to any other required loss reserve certification. (c) The insurer shall periodically and at least semiannually conduct an on-site review of the underwriting and claims processing operations of the managing general agent. (d) Binding authority for all reinsurance contracts or participation in insurance or rein surance syndicates shall rest with an officer of the insurer, who shall not be affiliated with the managing general agent. (e) Within 30 days of entering into or termination of a contract with a managing general agent, the insurer shall provide written notification of such appointment or termination to the Commissioner. Notices of appointment of a managing general agent shall include a statement of duties which the applicant is expected to perform on behalf of the insurer, the lines of insurance for which the applicant is to be authorized to act, and any other informa tion the Commissioner may request. (f) An insurer shall review its books and records each quarter to determine if any pro ducer has become, by operation of paragraph (2) of Code Section 33-47-2, a managing gen eral agent. If the insurer determines that a producer has become a managing general agent, the insurer shall promptly notify the producer and the Commissioner of such determination and the insurer and producer must fully comply with the provisions of this chapter within 30 days of such determination. (g) An insurer shall not appoint to its board of directors an officer, director, employee, subproducer, or controlling shareholder of its managing general agents. This subsection shall not apply to relationships governed by Chapter 13 of this title or, if applicable, Chapter 48 of this title. 33-47-6. The acts of the managing general agent are considered to be the acts of the insurer on whose behalf it is acting. A managing general agent may be examined as if it were the insurer. 33-47-7. (a) If the Commissioner finds, after a hearing conducted in accordance with Chapter 2 of this title, that any person has violated any provision of this chapter, the Com missioner may order: (1) For each separate violation, a penalty in an amount not to exceed $10,000.00; 1024 JOURNAL OP THE SENATE (2) Revocation or suspension of the producer's license; and (3) The managing general agent to reimburse the insurer or the rehabilitator or liquida tor of the insurer for any losses incurred by the insurer caused by a violation of this chapter committed by the managing general agent. (b) The decision, determination, or order of the Commissioner pursuant to subsection (a) of this Code section shall be subject to judicial review as provided in Chapter 2 of this title. (c) Nothing contained in this Code section shall affect the right of the Commissioner to impose any other penalties provided for in this title. (d) Nothing contained in this chapter is intended to or shall in any manner limit or restrict the rights of policyholders, claimants, and auditors. CHAPTER 48 33-48-1. This chapter shall be known and may be cited as the 'Business Transacted with Producer Controlled Property and Casualty Insurer Act.' 33-48-2. As used in this chapter, the term: (1) 'Control' or 'controlled' means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract other than a contract for goods or nonmanagement services, or otherwise. Control shall be presumed to exist if any person, directly or indirectly, owns, controls, holds with the powers to vote, or holds proxies representing a majority of the outstanding voting securities of any other person. No person shall be deemed to control another person solely by reason of being an officer or director of such other person. (2) 'Independent casualty actuary' means a casualty actuary who is a member of the American Academy of Actuaries and who is not affilated with; an employee, principal, or direct or indirect owner of; or in any way controlled by the insurer or producer. (3) 'Licensed property and casualty insurer' or 'insurer' means any person, firm, associa tion, or corporation duly licensed to transact a property and casualty insurance business in this state and which issues policies covered by Chapter 36 of this title. The following, inter alia, are not licensed property and casualty insurers for the purposes of this chapter; (A) All nonadmitted insurers; (B) All risk retention groups as defined in the Superfund Amendments Reauthorization Act of 1986, P. L. No. 99-499, 100 Stat. 1613 (1986) and the Risk Retention Act, 15 U.S.C. Section 3901 et seq. (1982 & Supp. 1986) and Chapter 40 of this title; (C) All residual market pools and joint underwriting authorities or associations; and (D) All captive insurers as defined in Chapter 41 of this title. (4) 'Producer' means an insurance agent or broker or agents or brokers or any other person, firm, association, or corporation, when, for any compensation, commission, or other thing of value, such person, firm, association, or corporation acts or aids in any manner in soliciting, negotiating, or procuring the making of any insurance contract on behalf of an insured other than himself or itself. (5) 'Reinsurance intermediary' means any person, firm, association, or corporation who acts as a producer in soliciting, negotiating, or procuring the making of any reinsurance contract or binder on behalf of a ceding insurer or acts as a producer in accepting any reinsurance contract or binder on behalf of an assuming insurer. (6) 'Violation' means, for purposes of this chapter, a finding by the Commissioner that: (A) The controlling producer did not materially comply with Code Section 33-48-3; (B) The controlled insurer, with respect to business placed by the controlling producer, MONDAY, FEBRUARY 25, 1991 1025 engaged in a pattern of charging premiums that were lower than those being charged by such insurer or other insurers for similar risks written during the same period and placed by noncontrolling producers. When determining whether premiums were lower than those pre vailing in the market, the Commissioner shall take into consideration applicable industry or actuarial standards at the time the business was written; (C) The controlling producer failed to maintain records, sufficient: (i) To demonstrate that such producer's dealings with its controlled insurer were fair and equitable and in compliance with Chapter 13 of this title; (ii) To accurately disclose the nature and details of its transactions with the controlled insurer, including such information as is necessary to support the charges or fees to the respective parties; (D) The controlled insurer, with respect to business placed by the controlling producer, either failed to establish or deviated from its underwriting producers; (E) The controlled insurer's capitalization at the time the business was placed by the controlling producer and with respect to such business was not in compliance with criteria established by the Commissioner of this title; or (F) The controlling producer or the controlled insurer failed to comply substantially with Chapter 13 of this title and any rules and regulations promulgated by the Commis sioner pursuant to such chapter. 33-48-3. (a) No producer which has control of a licensed property and casualty insurer may directly or indirectly place business with such insurer in any transaction in which such producer, at the time the business is placed, is acting as such on behalf of the insured for any compensation, commission, or other thing of value, unless: (1) There is a written contract between the controlling producer and the insurer, which contract has been approved by the board of directors of the insurer; (2) Such producer, prior to the effective date of the policy, shall deliver written notice to the prospective insured disclosing the relationship between such producer and the con trolled insurer. Such disclosure, signed by the insured, shall be retained in the underwriting file until the filing of the report on examination covering the period in which the coverage is in effect. Except that, if the business is placed through a subproducer who is not a control ling producer, the controlling producer shall retain in his records a signed commitment from the subproducer that the subproducer is aware of the relationship between the insurer and the producer and that the subproducer has or will notify the insured; (3) All funds collected for the account of the insurer by the controlling producer must be paid, net of commissions, cancellations, and other adjustments, to the insurer no less often than quarterly; (4) In addition to any other required loss reserve certification, the controlled insurer shall annually, on April 1 of each year, file with the Commissioner an opinion of an indepen dent casualty actuary or other independent loss reserve specialist acceptable to the Commis sioner reporting loss ratios for each line of business written and attesting to the adequacy of loss reserves established for losses incurred, including losses incurred but not reported, and outstanding as of the end of the current year on business placed by such producer; (5) The controlled insurer shall annually report to the Commissioner the amount of commissions paid to such producer, the percentage such amount represents of the net pre miums written, and comparable amounts and percentages paid to noncontrolling producers for placements of the same kinds of insurance; and (6) Every controlled insurer shall have an audit committee of the board of directors composed of independent directors. Prior to approval of the annual financial statement, the audit committee shall meet with management, the insurer's independent certified public accountants, and an independent casualty actuary or other independent loss reserve special ist acceptable to the Commissioner to review the adequacy of the insurer's loss reserves. 1026 JOURNAL OF THE SENATE (b) No reinsurance intermediary which has control of an assuming insurer may directly or indirectly place business with such insurer in any transaction in which such reinsurance intermediary is acting as a broker on behalf of the ceding insurer. No reinsurance intermedi ary which has control of a ceding insurer may directly or indirectly accept business from such insurer in any transaction in which such reinsurance intermediary is acting as a pro ducer on behalf of the assuming insurer. The prohibitions in this subsection shall not apply to a reinsurance intermediary which makes a full and complete written disclosure to the parties of its relationship with the assuming or ceding insurer prior to completion of the transaction. 33-48-4. (a) (1) If the Commissioner has reason to believe that a controlling producer has committed or is committing an act which could be determined to be a violation, as defined in subsection (f) of Code Section 33-48-2, he shall serve upon the controlling pro ducer a statement of the charges and notice of a hearing to be conducted in accordance with Chapter 2 of this title at a time not less than 30 days after the service of the notice and at a place fixed in the notice. (2) At such hearing, the Commissioner must establish that the controlling producer en gaged in a violation, as defined in subsection (f) of Code Section 33-48-2. The controlling producer shall have an opportunity to be heard and to present evidence rebutting the charges and to establish that the insolvency of the controlled insurer arose out of events not attributable to the violation. The decision, determination, or order of the. Commissioner shall be subject to judicial review pursuant to Chapter 2 of this title. (3) Upon the finding, pursuant to the proceeding set forth above that the controlling producer committed a violation, as defined in subsection (f) of Code Section 33-48-2, and the controlling producer failed to establish that such violation did not substantially contrib ute to the insolvency, the controlling producer shall reimburse the Georgia Insurers Insol vency Pool or the Georgia Life and Health Insurance Guaranty Association for all payments made for losses, loss adjustment, and administrative expenses on the business placed by such producer in excess of gross earned premiums and investment income earned on premi ums and loss reserves for such business. (4) Nothing contained in this Code section shall affect the right of the Commissioner to impose any other penalties provided for in this title. (b) Nothing contained in this chapter is intended to or shall in any manner alter or affect the rights of policyholders, claimants, creditors, or other third parties. CHAPTER 49 33-49-1. This chapter shall be known and may be cited as the 'Reinsurance Intermedi ary Act.' 33-49-2. As used in this chapter, the term: (1) 'Actuary' means a person who is a member in good standing of the American Acad emy of Actuaries. (2) 'Controlling person' means any person, firm, association, or corporation who directly or indirectly has the power to direct or cause to be directed the management, control, or activities of the reinsurance intermediary. (3) 'Insurer' means any person, firm, association, or corporation duly licensed in this state pursuant to the applicable provisions of the insurance law as an insurer. (4) 'License producer' means an agent, broker, or reinsurance intermediary licensed pursuant to the applicable provision of this title. (5) 'Qualified United States financial institution' means an institution that: (A) Is organized or, in the case of a United States office of a foreign banking organiza tion, licensed under the laws of the United States or any state thereof; MONDAY, FEBRUARY 25, 1991 1027 (B) Is regulated, supervised, and examined by United States federal or state authorities having regulatory authority over banks and trust companies; and (C) Has been determined by either the Commissioner or the Securities Valuation Office of the National Association of Insurance Commissioners to meet such standards of financial condition and standing as are considered necessary and appropriate to regulate the quality of financial institutions whose letters of credit will be acceptable to the Commissioner. (6) 'Reinsurance intermediary' means a reinsurance intermediary broker or a reinsur ance intermediary manager as these terms are defined in paragraphs (7) and (8) of this Code section. (7) 'Reinsurance intermediary broker' or 'broker' means any person, other than an of ficer or employee of the ceding insurer, firm, association, or corporation who solicits, negoti ates, or places reinsurance cessions or retrocessions on behalf of a ceding insurer without the authority or power to bind reinsurance on behalf of such insurer. (8) 'Reinsurance intermediary manager' or 'manager' means any person, firm, associa tion, or corporation who has authority to bind or manages all or part of the assumed rein surance business of a reinsurer, including the management of a separate division, depart ment, or underwriting office, and acts as an agent for such reinsurer whether known as a reinsurance intermediary manager, manager, or other similar term. Notwithstanding the above, for the purposes of this chapter the following persons shall not be considered as reinsurance intermediary managers with respect to such reinsurer: (A) An employee of the reinsurer; (B) A United States manager of the United States branch of an alien reinsurer; (C) An underwriting manager which, pursuant to contract, manages all the reinsurance operations of the reinsurer, is under common control with the reinsurer, subject to Chapter 13 of this title, and whose compensation is not based on the volume of premiums written; or (D) The manager of a group, association, pool, or organization of insurers which engages in joint underwriting or joint reinsurance and who is subject to examination by the commis sioner of insurance of the state in which the manager's principal business office is located. (9) 'Reinsurer' means any person, firm, association, or corporation duly licensed in this state pursuant to the applicable provisions of this title as an insurer with the authority to assume reinsurance. (10) 'To be in violation' means that the reinsurance intermediary, insurer, or reinsurer for whom the reinsurance intermediary was acting failed to substantially comply with the provisions of this chapter. 33-49-3. (a) No person, firm, association, or corporation shall act as a broker in this state if the broker maintains an office either directly or as a member or employee of a firm or association or as an officer, director, or employee of a corporation: (1) In this state, unless such broker is a licensed producer in this state; or (2) In another state, unless such broker is a licensed producer in this state or another state having a law substantially similar to this law or unless such broker is licensed in this state as a nonresident reinsurance intermediary. (b) No person, firm, association, or corporation shall act as a manager: (1) For a reinsurer domiciled in this state, unless such manager is a licensed producer in this state; (2) In this state, if the manager maintains an office either directly or as a member or employee of a firm or association or as an officer, director, or employee of a corporation in this state, unless such manager is a licensed producer in this state; (3) In another state for a nondomestic insurer, unless such manager is a licensed pro- 1028 JOURNAL OF THE SENATE ducer in this state or another state having a law substantially similar to this law or such person is licensed in this state as a nonresident reinsurance intermediary. (c) The Commissioner may require a manager subject to subsection (b) of this Code section to: (1) File a bond in an amount from an insurer acceptable to the Commissioner for the protection of the reinsurer; and (2) Maintain an errors and omissions policy in an amount acceptable to the Commissioner. (d) (1) The Commissioner may issue a reinsurance intermediary license to any person, firm, association, or corporation who has complied with the requirements of this chapter. Any such license issued to a firm or association will authorize all the members of such firm or association and any designated employees to act as reinsurance intermediaries under the license, and all such authorized persons shall be named in the application and any supple ments thereto. Any such license issued to a corporation shall authorize all of the officers, and any designated employees and directors thereof, to act as reinsurance intermediaries on behalf of such corporation, and all such authorized persons shall be named in the applica tion and any supplements thereto. (2) If the applicant for a reinsurance intermediary license is a nonresident, such appli cant, as a condition precedent to receiving or holding a license, shall designate the Commis sioner as agent for service of process in the manner, and with the same legal effect, provided for by this chapter for designation of service of process upon unauthorized insurers; and also shall furnish the Commissioner with the name and address of a resident of this state upon whom notices or orders of the Commissioner or process affecting such nonresident reinsur ance intermediary may be served. Such licensee shall promptly notify the Commissioner in writing of every change in its designated agent for service of process, and such change shall not become effective until acknowledged by the Commissioner. (e) The Commissioner may refuse to issue a reinsurance intermediary license if in his judgment the applicant; any person named on the application; any member, principal, of ficer, or director of the applicant; or any controlling person of such applicant is not trust worthy to act as a reinsurance intermediary or that any of the foregoing has given cause for revocation or suspension of such license or has failed to comply with any prerequisite for the issuance of such license. Upon written request therefor, the Commissioner will furnish a summary of the basis for refusal to issue a license, which document shall be privileged and not subject to Article 4 of Chapter 18 of Title 50, relating to the inspection of public records. (f) Licensed attorneys at law of this state when acting in their professional capacity as such shall be exempt from this Code section. 33-49-4. Transactions between a broker and the insurer it represents in such capacity shall only be entered into pursuant to a written authorization specifying the responsibilities of each party. The authorization shall, at a minimum, provide that: (1) The insurer may terminate the broker's authority at any time; (2) The broker will render accounts to the insurer accurately detailing all material transactions, including information necessary to support all commissions, charges, and other fees received by or owing to the broker, and remit all funds due to the insurer within 30 days of receipt; (3) All funds collected for the insurer's account will be held by the broker in a fiduciary capacity in a bank which is a qualified United States financial institution; (4) The broker will comply with Code Section 33-49-5; (5) The broker will comply with the written standards established by the insurer for the cession or retrocession of all risks; and MONDAY, FEBRUARY 25, 1991 1029 (6) The broker will disclose to the insurer any relationship with any reinsurer to which business will be ceded or retroceded. 33-49-5. (a) For at least ten years after expiration of each contract of reinsurance trans acted by the broker, the broker will keep a complete record for each transaction showing: (1) The type of contract, limits, underwriting restrictions, classes or risks, and territory; (2) The period of coverage, including effective and expiration dates, cancellation provi sions, and notice required of cancellation; (3) Reporting and settlement requirements of balances; (4) The rate used to compute the reinsurance premium; (5) The names and addresses of assuming reinsurers; (6) Rates of all reinsurance commissions, including the commissions on any retroces sions handled by the broker; (7) Related correspondence and memoranda; (8) Proof of placement; (9) Details regarding retrocessions handled by the broker including the identity of re trocessionaires and the percentage of each contract assumed or ceded; (10) Financial records, including, but not limited to, premium and loss accounts; and (11) When the broker procures a reinsurance contract on behalf of a licensed ceding insurer; (A) Directly from any assuming reinsurer, written evidence that the assuming reinsurer has agreed to assume the risk; or (B) If placed through a representative of the assuming reinsurer, other than an em ployee, written evidence that such reinsurer has delegated binding authority to the representative. (b) The insurer will have access and the right to copy and audit all accounts and records maintained by the broker related to its business in a form usable by the insurer. 33-49-6. (a) An insurer shall not engage the services of any person, firm, association, or corporation to act as a broker on its behalf unless such person is licensed as required by subsection (a) of Code Section 33-49-3. (b) An insurer may not employ an individual who is employed by a broker with which it transacts business unless such broker is under common control with the insurer and subject to Chapter 13 of this title. (c) The insurer shall annually obtain a copy of statements of the financial condition of each broker with which it transacts business. 33-49-7. Transaction between a manager and the reinsurer it represents in such capac ity shall only be entered into pursuant to a written contract, specifying the responsibilities of each party, which shall be approved by the reinsurer's board of directors. At least 30 days before such reinsurer assumes or cedes business through such producer, a true copy of the approved contract shall be filed with the Commissioner for approval. The contract shall, at a minimum, provide that: (1) The reinsurer may terminate the contract for cause upon written notice to the man ager. The reinsurer may immediately suspend the authority of the manager to assume or cede business during the pendency of any dispute regarding the cause for termination; (2) The manager will render accounts to the reinsurer accurately detailing all material transactions, including information necessary to support all commissions, charges, and other fees received by or owing to the manager, and remit all funds due under the contract to the reinsurer on not less than a monthly basis; 1030 JOURNAL OF THE SENATE (3) All funds collected for the reinsurer's account will be held by the manager in a fiduciary capacity in a bank which is a qualified United States financial institution as de fined in paragraph (5) of Code Section 33-49-2. The manager may retain no more than three months' estimated claims payments and allocated loss adjustment expenses. The manager shall maintain a separate bank account for each reinsurer that it represents; (4) For at least ten years after expiration of each contract of reinsurance transacted by the manager, the manager will keep a complete record for each transaction showing: (A) The type of contract, limits, underwriting restrictions, classes or risks, and territory; (B) The period of coverage, including effective and expiration dates, cancellation provi sions and notice required of cancellation, and disposition of outstanding reserves on covered risks; (C) Reporting and settlement requirements of balances; (D) The rate used to compute the reinsurance premium; (E) The names and addresses of reinsurers; (F) Rates of all reinsurance commissions, including the commissions on any retroces sions handled by the manager; (G) Related correspondence and memoranda; (H) Proof of placement; (I) Details regarding retrocessions handled by the manager, as permitted by subsection (d) of Code Section 33-49-9, including the identity of retrocessionaires and the percentage of each contract assumed or ceded; (J) Financial records, including, but not limited to, premium and loss accounts; and (K) When the manager places a reinsurance contract on behalf of a ceding insurer: (i) Directly from any assuming reinsurer, written evidence that the assuming reinsurer has agreed to assume the risk; or (ii) If place through a representative of the assuming reinsurer, other than an employee, written evidence that such reinsurer has delegated binding authority to the representative; (5) The reinsurer will have access and the right to copy all accounts and records main tained by the manager related to its business in a form usable by the reinsurer; (6) The contract cannot be assigned in whole or in part by the manager; (7) The manager will comply with the written underwriting and rating standards estab lished by the insurer for the acceptance, rejection, or cession of all risks; (8) The rates, terms, and purposes of commissions, charges, and other fees which the manager may levy against the reinsurer are set forth; (9) If the contract permits the manager to settle claims on behalf of the reinsurer: (A) All claims will be reported to the reinsurer in a timely manner; (B) A copy of the claim file will be sent to the reinsurer at its request or as soon as it becomes known that the claim: (i) Has the potential to exceed the lesser of an amount determined by the Commis sioner or the limit set by the reinsurer; (ii) Involves a coverage dispute; (iii) May exceed the manager's claims settlement authority; (iv) Is open for more than six months; or (v) Is closed by payment of the lesser of an amount set by the Commissioner or an amount set by the reinsurer; MONDAY, FEBRUARY 25, 1991 1031 (C) All claim files will be the joint property of the reinsurer and manager. However, upon an order of liquidation of the reinsurer such files shall become the sole property of the reinsurer or its estate; the manager shall have reasonable access to and the right to copy the files on a timely basis; and (D) Any settlement authority granted to the manager may be terminated for cause upon the reinsurer's written notice to the manager or upon the termination of the contract. The reinsurer may suspend the settlement authority during the pendency of the dispute regarding the cause of termination; (10) If the contract provides for a sharing of interim profits by the manager, that such interim profits will not be paid until one year after the end of each underwriting period for property business and five years after the end of each underwriting period for casualty busi ness or a later period set by the Commissioner for specified lines of insurance and not until the adequacy of reserves on remaining claims has been verified pursuant to subsection (c) of Code Section 33-49-9; (11) The manager will annually provide the reinsurer with a statement of its financial condition prepared by an independent certified accountant; (12) The reinsurer shall periodically and at least semi-annually conduct an on-site re view of the underwriting and claims processing operations of the manager; (13) The manager will disclose to the reinsurer any relationship it has with any insurer prior to ceding or assuming any business with such insurer pursuant to this contract; and (14) Within the scope of its actual or apparent authority the acts of the manager shall be deemed to be the acts of the reinsurer on whose behalf it is acting. 33-49-8. The manager shall not: (1) Cede retrocessions on behalf of the reinsurer, except that the manager may cede facultative retrocessions pursuant to obligatory facultative agreements if the contract with the reinsurer contains reinsurance underwriting guidelines for such retrocessions. Such guidelines shall include a list of reinsurers with which such automatic agreements are in effect, and for each such reinsurer, the coverages and amounts or percentages that may be reinsured, and commission schedules; (2) Commit the reinsurer to participate in reinsurance syndicates; (3) Appoint any producer without assuring that the producer is lawfully licensed to transact the type of reinsurance for which he is appointed; (4) Without prior approval of the reinsurer, pay or commit the reinsurer to pay a claim, net of retrocessions, that exceeds the lesser of an amount specified by the reinsurer or 1 percent of the reinsurer's policy holder's surplus as of December 31 of the last complete calendar year; (5) Collect any payment from a retrocessionaire or commit the reinsurer to any claim settlement with a retrocessionaire, without prior approval of the reinsurer. If prior approval is given, a report must be promptly forwarded to the reinsurer; (6) Jointly employ an individual who is employed by the reinsurer unless such manager is under common control with the reinsurer subject to Chapter 13 of this title; or (7) Appoint a submanager. 33-49-9. (a) A reinsurer shall not engage the services of any person, firm, association, or corporation to act as a manager on its behalf unless such person is licensed as required by subsection (b) of Code Section 33-49-3. (b) The reinsurer shall annually obtain a copy of statements of the financial condition of each manager which such reinsurer has engaged prepared by an independent certified accountant in a form acceptable to the Commissioner. (c) If a manager establishes loss reserves, the reinsurer shall annually obtain the opin- 1032 JOURNAL OF THE SENATE ion of an actuary attesting to the adequacy of loss reserves established for losses incurred and outstanding on business produced by the manager. This opinion shall be in addition to any other required loss reserve certification. (d) Binding authority for all retrocessional contracts or participation in reinsurance syndicates shall rest with an officer of the reinsurer who shall not be affiliated with the manager. (e) Within 30 days of termination of a contract with a manager, the reinsurer shall provide written notification of such termination to the Commissioner. (f) A reinsurer shall not appoint to its board of directors, any officer, director, employee, controlling shareholder, or subproducer of its manager. This subsection shall not apply to relationships governed by Chapter 13 or Chapter 48 of this title. 33-49-10. (a) A reinsurance intermediary shall be subject to examination by the Com missioner. The Commissioner shall have access to all books, bank accounts, and records of the reinsurance intermediary in a form usable to the Commissioner. (b) A manager may be examined as if it were the reinsurer. 33-49-11. (a) A reinsurance intermediary, insurer, or reinsurer found by the Commis sioner, after a hearing conducted in accordance with Chapter 2 of this title, to be in viola tion of any provision of this chapter, shall: (1) For each separate violation, pay a penalty in an amount not exceeding $10,000.00; (2) Be subject to revocation or suspension of its license; and (3) If a violation was committed by the reinsurance intermediary, such reinsurance in termediary shall make restitution to the insurer, reinsurer, rehabilitator, or liquidator of the insurer or reinsurer for the net losses incurred by the insurer or reinsurer attributable to such violation. (b) The decision, determination, or order of the Commissioner pursuant to subsection (a) of this Code section shall be subject to judicial review pursuant to Chapter 2 of this title. (c) Nothing contained in this section shall affect the right of the Commissioner to im pose any other penalties provided in this title. (d) Nothing contained in this chapter is intended to or shall in any manner limit or restrict the rights of policyholders, claimants, creditors, or other third parties or confer any rights to such persons." Section 7. (a) This Act shall become effective on July 1, 1991. (b) Section 2 of this Act shall apply to all reinsurance cessions after July 1, 1991, which have had an inception, anniversary, or renewal date not less than six months after July 1, 1991. (c) Sections 3 and 4 of this Act shall apply to transactions between affiliates or subsidi aries taking place on or after July 1, 1991. (d) Section 6 of this Act shall become effective on July 1, 1991; provided, however, that persons required to be licensed under Section 6 shall have until January 1, 1992, to procure such license. Section 8. 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: MONDAY, FEBRUARY 25, 1991 1033 Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Gillis Hammill Harris Hasty Henson Hil1 Clay CCoollleimnsan Dawkins Deal Dean Edge Egan English Foster Garner Huggms JKoihdndson Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Rav Robinson gSthaurmr ake S,-,,tem. b, erg *a , lavlor Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Echols Scott Thompson On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. SB 351. By Senators White of the 48th, Albert of the 23rd, Perry of the 7th and others: A bill 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 provide for issu ance of a special and distinctive license plate for active duty or retired members of the armed forces of the United States; to provide for fees; to provide for a minimum number of applications; to provide for application procedures; to pro vide for transfer and renewals. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd 1034 JOURNAL OF THE SENATE Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Not voting were Senators Garner and Taylor. On the passage of the bill, the yeas were 54, nays 0. The bill, having received the requisite constitutional majority, was passed. The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption: SR 30. By Senators Broun of the 46th and Starr of the 44th: A resolution creating the University System Laboratory, Equipment, Rehabilita tion Technology, and Eminent Scholars Endowment Study Committee. The Senate Committee on Rules offered the following amendment: Amend SR 30 by striking from line 8 of page 2 the following: "eight", and inserting in its place the following: "six". By adding on line 1 of page 3 after the word "committees" and before the period the following: "but shall receive the same for not more than ten days unless additional days are authorized". 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 adoption of the resolution as amended, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan English Foster Gillis Hammill Harris Hasty Henson Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Shumake Starr Steinberg Tate MONDAY, FEBRUARY 25, 1991 1035 Thompson Timmons Turner Tysinger White Those not voting were Senators: Deal (excused conferee) Perdue Garner (excused conferee) Phillips Hill Scott Taylor Walker of 22nd Walker of 43rd On the adoption of the resolution, the yeas were 47, nays 0. The resolution, having received the requisite constitutional majority, was adopted as amended. The following general resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption: SR 146. By Senators Hammill of the 3rd, English of the 21st, Walker of the 22nd and Ray of the 19th: A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for the Technology Related Assistance Trust Fund for Individuals with Disabilities by providing for additional penalties or fees in certain cases in any court in this state in which a person is adjudged guilty of such an offense against the criminal or traffic laws of this state or an ordinance of a political subdivision of this state; to authorize the appropriation of funds for the purposes of such fund; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA; Section 1. Article III, Section IX, Paragraph VI of the Constitution is amended by re- designating 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 the Technology Related Assistance Trust Fund for Individuals with Disabilities by provid ing for additional penalties or fees in certain cases in any court in this state in which a person is adjudged guilty of such an offense against the criminal or traffic laws of this state or an ordinance of a political subdivision of this state. 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 appropri ated funds." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "[ ] YES [ ] NO Shall the Constitution be amended so as to authorize the General Assembly to provide by general law for the Technology Related Assistance Trust Fund for Individuals with Disabilities by providing for additional penalties or fees in certain cases in any court in this state in which a person is ad judged guilty of such an offense against the criminal or traffic laws of this state or an ordinance of a political subdivision of this state?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote 1036 JOURNAL OF THE SENATE ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. 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 Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate Taylor Thompson Turner Tysinger White Those not voting were Senators: Phillips Timmons Walker of 22nd Walker of 43rd On the adoption of the resolution, the yeas were 52, nays 0. The resolution having received the requisite two-thirds constitutional majority, was adopted. Senator Coleman of the 1st introduced Honorable Lindsay Thomas, U.S. Representa tive from Georgia's First Congressional District, who briefly addressed the Senate. The following general resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption: SR 149. By Senators Pollard of the 24th, Foster of the 50th and Edge of the 28th: A resolution creating the Joint Study Committee on Teachers' Accumulated Sick Leave. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: MONDAY, FEBRUARY 25, 1991 1037 Those voting in the affirmative were Senators: Albert Baldwin Bishop Bowen Broun Burton Clay /C-i oIlThns DDeaawl kins Dean Echols Edge Egan English Foster Gillis Hammill Harris Henson Hill Hooks Huggms Johnson iKfidi di LMaanrgafbolred Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shnmakp oSntaururianc 0St, ei.nb, erg Taylor Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Voting in the negative was Senator Hasty. Those not voting were Senators: Alien Coleman Garner Tate Thompson On the adoption of the resolution, the yeas were 50, nays 1. The resolution, having received the requisite constitutional majority, was adopted. The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption: SR 153. By Senators Edge of the 28th, Robinson of the 16th, Deal of the 49th and others: A resolution creating the Senate Water Allocation 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 Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd 1038 JOURNAL OF THE SENATE Ray Robinson Starr Steinberg Taylor Timmons Turner Tysinger Walker of 43rd White Those not voting were Senators: Garner Ramsey Scott Shumake Tate Thompson Walker of 22nd On the adoption of the resolution, the yeas were 49, 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 268. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Hamilton of the 124th: A bill to amend Chapter 7 of Title 28 of the Official Code of Georgia Annotated, relating to lobbying and representation by agents in the General Assembly, so as to require persons representing departments, boards, agencies, associations, com missions, councils, and other entities of state government to register with the Secretary of State. Senate Sponsor: Senator Taylor of the 12th. Senator Deal of the 49th offered the following amendment: Amend HB 268 by striking all the language from line 33 of page 3 and inserting in lieu thereof the following: "information upon the specific request of a member of the General". By striking on line 1 of page 4 the words "or to" and inserting in lieu thereof the following: "or of. On the adoption of the amendment, the yeas were 30, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Gillis Hammill Harris Hasty Hill Hooks Huggins Johnson Kidd Langford MONDAY, FEBRUARY 25, 1991 1039 Marable Moye Newbill Olmstead Perdue Perry Phillips Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Shumake Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Alien Garner Henson Pollard Scott 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 548. By Representative Lane of the 27th: A bill to amend Article 2 of Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to the acquisition, construction, and maintenance of airports and landing fields by counties and municipalities, so as to prohibit the acquisi tion of property by condemnation outside the territorial boundaries of the county or municipality for a certain period of time. Senate Sponsor: Senator Deal of the 49th. Senator Shumake of the 39th offered the following amendment: Amend HB 548 by renumbering Sections 3 and 4 as Sections 4 and 5; and by adding a new Section 3 to read as follows: "The provisions of this Act shall not apply to Hartsfield International Airport."; and by adding on page 1, line 8, after "date" and before "to", "to provide exceptions;". Senator Dean of the 31st moved the previous question. On the motion, the yeas were 42, nays 0; the motion prevailed, and the previous ques tion was ordered. On the adoption of the amendment, the yeas were 3, nays 42, 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 Bowen Broun Burton Coleman Collins Dawkins Deal Dean Echols Edge English Foster Garner Hammill Harris Hill 1040 JOURNAL OF THE SENATE Hooks Huggins Johnson Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd "* Rfly Robinson Scott Starr Steinberg Taylor Thompson Timmons Jurner Tysmger Walker of 22nd Walker of 43rd White Those voting in the negative were Senators: Alien Bishop Clay Egan Shumake Tate Those not voting were Senators: Gillis Hasty Henson Olmstead On the passage of the bill, the yeas were 46, nays 6. The bill, having received the requisite consitutional majority, was passed. Senator Robinson of the 16th moved that the following bill of the Senate, having been passed by substitute previously today, be immediately transmitted to the House: SB 347. By Senators Robinson of the 16th and Pollard of the 24th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to enhance the financial regulatory capabilities of the Commissioner of Insurance; to provide for insurer statement filings with the National Association of Insurance Commissioner; to provide for limited im munity in the use of information; to provide for confidentiality; to provide sanc tions; to establish methods of allowance of credit for reinsurance. On the motion, the yeas were 38, nays 1; the motion prevailed, and SB 347 was immedi ately transmitted to the House. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: HB 582. By Representative Smyre of the 92nd: A bill to amend Code Section 20-3-250.3 of the Official Code of Georgia Anno tated, relating to exemptions from the "Nonpublic Postsecondary Educational Institutions Act of 1990," so as to exempt certain nonpublic medical schools from the application of such Act. Senate Sponsor: Senator Broun of the 46th. The Senate Committee on Higher Education offered the following substitute to HB 582: A BILL To be entitled an Act to amend Code Section 20-3-250.3 of the Official Code of Georgia Annotated, relating to exemptions from the "Nonpublic Postsecondary Educational Institu tions Act of 1990," so as to exempt certain nonpublic medical schools from the application of such Act; to repeal conflicting laws; and for other purposes. MONDAY, FEBRUARY 25, 1991 1041 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 20-3-250.3 of the Official Code of Georgia Annotated, relating to exemptions from the "Nonpublic Postsecondary Educational Institutions Act of 1990," is amended by striking paragraphs (12) and (13) of subsection (a) and inserting in lieu thereof new paragraphs (12), (13), and (14) to read as follows: "(12) Subject to the requirements of subsection (c) of Code Section 20-3-250.6, any liberal arts college or university whose principal office and campus are located 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 accredited by a regional or national accrediting agency recognized by the United States Department of Education; (13) Any institution offering only education or training in income tax theory or income tax return preparation when the total contract price for such education or training does not exceed $400.00, provided that the total charges incurred by any student for all instruction, other than instruction which is solely avocational or recreational in nature as provided in paragraph (3) of this subsection, do not exceed $400.00 in any one calendar year; and (14) Any nonpublic medical school accredited by the Liaison Committee on Medical Education and the Southern Association of Colleges and Schools." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 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 Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Hammill Harris Hill Hooks Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Gillis Hasty Henson Huggins 1042 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. The following general bill of the House, 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: HB 173. By Representatives Lee of the 72nd, Groover of the 99th and Walker of the 115th: A bill to amend Article 2 of Chapter 3 of Title 28 of the Official Code of Georgia Annotated, relating to the Secretary of the Senate and the Clerk of the House of Representatives, so as to change provisions relating to succession to the office of Clerk of the House. Senate Sponsor: Senator Dean of the 31st. The substitute to HB 173 offered by Senators Deal of the 49th, Garner of the 30th and Dean of the 31st, as it appears in the Journal of February 20, was automatically reconsid ered and put upon its adoption. 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 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 Alien Baldwin Bishop Bowen Burton lay Coleman Collins DDeaawl kins Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Hill Hooks Hugg^ Johnson Kidd LMaanrgafbolred Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake T,ayl,or Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Broun Henson Steinberg On the passge of the bill, the yeas were 53, nays 0. MONDAY, FEBRUARY 25, 1991 1043 The bill, having received the requisite constitutional majority, was passed by substitute. The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage: HB 351. By Representative Watson of the 114th: A bill to amend Code Section 43-3-6 of the Official Code of Georgia Annotated, relating to requirements for the certificate of "certified public accountant," so as to change the educational requirements. Senate Sponsor: Senator Walker of the 43rd. The report of the committee, which was favorable to the passge of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Garner Hammill Harris Hasty Hill Hooks Clay CCoollelimnsan Dawkins Deal Dean Echols Edge Egan English Foster Johnson KLaidndgford Marable Move Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Sg,humake ,,S,tei.nb, erg ate Tavlor Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Gillis Henson Thompson On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 343. By Representative Lawson of the 9th: 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 for workers' compensation, so as to authorize independent school systems of municipalities to participate in a group self-insurance fund comprised of municipalities. 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: 1044 JOURNAL OF THE SENATE Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Hamrnill Harris Hasty Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd White Those not voting were Senators: Broun Gillis Henson Walker of 43rd On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 589. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and others: A bill to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to transfer from the State Board of Education, Georgia Depart ment of Education, and State School Superintendent and to the Professional Standards Commission and executive secretary thereof certain functions relating to the certification of school personnel. 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 Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Hammill Harris Hasty Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue MONDAY, FEBRUARY 25, 1991 1045 Perry Phillips Pollard Ragan of 10th Raganof32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate Taylor Thompson Timmons Tumpr *. lysmger Walker of 43rd White Those not voting were Senators: Gillis Henson Walker of 22nd On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 480. By Representative Bostick of the 138th: A bill to amend Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, so as to change the amount of certain au thorized service charges with respect to selling certain tickets or other evidences of right of entry. Senate Sponsor: Senator Edge of the 28th. The Senate Committee on Special Judiciary offered the following substitute to HB 480: A BILL To be entitled an Act to amend Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, so as to change the amount of certain authorized service charges with respect to selling certain tickets or other evidences of right of entry; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, is amended by striking Code Section 10-1-310, relating to the unlawful scalping of tickets for certain athletic contests, and inserting in its place a new Code Section 10-1-310 to read as follows: "10-1-310. It shall be unlawful for any person to sell or offer for sale any ticket of admission or other evidence of the right of entry to any football game, basketball game, baseball game, soccer game, hockey game, or tennis or golf tournament for a price in excess of the price printed on the ticket; provided, however, that a service charge may be charged when tickets or other evidences of the right of entry are sold by an authorized ticket agent through places of established business licensed to do business by the municipality or county, where applicable, in which such places of business are located. " Section 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: 1046 JOURNAL OF THE SENATE Those voting in the affirmative were Senators: Albert Baldwin Bishop Bowen Broun urton CDCrr; ooa,,,wllyeh.kmnisnans Dean Echols Edge English Garner Hammill Harris Hasty Hill Hooks Huggins JTKo^ih-dJndJson Langford Marable Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson TSoS*cht,aoortmrt pson Timmons Turner Tysinger Walker of 43rd White Those voting in the negative were Senators: Deal Foster Newbill Shumake Steinberg Tate Taylor Those not voting were Senators: Alien Egan Gillis Henson Moye Walker of 22nd On the passage of the bill, the yeas were 43, nays 7. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Shumake of the 39th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing HB 480. The President announced that the Senate would stand in recess from 1:03 o'clock P.M. until 2:30 o'clock P.M. At 2:30 P.M., the President called the Senate to order. The following general bills and resolution of the House, favorably reported by the com mittees, were read the third time and put upon their passage: HB 93. By Representative Smith of the 78th: A bill to amend Code Section 48-5-18 of the Official Code of Georgia Annotated, relating to time for making tax returns, so as to provide for dates for opening and closing books for the return of taxes. Senate Sponsor: Senator Collins of the 17th: The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Alien Baldwin Bishop Burton Clay Collins MONDAY, FEBRUARY 25, 1991 1047 Dawkins Deal Egan Garner Gillis Hammill Harris Hasty Henson Hill Huggins Kidd Marable Moye Newbill Olmstead Perdue Phillips Pollard Ragan of 10th Ragan of 32nd Ray Robinson Scott Shumake Starr Steinberg Tate Thompson Timmons Tysinger Walker of 43rd White Those not voting were Senators: Albert Bowen CBoroleumn an Dean Echols Edge English FHoosotkesr Johnson Langford Perry Ramsey Tlayl,or Turner Walker of 22nd On the passage of the bill, the yeas were 39, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 313. By Representative Campbell of the 23rd: A bill to amend Code Section 36-32-21 of the Official Code of Georgia Annotated, relating to definitions of terms used in Article 2 of Chapter 32 of Title 36, known as "The Georgia Municipal Courts Training Council Act," so as to change the definition of the term "certified municipal judge". Senate Sponsors: Senators Edge of the 28th and 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: Alien Baldwin Bishop Burton Clay Collins Dawkins Deal Dean Echols Egan English Garner Gillis Harris Hill Huggins Johnson Kidd Marable Newbill Olmstead Perdue Pollard Ragan of 10th Ragan of 32nd Ray Robinson Scott Shumake Starr Steinberg Tate Taylor Thompson Timmons Tysinger Walker of 43rd White Those not voting were Senators: Albert Bowen Broun Coleman Edge Foster 1048 JOURNAL OF THE SENATE Hammill Hasty Henson Hooks Langford Moye Perry Phillips Ramsey Turner Walker of 22nd On the passage of the bill, the yeas were 39, nays 0. The bill, having received the requisite constitutional majority, was passed. HR 162. By Representatives Connell of the 87th and Murphy of the 18th: A resolution naming the "Steve Polk Plaza". Senate Sponsor: Senator Kidd of the 25th. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Broun Burton Hammill Harris Hasty Henson Hill Hooks C,, oa2lh. ns Dawkins Dean Echols Egan English Garner Gillis HT u,g66gins Johnson Kidd Marable Moye Newbill Olmstead Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ray Robinson Scott SQ h, umake Starr Steinberg Taylor Thompson Timmons Tysinger Walker of 43rd White Those not voting were Senators: Bowen Coleman Edge Foster Langford Phillips Ramsey Tate Turner Walker of 22nd On the adoption of the resolution, the yeas were 46, nays 0. The resolution, having received the requisite constitutional majority, was adopted. HB 149. By Representative Barnett of the 59th: A bill to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, so as to prohibit operation of a radio, stereo, or other sound-making device from a motor vehicle at a level that is audi ble at a distance of 100 feet or more. Senate Sponsor: Senator Collins of the 17th. Senators Alien of the 2nd and Bishop of the 15th offered the following amendment: MONDAY, FEBRUARY 25, 1991 1049 Amend HB 149 by striking paragraph "(2)", line 22-24, page 1. 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 Alien Bishop Bowen Broun ^urton PCCoo,llylejmnsan Bchols Edge Egan English Foster Garner Gillis Henson Hill Hooks Huggins KLaidndgford. Move Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ray Robinson Scott SStteamr. rberg Taylor Thompson Timmons Tysinger White Those voting in the negative were Senators: Baldwin Dawkins Deal Dean Harris Hasty Johnson Marable Shumake Tate Walker of 22nd Walker of 43rd Those not voting were Senators: Hammill Ragan of 32nd Ramsey Turner On the passage of the bill, the yeas were 40, nays 12. The bill, having received the requisite constitutional majority, was passed as amended. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has adopted the report of the Committee of Conference on the following bill of the House: HB 284. By Representatives Murphy of the 18th, Coleman of the 118th, Walker of the 115th, Porter of the 119th, Jamieson of the llth and others: A bill to amend an Act providing appropriations for the State Fiscal Year 19901991 known as the "General Appropriations Act", so as to change certain appro priations for the State Fiscal Year 1990-1991. 1050 JOURNAL OF THE SENATE The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon: HB 284. By Representatives Murphy of the 18th, Coleman of the 118th, Walker of the 115th and others: A bill to amend an Act providing appropriations for the State Fiscal Year 19901991 known as the "General Appropriations Act", so as to change certain Appro priations for the State Fiscal Year 1990-1991. The Conference Committee report on HB 284 was as follows: The Committee of Conference on HB 284 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to HB 284 be adopted. Respectfully Submitted, FOR THE SENATE: /s/ C. Donald Johnson, Jr. Senator, 47th District /s/ J. Nathan Deal Senator, 49th District /s/ Wayne Garner Senator, 30th District FOR THE HOUSE OF REPRESENTATIVES: /s/ Terry L. Coleman Representative, 118th District /s/ Larry Walker Representative, 115th District /s/ Thomas B. Buck, III Representative, 95th District Conference Committee substitute to HB 284: A BILL To be entitled an Act to amend an Act providing appropriations for the State Fiscal Year 1990-1991 known as the "General Appropriations Act", approved April 17, 1990 (Ga. L. 1990, p. 2338), as amended, so as to change certain appropriations for the State Fiscal Year 1990-1991; to make language and other changes; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing appropriations for the State Fiscal Year 1990-1991, as amended, known as the "General Appropriations Act" approved April 17, 1990 (Ga. L. 1990, p. 2338), is further amended by striking everything following the enacting clause through Section 83, expressly preserving section 84, and by substituting in lieu thereof the following: "That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 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, including unappropriated surplus, reserves and a revenue estimate of $7,461,512,616 (includ ing $35,512,616 in the Indigent Trust Fund) for State Fiscal Year 1991. PART I. LEGISLATIVE BRANCH Section 1. Legislative Branch. Budget Unit: Georgia General Assembly .............................................. ..... $22,267,906 Personal Services -- Staff. ....................................... $11,138,327 Personal Services -- Elected . . Officials ....................................................... $3,728,308 MONDAY, FEBRUARY 25, 1991 1051 Regular Operating Expenses .... Travel--Staff ................... Travel--Elected Officials ......... Capital Outlay .................. Equipment ..................... Computer Charges .... Real Estate Rentals ............. Telecommunications ............. Per Diem, Fees and Contracts-- Staff ......................... Per Diem, Fees and Contracts-- Elected Officials............... Photography .................... Expense Reimbursement Account. Total Funds Budgeted ........... State Funds Budgeted ........... Senate Functional Budgets Total Funds Senate and Research Office $ 4,173,328 Lt. Governor's Office $ 603,288 Secretary of the Senate's Office Total $ 1,097,551 $ 5,874,167 House Functional Budgets . Total Funds House of Representatives and Research Office Speaker of the House's Office $ 8,487,097 $ 440,610 Clerk of the House's Office Total $ 1,100,372 $ 10,028,079 Joint Functional Budgets Total Funds Legislative Counsel's Office Legislative Fiscal Office 2,255,972 2,029,059 Legislative Budget Office 842,564 Ancillary Activities Total 1,238,065 6,365,660 $2,286,815 . $104,500 . . . . . $3,500 .... $--0-- . $124,661 . . . $443,554 ... $5,896 . . . $670,000 . . . $193,179 . $2,378,166 $63,000 . $1,128,000 $22,267,906 $22,267,906 State Funds $ 4,173,328 $ 603,288 $ 1,097,551 $ 5,874,167 State Funds $ 8,487,097 $ 440,610 $ 1,100,372 $ 10,028,079 State Funds 2,255,972 2,029,059 842,564 1,238,065 6,365,660 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 1052 JOURNAL OF THE SENATE 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 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 Analyst and for the Legis lative Fiscal Office; for compiling, publishing and distributing the Acts of the General As sembly and the Journals of the Senate and the House of Representatives; for Code Revision; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provi sions of any other law to the contrary notwithstanding, such payments to Presidential Elec tors 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 times and programs for which payments are made from funds appropiated 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 ................................ $15,307,258 Operations Budget: Personal Services................................................ $12,993,660 Regular Operating Expenses......................................... $372,246 Travel ............................................................ $747,777 Motor Vehicle Purchases............................................. $--0-- Equipment .......................................................... $9,500 Per Diem, Fees and Contracts ........................................ $32,500 Real Estate Rentals ................................................ $792,014 Computer Charges ................................................. $267,986 Telecommunications ................................................. $91,575 Total Funds Budgeted ........................................... $15,307,258 State Funds Budgeted ........................................... $15,307,258 PART II. JUDICIAL BRANCH Section 3. Supreme Court. Budget Unit: Supreme Court........................................ $4,532,793 Personal Services................................................. $3,173,893 Operating Expenses .............................................. $1,358,900 Total Funds Budgeted ............................................ $4,532,793 State Funds Budgeted ............................................ $4,532,793 Section 4. Court of Appeals. Budget Unit: Court of Appeals ...................................... $5,696,903 Personal Services................................................. $4,879,449 Operating Expenses ................................................ $817,454 Total Funds Budgeted ............................................ $5,696,903 State Funds Budgeted ........................................ $5,696,903 Section 5. Superior Courts. Budget Unit: Superior Courts ...................................... $41,500,121 Operation of the Courts ......................................... $38,755,818 Prosecuting Attorneys' Council .................................... $1,402,370 MONDAY, FEBRUARY 25, 1991 1053 Sentence Review Panel ............................................. $155,940 Council of Superior Court Judges ..................................................... $97,659 Judicial Administrative Districts....................................................... $1,073,334 Habeas Corpus Clerk ................................................ $15,000 Total Funds Budgeted ........................................... $41,500,121 State Funds Budgeted ........................................... $41,500,121 Section 6. Juvenile Courts. Budget Unit: Juvenile Courts ......................................... $833,373 Section 7. Institute of Continuing Judicial Education. Budget Unit: Institute of Continuing Judicial Education ................................. ........'...... $584,242 Institute's Operations............................................... $453,712 Georgia Magistrate Courts Training Council ................................................. $130,530 Total Funds Budgeted .............................................. $584,242 State Funds Budgeted .............................................. $584,242 Section 8. Judicial Council. Budget Unit: Judicial Council ....................................... $1,965,599 Council Operations ................................................. $894,288 Payments to Judicial Administrative Districts for Case Counting .................................................... $76,500 Board of Court Reporting ............................................ $35,689 Payment to Council of Magistrate Court Judges ..................................................... $26,000 Payment to Council of Probate Court Judges ..................................................... $20,000 Payment to Council of State Court Judges ..................................................... $12,000 Payment to Resource Center ........................................ $240,000 Payment to Computerized Information Network ............................................. $661,122 Total Funds Budgeted ............................................ $1,965,599 State Funds Budgeted ............................................ $1,965,599 Section 9. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications Commission ..................................................... $124,316 Section 10. Indigent Defense Council. Budget Unit: Indigent Defense Council......................................................... $996,945 PART III. EXECUTIVE BRANCH Section 11. Department of Administrative Services. A. Budget Unit: Department of Administrative Services......................................... $38,530,149 Administration and Services Budget: Personal Services................................................ $49,418,885 Regular Operating Expenses...................................... $10,994,340 Travel ............................................................ $323,550 1054 JOURNAL OF THE SENATE Motor Vehicle Purchases....................................... .... $434 500 Equipment ................................................... . . $2,098,708 Computer Charges ............................................ $8,541,664 Real Estate Rentals ........................................... . . $3,704,822 Telecommunications ........................................... . . $1,297,980 Per Diem, Fees and Contracts .................................. $459,800 Rents and Maintenance Expense ............................... $12,918,050 Utilities ...................................................... ... $37,900 Payments to DOAS Fiscal Administration .............................................. $2,000,000 Capital Outlay ................................................ . $362,000 Direct Payments to Georgia Building Authority for Operations ............................ . . $2,267,412 Telephone Billings ............................................ . $38,345,900 Materials for Resale ........................................... $14,600,000 Public Safety Officers Indemnity Fund ............................................ ... $304,400 Health Planning Review Board Operations.................................................. .... $37,600 Georgia Golf Hall of Fame Operations.................................................. . . . . . $23,500 Authorities Liability Reserve Fund ............................................... ..... $--0-- Grants to Counties ............................................ $1,300,000 Grants to Municipalities ....................................... $2,100,000 Total Funds Budgeted ......................................... $151,571,011 State Funds Budgeted .................................. ...... $38,530,149 Department of Administrative Services Functional Budgets State Properties Commission Departmental Administration Treasury and Fiscal Administration Central Supply Administration Procurement Administration General Services Administration Space Mangement Administration Data Processing Services Motor Vehicle Services Communication Services Printing Services Surplus Property Services Mail and Courier Services Risk Management Services Total Total Funds 412,552 4,734,782 $ 12,847,466 14,455,832 2,962,205 912,683 548,193 49,357,384 4,099,033 49,496,178 6,938,867 1,716,067 1,012,865 2,076,904 151,571,011 State Funds 412,552 4,703,581 $ 10,847,466 $ $ 2,962,205 $ --0-- $ 548,193 $ 13,206,152 $ -- 0-- $ 5,850,000 $ -- 0-- $ -- 0-- $ -- 0-- $ -- 0-- $ 38,530,149 B. Budget Unit: Georgia Building Authority ................... $--0-- MONDAY, FEBRUARY 25, 1991 Georgia Building Authority Budget: Personal Services. ............... Regular Operating Expenses...... Travel ......................... Motor Vehicle Purchases......... Equipment ..................... Computer Charges .............. Real Estate Rentals ............. Telecommunications ............. Per Diem, Fees and Contracts . . . . Capital Outlay .................. Utilities ........................ Contractual Expense ............ Fuel ........................... Facilities Renovations and Repairs Total Funds Budgeted ........... State Funds Budgeted ........... Grounds Custodial Maintenance Security Van Pool Sales Administration Railroad Excursions Facility Renovations Total Georgia Building Authority Functional Budgets Total Funds $ 2,018,096 $ 5,249,281 $ 4,935,623 $ 5,402,724 $ 363,301 $ 5,408,063 $ 13,640,758 $ 1,122,466 $ --0-- $ 38,140,312 Section 12. Agency for the Removal of Hazardous Materials. Budget Unit: Agency for the Removal of Hazardous Materials ............... Operations Budget: Personal Services..................... Regular Operating Expenses........... Travel .............................. Motor Vehicle Purchases ............. Equipment Computer Charges ... Real Estate Rentals Telecommunications Per Diem, Fees and Contracts ......... Capital Outlay ....................... Utilities ............................. Total Funds Budgeted ................ State Funds Budgeted ................ Section 13. Department of Agriculture. A. Budget Unit: Department of Agriculture ......................... 1055 $20,842,102 $5,091,403 ... $26,794 . . . $244,000 . $167,706 .... $52,434 .... $17,357 $120,456 . . $146,000 . $3,235,000 . $7,966,638 . . . $230,422 .... $--0-- .... $--0-- $38,140,312 .... $--0-- --0-- $114,641 $3,482,825 $2,829,996 . $460,800 . . $155,245 $199,200 ... $1,000 . . . $--0-- $20,000 $500,000 . . $--0-- . . . $--0-- $7,649,066 $114,641 $34,620,486 1056 JOURNAL OF THE SENATE State Operations Budget: Personal Services. ................................ Regular Operating Expenses....................... Travel .......................................... Motor Vehicle Purchases.......................... Equipment ...................................... Computer Charges ............................... Real Estate Rentals .............................. Telecommunications .............................. Per Diem, Fees, and Contracts .................... Market Bulletin Postage .......................... Payments to Athens and Tifton Veterinary Laboratories ......................... Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, and Statesboro ............... Veterinary Fees .................................. Indemnities...................................... Bee Indemnities. ................................. Advertising Contract ............................. Payments to Georgia Agrirama Development Authority for Operations ........... Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets ............ Capital Outlay ................................... Contract--Federation of Southern Cooperatives .......................... Tick Control Program ............................ Poultry Indemnities .............................. Total Funds Budgeted ............................ State Funds Budgeted ............................ Department of Agriculture Functional Budgets Total Funds Plant Industry $ 5,110,648 Animal Industry $ 6,810,361 Marketing $ 1,951,744 General Field Forces $ 3,723,702 Internal Administration Information and Education $ 4,445,116 $ 1,475,710 Fuel and Measures $ 3,027,459 Consumer Protection Field Forces 6,362,647 Meat Inspection 4,282,923 Major Markets 4,321,193 Seed Technology 417,045 Entomology and Pesticides 2,167,227 Total 44,095,775 B. Budget Unit: Georgia Agrirama Development Authority ....... $30,479,488 . $3,530,183 . . . $930,524 . . . $521,608 .... $90,500 $370,676 . . $731,153 . . $395,000 . $238,461 . $700,000 $2,347,886 . $2,004,106 . $412,000 .... $84,000 ... $60,000 . . $193,000 $560,790 . . . $350,000 .... $--0-- ... $56,400 ... $40,000 .... $--0-- $44,095,775 $34,620,486 State Funds 4,761,648 6,501,361 1,906,940 3,723,702 4,377,319 1,475,710 3,011,872 4,661,287 1,607,132 701,243 --0-- 1,892,272 34,620,486 ..... $--0-- MONDAY, FEBRUARY 25, 1991 1057 Georgia Agrirama Development Authority Budget: Personal Services................................................... $670,499 Regular Operating Expenses......................................... $164,436 Travel .............................................................. $5,450 Motor Vehicle Purchases............................................. $--0-- Equipment .......................................................... $5,494 Computer Charges .................................................. $--0-- Real Estate Rentals ................................................. $--0-- Telecommunications .................................................. $7,933 Per Diem, Fees and Contracts ........................................ $36,167 Capital Outlay ..................................................... $203,300 Goods for Resale .................................................... $95,000 Total Funds Budgeted ............................................ $1,188,279 State Funds Budgeted ............................................... $--0-- Section 14. Department of Banking and Finance. Budget Unit: Department of Banking and Finance .................................................. $6,847,667 Administration and Examination Budget: Personal Services................................................. $5,674,646 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 Total Funds Budgeted ............................................ $6,847,667 State Funds Budgeted ............................................ $6,847,667 Section 15. Department of Community Affairs. Budget Unit: Department of Community Affairs ........................................... $14,906,617 State Operations Budget: Personal Services. ................................................ $5,717,898 Regular Operating Expenses......................................... $281,022 Travel ............................................................ $170,207 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $20,560 Computer Charges ................................................. $123,509 Real Estate Rentals ................................................ $482,916 Telecommunications ................................................. $55,783 Per Diem, Fees and Contracts ....................................... $142,000 Capital Felony Expenses ............................................. $--0-- Contracts with Regional Development Commissions ...................................... $2,467,500 Local Assistance Grants .......................................... $1,371,520 Appalachian Regional Commission Assessment ...................................................... $110,959 Community Development Block Grants (Federal) .............................................. $30,000,000 Music Hall of Fame ................................................. $47,000 Local Development Fund ........................................... $950,000 Payment to Georgia Residential Finance Authority.............................................. $5,000,000 1058 JOURNAL OF THE SENATE Payment to Georgia Environmental Facilities Authority for .................................... Total Funds Budgeted....................................... State Funds Budgeted ....................................... . . . $446,894 $47,387,768 $14,906,617 Department of Community Affairs Functional Budgets Executive and Administrative Technical Assistance Financial Assistance Rural Development Coordinated Planning Total Total Funds 928,202 1,426,506 42,316,019 1,145,021 1,572,020 47,387,768 State Funds 900,702 1,247,487 10,216,100 1,105,021 1,437,307 $ 14,906,617 Section 16. Department of Corrections. A. Budget Unit: Administration, Institutions and Probation ................................................ $437,152,821 Personal Services..................................... $316,056,420 Regular Operating Expenses...................................... $40,081,330 Travel .......................................................... $1,782,416 Motor Vehicle Purchases.......................................... $4,009,000 Equipment .................................................. $4,645,861 Computer Charges ............................................... $2,866,969 Real Estate Rentals .............................................. $4,518,421 Telecommunications .............................................. $3,727,604 Per Diem, Fees and Contracts ..................................... $2,366,202 Capital Outlay ..................................................... $105,000 Utilities ........................................................ $11,550,000 Court Costs........................................................ $433,101 County Subsidy ................................................. $12,775,000 County Subsidy for Jails .......................................... $8,700,000 County Workcamp Construction Grants ........................................................... $--0-- Grants for Local Jails .............................. $--0-- Central Repair Fund ............................................... $783,750 Payments to Central State Hospital for Meals ............................................. $3,652,000 Payments to Central State Hospital for Utilities ........................................... $1,276,000 Payments to Public Safety for Meals........................................................ $438,000 Inmate Release Fund .............................. $1,513,011 Health Services Purchases ....................................... $20,902,736 Payments to MAG for Health Care Certification ................................................. $50,000 University of Georgia--Cooperative Extension Service Contracts ................................................ $325,000 Minor Construction Fund ......................................... $2,000,000 Authority Lease Rentals ............................... $100,000 Total Funds Budgeted .......................................... $444,657,821 Indirect DOAS Funding ............................................ $450,000 Georgia Correctional Industries ....................................... $--0-- State Funds Budgeted .......................................... $437,152,821 MONDAY, FEBRUARY 25, 1991 1059 Administration Institutions and Support Probation Total Departmental Functional Budgets Total Funds $ 53,707,206 $ 313,700,490 $ 77,250,125 $ 444,657,821 State Funds $ 53,209,206 $ 313,353,490 $ 70,590,125 $ 437,152,821 B. Budget Unit: Board of Pardons and Paroles ......................................................... $35,000,340 Board of Pardons and Paroles Budget: Personal Services................................................ $28,064,493 Regular Operating Expenses....................................... $1,157,777 Travel ............................................................ $819,034 Motor Vehicle Purchases............................................ $316,500 Equipment ........................................................ $200,678 Computer Charges ................................................. $444,000 Real Estate Rentals .............................................. $2,151,754 Telecommunications .............................................. $1,031,321 Per Diem, Fees and Contracts ....................................... $627,951 County Jail Subsidy ................................................ $608,000 Health Services Purchases ............................................. $5,000 Total Funds Budgeted ........................................... $35,426,508 State Funds Budgeted ........................................... $35,000,340 Section 17. Department of Defense. Budget Unit: Department of Defense ................................ $8,197,999 Operations Budget: Personal Services................................................. $8,381,101 Regular Operating Expenses....................................... $4,383,508 Travel ............................................................. $73,382 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $41,300 Computer Charges .................................................. $23,125 Real Estate Rentals .................................................. $6,260 Telecommunications ................................................ $144,673 Per Diem, Fees and Contracts ....................................... $212,535 Grants to Locals--Emergency Management Assistance......................................... $1,044,200 Grants--Others ..................................................... $51,000 Civil Air Patrol Contract. ............................................ $38,304 Capital Outlay ....................................................... $5,720 Repairs and Renovations............................................. $20,900 Disaster Relief Payments ........................................ $12,000,000 Total Funds Budgeted ........................................... $26,426,008 State Funds Budgeted ............................................ $8,197,999 Department of Defense Functional Budgets Total Funds State Funds Office of the Adjutant General $ 1,353,518 $ 1,269,207 Georgia Emergency Management Agency $ 15,339,945 $ 4,025,883 Georgia Air National Guard $ 3,482,103 $ 559,533 Georgia Army National Guard $ 6,250,442 $ 2,343,376 1060 JOURNAL OF THE SENATE Total $ 26,426,008 $ 8,197,999 Section 18. State Board of Education-- Department of Education. Budget Unit: Department of Education ................................................. $2,845,332,437 Operations: Personal Services................................................ $42,957,830 Regular Operating Expenses....................................... $4,782,367 Travel .......................................................... $1,576,768 Motor Vehicle Purchases............................................. $--0-- Equipment ........................................................ $467,352 Computer Charges ............................................... $4,270,476 Real Estate Rentals .............................................. $2,580,581 Telecommunications .............................................. $1,546,190 Per Diem, Fees and Contracts .................................... $16,491,404 Utilities ........................................................... $710,604 Capital Outlay ...................................................... $35,000 QBE Formula Grants: Kindergarten/Grade 1--3 ....................................... $709,643,957 Grades 4--8 ................................................... $569,167,468 Grades 9--12 .................................................. $262,559,186 High School Laboratories ........................................ $79,999,286 Vocational Education Laboratories .................................................. $87,709,279 Special Education .............................................. $201,399,631 Gifted.......................................................... $26,831,040 Remedial Education ............................................. $50,972,410 Staff Development and Professional Development ...................................... $22,006,549 Media.......................................................... $76,796,053 Indirect Cost .................................................. $659,154,549 Pupil Transportation ........................................... $115,789,637 Mid-Term Adjustment........................................... $50,844,336 Local Fair Share .............................................. $(517,913,074) Other Categorical Grants: Equalization Formula........................................... $143,513,105 Sparsity Grants .................................................. $3,517,069 In School Suspension ............................................ $15,041,537 Special Instructional Assistance................................... $22,219,966 Middle School Incentive ......................................... $33,204,570 Special Education LowIncidence Grants ................................................. $243,571 Non-QBE Grants: Education of Children of LowIncome Families ............................................. $144,506,506 Retirement (H.B. 272 and H.B. 1321) ....................................... $3,000,000 Instructional Services for the Handicapped .............................................. $27,451,566 Removal of Architectural Barriers .......................................................... $--0-- Tuition for the Multi-Handicapped............................................. $2,300,000 Severely Emotionally Disturbed .................................. $36,736,058 School Lunch (Federal) ......................................... $113,396,789 School Lunch (State) ............................................ $24,601,553 MONDAY, FEBRUARY 25, 1991 1061 Supervision and Assessment of Students and Beginning Teachers and Performance-Based Certification .................... $5,057,263 Regional Education Service Agencies ............................................... $6,786,750 Georgia Learning Resources System ........................................................ $4,514,231 High School Program ............................................ $17,283,398 Special Education in State Institutions .............................................. $3,628,600 Governor's Scholarships............................................. $940,743 Special Projects .................................................. $1,109,408 Job Training Partnership Act ..................................... $3,084,680 Vocational Research and Curriculum ...................................................... $266,540 Salaries and Travel of Public Librarians. ............................................. $10,122,041 Public Library Materials .......................................... $4,267,290 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 Chapter II--Block Grant Flow Through ........................... $10,026,258 Payment of Federal Funds to Board of Technical and Adult Education ........................ $14,101,678 Innovative Programs.............................................. $1,707,789 Technology Grants ................................................. $150,000 Limited English-Speaking Students Program .............................................. $4,237,867 Drug Free School (Federal) ....................................... $9,016,723 Transistion Program for Refugees.................................... $100,000 Emergency Immigrant Education Program......................................................... $100,000 Title II Math/Science Grant (Federal) ........................................................ $345,900 Robert C. Byrd Scholarship (Federal) ........................................................ $216,000 QBE Weights Adjustment............................................ $--0-- Health Insurance--Non-Cert. Personnel and Retired Teachers ................................ $59,583,875 Pre-School Handicapped Program ................................. $1,360,000 Mentor Teachers .................................................... $--0-- Middle School Counselors ......................................... $3,750,002 Total Funds Budgeted ......................................... $3,223,267,386 Indirect DOAS Services Funding ..................................... $--0-- State Funds Budgeted ......................................... $2,845,332,437 Education Functional Budgets Total Funds State Funds State Administration $ 9,552,570 $ 8,937,329 Instructional Programs $ 18,096,325 $ 8,686,221 Governor's Honors Program $ 1,188,775 $ 1,111,479 Administrative Services $ 10,987,669 $ 6,984,786 1062 JOURNAL OF THE SENATE Evaluation and Personnel Development Special Services Professional Standards Commission Professional Practices Commission Local Programs Georgia Academy for the Blind Georgia School for the Deaf Atlanta Area School for the Deaf Total $ 13,591,483 $ 4,303,572 $ 346,465 $ 677,656 $ 3,147,848,814 $ 4,502,034 $ 7,140,493 $ 5,031,530 $ 3,223,267,386 Section 19. Employees' Retirement System. Budget Unit: Employees' Retirement System .................................. Employees' Retirement System Budget: Personal Services............................ Regular Operating Expenses.................. Travel ..................................... Motor Vehicle Purchases..................... Equipment ................................. Computer Charges .......................... Real Estate Rentals ......................... Telecommunications ......................... Per Diem, Fees and Contracts ................ Benefits to Retirees ......................... Employer Contribution ...................... Total Funds Budgeted ....................... State Funds Budgeted ....................... Section 20. Forestry Commission. Budget Unit: Forestry Commission ............. State Operations Budget: Personal Services............................ Regular Operating Expenses.................. Travel ..................................... Motor Vehicle Purchases..................... Equipment ................................. Computer Charges .......................... Real Estate Rentals ......................... Telecommunications ......................... Per Diem, Fees and Contracts ................ Contractual Research ........................ Payments to the University of Georgia, School of Forestry for Forest Research ............ Ware County Grant for Southern Forest World ............................ Ware County Grant for Road Maintenance .............................. Wood Energy Program ..................... Capital Outlay ............................. Total Funds Budgeted ...................... 13,134,675 2,881,852 $ 346,465 $ 677,656 $ 2,787,021,840 $ 4,243,672 $ 6,834,983 $ 4,471,479 $ 2,845,332,437 . $1,367,057 . . . $225,050 $14,000 .... $--0-- ..... $7,000 $290,000 . . $191,000 .... $35,000 . . . $836,250 .... $--0-- .... $--0-- . $2,965,357 .... $--0-- $34,417,892 $29,303,911 $6,000,889 . . $174,520 . . . $618,778 $1,389,191 . $96,083 .... $40,224 . $995,304 . . . $554,485 $236,000 .... $28,200 . $60,000 .... $--0-- .... $--0-- $39,497,585 MONDAY, FEBRUARY 25, 1991 1063 State Funds Budgeted ...................................... Forestry Commission Functional Budgets Total Funds Reforestation $ 4,001,270 Field Services $ 33,007,918 Wood Energy $ ---0-- General Administration and Support $ 2,488,397 Total $ 39,497,585 Section 21. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation ............................................ Operations Budget: Personal Services........................................... Regular Operating Expenses................................. Travel .................................................... Motor Vehicle Purchases.................................... Equipment ................................................ Computer Charges ......................................... Real Estate Rentals ........................................ Telecommunications ........................................ Per Diem, Fees and Contracts ............................... Evidence Purchased ........................................ Capital Outlay ............................................ Total Funds Budgeted ...................................... Total State Funds Budgeted ................................ Georgia Bureau of Investigation Functional Budgets Total Funds Administration 3,092,470 Drug Enforcement 8,418,122 Investigative 11,427,606 Georgia Crime Information Center 6,586,607 Forensic Sciences 6,883,902 Total 36,408,707 Section 22. Office of the Governor. Budget Unit: Office of the Governor Personal Services ............... Regular Operating Expenses...... Travel ......................... Motor Vehicle Purchases......... Equipment ..................... Computer Charges .............. Real Estate Rentals ............. Telecommunications ............. Per Diem, Fees, and Contracts . . Cost of Operations ............... Mansion Allowance .............. Governor's Emergency Fund .... Intern Stipends and Travel ... . . $34,417,892 State Funds i 1,355,270 ! 30,574,225 i --0-- 1 2,488,397 i 34,417,892 . . $36,408,707 . $26,595,362 ... $2,295,807 .... $491,361 . . . . $1,306,418 ..... $520,737 ...... $601,906 . . . . $1,841,500 . . . . $1,871,456 ..... $457,286 ... $420,000 ........ $6,874 . . $36,408,707 . . $36,408,707 State Funds 3,092,470 8,418,122 11,427,606 6,586,607 6,883,902 36,408,707 . $20,102,690 . . $9,573,177 $494,830 $182,329 ..... $--0-- ..... $67,666 .... $252,113 .... $805,769 .... $177,246 $33,094,341 . . $2,831,820 . . . . . $40,000 . . $3,125,000 .... $152,280 1064 JOURNAL OF THE SENATE ;e Funds .......... i-State Funds ...... -- State Funds . - State Funds .... 'und Grants ...... th Grants ......... Juvenile Justice Grants ............. Payments to Ha: rdous Waste Management f ithority ........... Transition Fund Total Funds Budgeted .............. State Funds Budgeted .............. fice of the Governor Functional Budgets Governor's Office Office of Fair Employment Practices Office of Planning and Budget Council for the Arts Office of Consumer Affairs State Energy Office Vocational Education Advisory Council Office of Consumers, Utility Council Criminal Justice Coordinating Council Juvenile Justice Coordinating Council Commission on Children and Youth Human Relations Commisssiion Governor's Commission on Drug Awareness and Preventioan Total Total Funds $ 6,199,100 $ 879,234 $ 4,908,051 $ 3,853,272 $ 2,297,507 $ 33,238,243 $ 332,972 $ 627,027 $ 732,858 $ 1,608,150 $ 359,781 $ 160,045 $ 525,878 $ 55,722,118 Section 23. Department of Human Resources. A. Budget Unit: Departmental Operations ............................ 1. General Administration and Support Budget: Personal Services. ....................... Regular Operating Expenses.............. Travel ................................. Motor Vehicle Purchases................. Equipment ............................. Computer Charges ... Real Estate Rentals ..................... Telecommunications ..................... Per Diem, Fees and Contracts ............ . . . . . $2,825,201 ....... $325,910 .... $47,500 ........ $--0-- ........ $--0-- ........ $95,000 . . . . . $1,349,936 ....... $232,000 $50,000 . . . . $55,722,118 . . . . $20,102,690 State Funds $ 6,199,100 $ 799,234 $ 4,908,051 $ 3,334,272 $ 2,297,507 $ 359,999 $ 132,972 $ 627,027 $ 463,552 $ 461,150 $ 359,781 $ 160,045 $ -- 0-- $ 20,102,690 $520,455,808 $65,739,430 . $3,914,531 . $1,738,450 . $820,148 . . $204,802 $3,028,748 . $5,857,333 . $1,377,453 . $3,372,975 MONDAY, FEBRUARY 25, 1991 1065 Utilities ....................... Postage ....................... Capital Outlay ................. Institutional Repairs and Maintenance ................. Payments to DMA-- Community Care ............. Service Benefits for Children Special Purpose Contracts ...... Purchase of Service Contracts . Total Funds Budgeted .......... Indirect DOAS Services Funding State Funds Budgeted .......... . . . . $390,975 . $1,527,830 ..... $--0-- .... $173,473 . $11,107,637 $13,382,850 .... $334,675 . $36,378,760 $149,350,070 . . . . $638,300 $68,073,809 General Administration and Support Functional Budgets Total Funds State Funds Commissioner's Office $ 787,226 787,226 Administrative Appeals $ 1,818,231 1,818,231 Administrative Policy, Coordination, and Direction Personnel Indirect Cost 349,579 1,823,231 --0-- :$ 349,579 :$ 1,823,231 :$ (7,200,934) Facilities Management Public Affairs 5,204,280 :$ 596,336 $ 3,693,947 596,336 Community/ Intergovernmental Affairs Budget Administration 778,847 $ 1,717,779 $ 778,847 1,717,779 Financial Services 5,412,539 $ 5,212,539 Auditing Services 2,087,547 $ 2,087,547 Special Projects 616,360 $ 616,360 Office of Children and Youth 13,382,850 $ 12,795,132 Planning Councils 553,783 $ 153,822 Community Services Block Grant 8,904,284 $ --0-- Regulatory Services-- Program Direction and Support Child Care Licensing 860,357 $ 2,661,234 $ 850,357 2,661,234 Laboratory Improvement 838,227 $ 494,860 Health Care Facilities Regulation 6,081,656 $ 1,415,779 Radiological Health Fraud and Abuse 329,428 $ 6,191,260 $ 246,928 391,403 Child Support Recovery 31,698,519 $ 4,805,385 Support Services 13,244,160 $ 12,316,515 Aging Services 41,916,599 $ 18,218,948 1066 JOURNAL OF THE SENATE State Health Planning and Development Agency 1,495,758 Total $ 149,350,070 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 ................................................. Crippled Children Clinics ................................. Grants for Regional Intensive Infant Care ................................... Grants for Regional Maternal and Infant Care ............................... Crippled Children Benefits ................................ Kidney Disease Benefits .................................. Cancer Control Benefits .................................. Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants............ Family Planning Benefits ................................. Grant-In-Aid to Counties ................................. Purchase of Service Contracts ............................. Special Purpose Contracts ................................ Total Funds Budgeted .................................... Indirect DOAS Services Funding .......................... State Funds Budgeted .................................... Public Health Functional Budgets Total Funds Director's Office 855,914 Employees' Health 309,015 Health Program Management 1,315,165 Vital Records 1,890,712 Health Services Research 1,035,974 Primary Health Care 1,047,230 Stroke and Heart Attack Prevention 1,985,367 Epidemiology 1,193,047 Immunization 688,337 Sexually Transmitted Diseases Community Tuberculosis Center Family Health Management Infant and Child Health Maternal Health--Perinatal 1,927,417 1,819,163 13,162,551 5,638,233 3,207,808 $ 1,442,758 68,073,809 $51,661,331 $60,108,981 . $1,186,683 .... $--0-- . $115,937 . $579,634 . $1,104,808 $716,884 . $3,466,125 .... $--0-- . . $113,030 . $640,000 ........ $--0-- ... $2,055,000 . . . . . $7,600,000 ....... $381,572 ..... $2,837,470 .... $1,858,000 ....... $515,582 . . $70,042,904 $12,929,928 . . . . . $6,225,350 $224,139,219 ....... $549,718 . . . $127,744,384 State Funds 658,689 244,015 1,230,165 1,718,061 813,156 970,430 1,455,367 847,265 --0-- $ 300,619 $ 1,521,218 $ 7,069,726 $ 4,403,818 $ 666,936 MONDAY, FEBRUARY 25, 1991 1067 Family Planning 10,286,692 Malnutrition 60,865,998 Dental Health 1,740,391 Childrens Medical Services 12,357,161 Chronic Disease 1,327,409 Diabetes 686,517 Cancer Control 4,014,001 Environmental Health 1,333,477 Laboratory Services 5,502,135 Emergency Health 2,991,980 District Health Administration 10,704,549 Newborn Follow-Up Care 974,898 Sickle Cell, Vision and Hearing 3,694,670 High-Risk Pregnant Women and Infants 3,974,324 Grant in Aid to Counties 57,479,391 Community Health Management 491,240 Community Care 3,202,228 AIDS 6,436,225 Total 3. Rehabilitation Services Budget: Personal Services. .............. Regular Operating Expenses . Travel ........................ Motor Vehicle Purchases........ Equipment .................... Computer Charges ............. Real Estate Rentals ............ Telecommunications ............ Per Diem, Fees and Contracts . Utilities ......... ...:!......... Capital Outlay ................. Postage ....................... Institutional Repairs and Maintenance............. Case Services ................ E.S.R.P. Case Services .......... Special Purpose Contracts ...... Purchase of Services Contracts . Total Funds Budgeted .......... Indirect DOAS Services Funding State Funds Budgeted .......... 224,139,219 Rehabilitation Services Functional Budgets Total Funds Program Direction and Support $ 4,062,482 Grants Management $ 1,024,272 6,253,452 1,530,216 10,114,191 1,327,409 686,517 3,898,143 919,705 5,313,408 1,931,480 10,574,874 776,547 $ 3,189,110 3,974,324 50,468,142 408,108 1,238,100 3,241,193 127,744,384 $68,575,270 $10.105,001 . . . $799,782 . . . $115,275 . . . $474,681 . $2,025,090 $3,272,696 . $1,434,453 . $4,575,550 . . . $977,500 .... $--0-- . . . $429,550 . . . . $330,660 $16,292,650 ..... $27,000 $929,640 . $7,619,116 $117,983,914 . . . . $100,000 $24,817,916 State Funds 1,243,795 868,847 1068 JOURNAL OF THE SENATE State Rehabilitation Facilities $ 7,621,581 $ 1,294,708 Roosevelt Warm Springs Institute $ 19,942,394 $ 5,305,124 Georgia Factory for the Blind Disability Adjudication $ 13,272,503 $ $ 25,152,124 $ 765,195 --0-- Production Workshop $ 817,995 $ District Field Services $ 36,984,464 $ 7,651,086 Independent Living $ 548,859 $ 343,859 Sheltered Employment $ 1,645,390 $ 778,452 Community Facilities $ 6,467,165 $ 6,137,165 Bobby Dodd Workshop $ 444,685 $ 429,685 Total $ 117,983,914 $ 24,817,916 4. Family and Children Services Budget: Personal Services. .............. Regular Operating Expenses. Travel ........................ Motor Vehicle Purchases........ Equipment .................... Computer Charges ............. Real Estate Rentals ............ Telecommunications ............ Per Diem, Fees and Contracts . . . Utilities ....................... Postage ....................... Cash Benefits .................. Grants to County DFACS-- Operations................... Service Benefits for Children .... Special Purchase Contracts. ..... Purchase of Service Contracts . . . Children's Trust Fund .......... Total Funds Budgeted.......... Indirect DOAS Services Funding State Funds Budgeted .......... . $14,655,087 . . $1,517,281 ... $409,604 ..... $--0-- .... $56,117 . $15,781,856 ... $242,803 . $1,296,064 $5,729,970 ...... $9,373 $1,701,359 $365,122,429 $222,230,763 $61,964,137 . $3,572,934 . . $2,247,160 $1,179,130 $697,716,067 . . $2,339,882 $299,819,699 Family and Children Services Functional Budgets Refugee Benefits AFDC Payments SSI--Supplemental Benefits Energy Benefits Total Funds $ 1,398,919 $ 354,526,410 $ 100 $ 10,051,000 State Funds --0-- 136,438,948 100 --0-- County DFACS OperationsSocial Services $ 64,671,913 14,865,328 County DFACS OperationsEligibility County DFACS OperationsJoint and Administration $ 99,013,654 $ 47,870,281 49,282,244 23,631,061 MONDAY, FEBRUARY 25, 1991 1069 County DFACS Operations-- Homemakers Services Food Stamp Issuance Director's Office Administrative Support Regional Administration Public Assistance Management Information Systems Social Services Indirect Cost Employability Benefits Legal Services Family Foster Care Institutional Foster Care Specialized Foster Care Adoption Supplement Day Care Home Management--Contracts Outreach -- Contracts Special Projects Program Support County DFACS Operations-- Employability Program Children's Trust Fund Commission 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 .......... $ 7,266,023 $ 2,512,000 $ 821,768 $ 4,630,778 $ 3,992,563 $ 4,831,158 $ 18,647,119 $ 2,825,993 $ -- 0-- $ 2,971,311 $ 1,976,046 $ 26,346,790 $ 3,417,626 $ 1,374,279 $ 4,613,880 $ 23,747,656 $ 145,000 $ 736,032 $ 1,319,763 $ 3,291,983 $ 3,408,892 $ 1,307,130 $ 697,716,067 $ 7,266,023 $ -- 0-- $ 821,768 $ 3,771,485 $ 3,992,563 $ 2,313,519 $ 7,593,519 $ 2,825,993 $ (7,013,128) $ 1,465,696 $ 1,976,046 $ 18,768,142 $ 2,946,000 $ 1,179,601 $ 3,373,991 $ 16,415,983 $ 145,000 $ 736,032 $ 1,297,308 $ 3,135,356 $ 1,283,991 $ 1,307,130 $ 299,819,699 . . $200,631,118 ...... $75,645,794 ...... $4,134,519 ......... $935,423 ......... $851,537 . . . . . $21,415,328 ...... $10,477,640 ....... $4,824,854 ..... $17,144,620 ....... $1,377,848 ....... $3,771,769 .......... $--0-- .......... $--0-- ....... $2,055,000 ... $7,600,000 ......... $640,000 ......... $381,572 ....... $2,837,470 1070 JOURNAL OF THE SENATE Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants .................................................. $1,858,000 Family Planning Benefits ........................................... $512,582 Grant-In-Aid to Counties ........................................ $70,042,904 Payments to DMA--Community Care ............................. $11,107,637 Service Benefits for Children ..................................... $75,346,987 Case Services ................................................... $16,292,650 E.S.R.P Case Services ............................................... $27,000 Cash Benefits .................................................. $365,122,429 Grants for County DFACS-- Operations................................................... $222,230,763 Institutional Repairs and Maintenance................................................. $504,133 Special Purpose Contracts ....................................... $11,062,599 Purchase of Service Contracts .................................... $59,174,964 Children's Trust Fund ............................................ $1,179,130 B. Budget Unit: Community Mental Health/ Mental Retardation Youth Services and Institutions ................................ $506,829,069 Departmental Operations: Personal Services............................................... $401,295,345 Regular Operating Expenses...................................... $37,739,661 Travel .......................................................... $1,147,608 Motor Vehicle Purchases............................................ $221,435 Equipment ...................................................... $1,963,998 Computer Charges ............................................... $4,688,467 Real Estate Rentals .............................................. $1,206,036 Telecommunications .............................................. $3,126,589 Per Diem, Fees and Contracts..................................... $7,215,453 Utilities ........................................................ $13,764,881 Capital Outlay ...................................................... $--0-- Authority Lease Rentals ............................................ $770,000 Institutional Repairs and Maintenance ................................................... $1,689,603 Grants to County-Owned Detention Centers .............................................. $2,623,270 Substance Abuse Community Services ........................................... $45,092,837 Mental Retardation Community Services ........................................... $91,314,665 Mental Health Community Services ........................................... $18,607,105 Community Mental Health Center Services ............................................... $61,226,517 Special Purpose Contract ......................................... $1,515,144 Service Benefits for Children ...................................... $5,590,730 Purchase of Service Contracts ....................................... $588,664 Total Funds Budgeted .......................................... $701,388,008 Indirect DOAS Services Funding .................................. $2,404,100 State Funds Budgeted .......................................... $506,829,069 Community Mental Health/Mental Retardation, Youth Services and Institutional Functional Budgets Total Funds State Funds Southwestern State Hospital $ 40,546,761 $ 25,403,204 MONDAY, FEBRUARY 25, 1991 1071 Georgia Retardation Center Georgia Mental Health Institute Georgia Regional Hospital at Augusta Northwest Regional Hospital at Rome Georgia Regional Hospital at Atlanta Central State Hospital Georgia Regional Hospital at Savannah Gracewood State School and Hospital West Central Georgia Regional Hospital Outdoor Therapeutic Program Mental Health Community Assistance Mental Retardation Community Assistance Developmental Disabilitites 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 $ 31,756,997 $ 13,217,415 $ 31,201,224 $ 26,122,414 $ 23,463,965 $ 20,349,485 $ 29,834,980 $ 22,344,776 $ 30,886,052 $ 22,902,993 $ 134,408,408 $ 84,675,704 $ 25,928,963 $ 21,249,636 $ 47,282,160 $ 23,655,290 $ 23,726,388 $ 18,520,767 $ 3,341,322 $ 2,490,671 $ 9,920,142 $ 9,836,812 $ 4,550,076 $ 2,969,325 $ 996,008 $ -- 0-- $ 69,104,960 $ 41,368,960 $ 18,273,624 $ 18,273,624 $ 691,549 $ 663,084 $ 479,632 $ 479,632 $ 4,670,723 $ 1,452,528 $ 61,226,517 $ 47,796,697 $ 397,124 $ 397,124 $ 1,413,128 $ 1,191,128 $ 274,923 $ 274,923 $ 333,481 $ 333,481 $ 3,876,960 $ 3,876,960 $ 16,828,051 $ 16,828,051 $ 75,773 $ $ 10,566,068 $ 75,773 7,269,310 $ 19,659,650 $ 19,169,650 1072 JOURNAL OF THE SENATE Milledgeville State YDC $ Augusta State YDC $ Atlanta State YDC $ Macon State YDC $ Court Services $ Community Treatment Centers $ Day Centers $ Group Homes $ Purchased Services $ Runaway Investigation/ Interstate Compact $ Assessment and Classification $ Youth Services Administration $ Total $ Section 24. Department of Industry and Trade. Budget Unit: Department of Industry and Trade .............................. State Operations Budget: Personal Services .......................... Regular Operating Expenses ................. Travel .................................... Motor Vehicle Purchases .................... Equipment ................................ Computer Charges ......................... Real Estate Rentals ........................ Telecommunications ........................ Per Diem, Fees and Contracts ............... Local Welcome Center Contracts ............ Advertising and Cooperative Advertising .............................. Georgia Ports Authority Authority Lease Rentals .................. Historic Chattahoochee Commission Contract ..................... Georgia Council for International Visitors ..................... Waterway Development in Georgia ................................. Georgia Music Week Promotion ... Georgia World Congress Center Operating Expenses ...................... Contract--Georgia Association of Broadcasters .......................... Southern Center for International Studies ..................... Capital Outlay ............................. Total Funds Budgeted ...................... State Funds Budgeted ...................... 10,956,059 7,647,101 4,095,009 4,047,608 13,707,081 2,844,463 1,016,627 718,903 7,078,135 727,034 450,390 2,383,989 701,388,008 $ 10,568,206 $ 7,571,658 $ 3,970,286 $ 3,602,880 $ 13,707,081 $ 2,844,463 $ 1,016,627 $ 718,903 $ 6,078,135 $ 727,034 $ 450,390 $ 2,383,989 $ 506,829,069 . . $16,806,179 ... $7,723,943 . . . . $1,381,906 ...... $332,191 ....... $--0-- ....... $31,572 ...... $114,640 ...... $646,358 ...... $210,500 ...... $259,613 ...... $234,800 .... $4,814,110 . . . . $1,785,000 ....... $84,600 ........ $23,500 ........ $47,000 ........ $33,250 ........ $--0-- ........ $49,820 . . $23,500 ....... $--0-- . . . . $17,796,303 . $16,806,179 MONDAY, FEBRUARY 25, 1991 1073 Department of Industry and Trade Functional Budgets Administration Economic Development Tourism Total Total Funds $ 4,489,997 $ 5,356,668 $ 7,949,638 $ 17,796,303 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 ................................ Health Care Utilization Review ............................... Total Funds Budgeted ....................................... State Funds Budgeted ....................................... Department of Insurance Functional Budgets Internal Administration Insurance Regulation Industrial Loans Regulation Fire Safety and Mobile Home Regulations Total Total Funds 2,250,634 6,096,318 626,668 4,960,555 13,934,175 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 .................. Total Funds Budgeted ........... State Funds Budgeted ............ State Funds 3,679,997 5,196,668 7,929,514 16,806,179 . $13,079,103 . $11,333,542 . . . . $563,961 . . . . $551,170 .... $96,000 ..... $78,208 .... $480,405 . . $529,664 ... $249,625 ... $51,600 ... $--0-- $13,934,175 $13,079,103 State Funds 2,250,634 5,951,318 626,668 4,250,483 13,079,103 . . $7,399,923 $62,811,602 . . $5,381,433 . . $1,021,174 ..... $--0-- ... $458,221 $3,566,198 $1,243,596 $1,415,647 $64,634,911 $1,787,506 ..... $--0-- . . $1,774,078 . . $1,143,000 $145,237,366 $7,399,923 1074 JOURNAL OF THE SENATE Department of Labor Functional Budgets Total Funds Executive Offices $ 5,652,020 Administrative Services $ 18,347,911 Employment and Training Services $ 121,237,435 Total $ $145,237,366 Section 27. Department of Law. Budget Unit: Department of Law.............................. Attorney General's Office Budget: Personal Services. ........................................ Regular Operating Expenses............................... Travel .................................................. Motor Vehicle Purchases.................................. Equipment .............................................. Computer Charges ....................................... Real Estate Rentals ...................................... Telecommunications ...................................... Per Diem, Fees and Contracts ............................. Books for State Library................................... Total Funds Budgeted .................................... State Funds Budgeted .................................... Section 28. Department of Medical Assistance. A. Budget Unit: Medicaid Services ............................ Departmental Operations Budget: Personal Services......................................... Regular Operating Expenses............................... Travel .................................................. Motor Vehicle Purchases....... Equipment .............................................. Computer Charges ....................................... Real Estate Rentals ...................................... Telecommunications ...................................... Per Diem, Fees and Contracts ............................. Medicaid Benefits, Penalties and Disallowances ...................................... Payments to Counties for Mental Health ......................................... Audit Contracts.......................................... SFY 1990 Benefits ....................................... Total Funds Budgeted.................................... State Funds Budgeted .................................... Medical Assistance Functional Budgets Total Funds Commissioner's Office $ 7,382,605 Program Management Systems Management $ 37,396,700 $ 17,242,891 Administration Program Integrity $ 2,809,826 $ 4,554,687 Institutional Policy and Reimbursement $ 3,362,392 State Funds 898,387 2,912,431 3,589,105 7,399,923 . . $9,302,692 . . $8,187,485 .... $423,635 .... $131,057 ..... $--0-- .... $11,205 . $223,905 .... $462,241 ..... $98,164 . $265,000 . . . . $110,000 . $9,912,692 . $9,302,692 $701,227,932 $12,868,586 . . . . $524,904 .... $122,670 ..... $--0-- ..... $45,678 $14,951,850 . . . . $935,973 . $389,377 $42,137,563 . $1,875,959,702 $33,630,480 ...... $772,500 . . . $14,711,896 $1,997,051,179 . . $701,227,932 State Funds $ 3,259,934 $ 1,900,123 $ 4,774,290 $ 449,218 $ 1,754,419 $ 1,629,659 MONDAY, FEBRUARY 25, 1991 1075 Benefits, Penalties and Disallowances Total $ 1,924,302,078 $ 1,997,051,179 B. Budget Unit: Indigent Trust Fund ............... Indigent Trust Fund Budget: Per Diem, Fees and Contracts .............. Benefits .................................. Total Funds Budgeted ..................... State Funds Budgeted ..................... Section 29. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel Administration ......................... Departmental Operations Budget: Personal Services .......................... Regular Operating Expenses ................ Travel ................................... Equipment ............................... Computer Charges ........................ Real Estate Rentals ....................... Telecommunications ....................... Per Diem, Fees and Contracts .............. Health Insurance Payments ................ Total Funds Budgeted ..................... Agency Assessments ....................... Employee and Employer Contributions ........................... Deferred Compensation .................... State Funds .............................. Merit System Functional Budgets Total Funds Applicant Services $ 2,734,280 Classification and Compensation $ 1,222,248 Flexible Benefits $ 1,275,376 Employee Training and Development $ 1,336,488 Health Insurance Administration $ 17,762,290 Health Insurance Claims $ 632,365,177 Internal Administration $ 2,641,762 Commissioner's Office $ 1,527,643 Total $ 660,865,264 Section 30. Department of Natural Resources. A. Budget Unit: Department of Natural Resources .............................. Operations Budget: Personal Services ........................ Regular Operating Expenses ............... Travel .................................. Motor Vehicle Purchases .................. $ 687,460,289 $ 701,227,932 . . . . $35,512,616 ....... $721,239 ... $91,351,916 .... $92,073,155 $35,512,616 ........ $--0-- ..... $8,236,268 ..... $1,772,096 ........ $84,509 ........ $52,553 . . . . . $3,022,096 ....... $885,042 ....... $415,177 .... $63,182,877 $583,214,646 $660,865,264 . $9,805,941 $650,823,869 ....... $137,454 . . . $--0-- State Funds $ -- 0-- $ --0-- $ -- 0-- $ -- 0-- $ -- 0-- $ -0-- $ -- 0-- $ --0-- $ -- 0-- . $70,302,446 .... $60,706,524 . . . . $11,290,415 ....... $440,234 . . $1,316,369 1076 JOURNAL OF THE SENATE Equipment ...................................................... $1,356,803 Computer Charges ................................................. $668,896 Real Estate Rentals .............................................. $1,837,353 Telecommunications .............................................. $1,061,588 Per Diem, Fees and Contracts ..................................... $1,300,386 Land and Water Conservation Grants .......................................................... $800,000 Recreation Grants .................................................. $315,000 Contract with U. S. Geological Survey for Ground Water Resources Survey ................................................ $300,000 Contract with U. S. Geological Survey for Topographic Maps ...................................... $--0-- Capital Outlay--Repairs and Maintenance .......................... $2,186,395 Capital Outlay--Shop StockParks ........................................................... $332,780 Capital Outlay--Heritage Trust ..................................... $211,500 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 ......................................... $47,000 Capital Outlay--Heritage Trust--Wildlife Management Area Land Acquisition ............................................ $510,000 Capital Outlay--User Fee Enhancements--Parks .......................................... $1,369,650 Capital Outlay--Buoy Maintenance ...................................................... $20,000 Capital Outlay--Consolidated Maintenance--Game and Fish ...................................... $--0-- Technical Assistance Contract ....................................... $117,500 Capital Outlay ..................................................... $215,500 Contract--Georgia Rural Water Association .................................................. $9,400 Contract--Corps of Engineers (Cold Water Creek St. Park) ...................................... $300,000 Advertising and Promotion .......................................... $142,620 Payments to Georgia Agricultural Exposition Authority ........................................... $2,277,731 Historic Preservation Grant ......................................... $258,500 Environmental Facilities Grant .................................... $3,500,000 Georgia Boxing Commission ........................................... $5,640 Lanier Regional Committee .......................................... $--0-- Georgia State Games Commission..................................... $94,000 Paving at State Parks and Historic Sites .................................................... $475,400 Grant--Chehaw Park Authority ..................................... $187,500 Grant--Zoo Atlanta ................................................ $187,500 Total Funds Budgeted ........................................... $97,231,184 Receipts from Jekyll Island State Park Authority ............................................. $314,594 Receipts from Stone Mountain Memorial Association ........................................... $1,015,000 Indirect DOAS Funding............................................ $200,000 MONDAY, FEBRUARY 25, 1991 1077 State Funds Budgeted ...................................... Department of Natural Resources Functional Budgets Total Funds Internal Administration 8,342,615 Game and Fish 26,589,388 Parks, Recreation and Historic Sites 36,304,286 Environmental Protection 24,235,588 Coastal Resources 1,759,307 Total 97,231,184 ... $70,302,446 State Funds $ 5,864,052 $ 22,540,162 $ 19,797,011 $ 20,431,914 $ 1,669,307 $ 70,302,446 B. Budget Unit: Georgia Agricultural Exposition Authority ........... Operations Budget: Personal Services. .............. Regular Operating Expenses.... Travel ........................ Motor Vehicle Purchases ...... Equipment .................... Computer Charges ............. Real Estate Rentals ............ Telecommunications ............ Per Diem, Fees and Contracts . . . Capital Outlay ................. Total Funds Budgeted .......... State Funds Budgeted ......... Functional Budget Georgia Agricultural Exposition Authority Total Funds 3,409,002 ........ $--0-- $1,425,472 $1,344,116 . . . $24,000 $11,000 $69,088 . . . $27,000 $--0-- . $17,500 . . $490,826 $--0-- $3,409,002 . . . $--0-- State Funds $ --0-- Section 31. Department of Public Safety. A. Budget Unit: Department of Public Safety ........................... 1. Operations Budget: Personal Services. .................. Regular Operating Expenses......... Travel ............................ Motor Vehicle Purchases............ Equipment ........................ Computer Charges ................. Real Estate Rentals ................ Telecommunications ................ Per Diem, Fees and Contracts ....... State Patrol Post Repairs and Maintenance................. Capital Outlay ..................... Total Funds Budgeted .............. Indirect DOAS Service Funding ..... State Funds Budgeted .............. 2. Driver Services Budget: Personal Services. .................. Regular Operating Expenses .... . $82,156,119 . $49,272,743 . . $7,350,589 ... $137,500 . . $2,010,000 ... $733,380 . . $4,786,000 . $40,501 . . . . $979,000 . . . . $180,000 . . $150,000 . $--0-- . $65,639,713 . . $1,650,000 $63,989,713 . $14,157,074 $1,633,808 1078 JOURNAL OF THE SENATE Travel ....................... Motor Vehicle Purchases....... Equipment ................... Computer Charges ............ Real Estate Rentals. Telecommunications ........... Per Diem, Fees and Contracts Capital Outlay ... Conviction Reports ............ Driver License Processing Total Funds Budgeted ......... Indirect DOAS Service Funding State Funds Budgeted ......... Public Safety Functional Budgets Total Funds Administration $ 17,587,312 Driver Services $ 18,166,406 Field Operations $ 48,052,401 Total $ 83,806,119 B. Budget Unit: Units Attached for Administrative Purposes Only 1. Attached Units Budget: Personal Services................ Regular Operating Expenses...... Travel ......................... Motor Vehicle Purchases Equipment ..................... Computer Charges Real Estate Rentals Telecommunications ............. Per Diem, Fees and Contracts Peace Officers Training Grants Capital Outlay Total Funds Budgeted ........... State Funds Budgeted ........... 2. Office of Highway Safety Budget: Personal Services ............... Regular Operating Expenses...... Travel ......................... Motor Vehicle Purchases......... Equipment Computer Charges .............. Real Estate Rentals ............. Telecommunications ............. Per Diem, Fees and Contracts . Highway Safety Grants .......... Total Funds Budgeted ........... State Funds Budgeted ........... Attached Units Functional Budgets Total Funds Office of Highway Safety 4,084,275 .... $37,970 .... $--0-- . . . $138,497 .... $--0-- .... $37,507 $361,600 $88,350 . . $497,500 . . . $232,500 . . . $981,600 $18,166,406 .... $--0-- $18,166,406 State Funds 15,937,312 18,166,406 48,052,401 82,156,119 $14,045,914 . . $7,358,504 .. $2,640,847 .... $124,800 ..... $12,296 .... $137,506 .... $425,776 . . . . . $95,366 . . . . $148,963 .... $884,440 . . $2,758,356 ..... $--0-- . $14,586,854 . $13,723,854 . . $408,874 . . . $28,600 ... $9,828 . . . $--0-- . . . $--0-- $39,185 . . $69,988 $4,000 . $23,800 $3,500,000 $4,084,275 . $322,060 State Funds $ 322,060 MONDAY, FEBRUARY 25, 1991 1079 Georgia Peace Officers Standards and Training Police Academy Fire Academy Georgia Firefighters Standards and Training Council Organized Crime Prevention Council Georgia Public Safety Training Facility Total 4,715,295 1,153,857 1,207,888 420,725 312,095 6,776,994 18,671,129 Section 32. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System ....................................... Departmental Operations Budget: Payments to Employees' Retirement System ........................................ Employer Contributions ..................................... Cola--House Bill 738 ........................................ Total Funds Budgeted ....................................... State Funds Budgeted ....................................... Section 33. Public Service Commission. Budget Unit: Public Service Commission .............................................. Departmental Operations Budget: Personal Services............................................ Regular Operating Expenses.................................. Travel ..................................................... Motor Vehicle Purchases..................................... Equipment ................................................. Computer Charges .......................................... Real Estate Rentals ......................................... Telecommunications ......................................... Per Diem, Fees and Contracts ................................ Total Funds Budgeted ....................................... State Funds Budgeted ....................................... Administration Transportation Utilities Total Public Service Commission Functional Budgets Total Funds $ 1,671,838 $ 3,149,831 $ 4,154,052 $ 8,975,721 Section 34. Board of Regents, University System of Georgia. A. Budget Unit: Resident Instruction ............................. Resident Instruction Budget: Personal Services: Educ., Gen., and Dept. Svcs................................ 4,715,295 1,103,857 1,127,888 420,725 312,095 6,043,994 14,045,914 $9,537,043 $389,043 $8,900,000 . $248,000 $9,537,043 $9,537,043 $7,460,243 $6,467,793 $406,348 $214,381 . . . $47,958 $92,699 $303,673 . $309,828 . $120,716 $1,012,325 $8,975,721 $7,460,243 State Funds 1,671,838 1,792,797 3,995,608 7,460,243 $760,257,799 $821,291,627 1080 JOURNAL OF THE SENATE Sponsored Operations .......................................... $111,964,506 Operating Expenses: Educ., Gen., and Dept Svcs.................................... $220,796,895 Sponsored Operations .......................................... $125,000,000 Special Funding Initiative........................................ $11,250,000 Office of Minority Business Enterprise .............................................. $334,043 Special Desegregation Programs ..................................... $362,495 Forestry Research .................................................. $283,880 Research Consortium ................................................ $96,000 Eminent Scholars Program ........................................... $--0-- Capital Outlay .................................................. $20,035,106 Total Funds Budgeted ......................................... $1,311,414,552 Departmental Income............................................ $32,195,185 Sponsored Income.............................................. $236,964,506 Other Funds ................................................... $278,969,762 Indirect DOAS Services Funding .................................. $3,027,300 State Funds Budgeted .......................................... $760,257,799 B. Budget Unit: Regents Central Office and Other Organized Activities..................................................... $149,599,669 Regents Central Office and Other Organized Activities Budget: Personal Services: Educ., Gen., and Dept. Svcs. .................................. $207,524,492 Sponsored Operations ........................................... $69,551,857 Operating Expenses Educ., Gen., and Dept. Svcs.................................... $97,579,557 Sponsored Operations ........................................... $37,607,630 Fire Ant and Environmental Toxicology Research .............................................. $218,080 Agricultural Research............................................. $1,984,703 Advanced Technology Development Center............................................ $1,406,386 Capitation Contracts for Family Practice Residency ...................................... $2,607,781 Residency Capitation Grants ...................................... $2,425,058 Student Preceptorships ............................................. $148,520 Center for Rehabilitation Technology .................................................... $1,398,649 SREB Payments ....................................... $8,742,031 Medical Scholarships ............................................... $958,027 Regents Opportunity Grants ........................................ $564,000 Regents Scholarships ............................................... $188,000 Rental Payments to Georgia Military College .................................................. $861,415 CRT Inc. Contract at Georgia Tech Research Institute ................................................ $198,340 Direct Payments to the Georgia Public Telecommunications Commission for Operations...................................... $7,637,904 Total Funds Budgeted .......................................... $441,602,430 Departmental Income............................................. $3,087,700 Sponsored Income.............................................. $107,915,122 Other Funds ................................................... $180,444,239 Indirect DOAS Services Funding .................................... $555,700 State Funds Budgeted .......................................... $149,599,669 MONDAY, FEBRUARY 25, 1991 1081 Regents Central Office and Other Organized Activities Functional Budgets Total Funds State Funds Marine Resources Extension Center $ 1,721,972 $ 1,184,539 Skidaway Institute of Oceanography Marine Institute $ 3,691,331 $ 1,504,907 $ 1,431,905 $ 981,178 Georgia Tech Research Institute $ 126,215,095 $ 13,003,069 Education Extension Services $ 5,847,259 $ 2,086,574 Agricultural Experiment Station $ 50,372,176 $ 33,705,056 Cooperative Extension Service $ 49,447,695 $ 33,013,733 Eugene Talmadge Memorial Hospital $ 162,937,227 $ 30,660,825 Veterinary Medicine Experiment Station $ 2,904,029 $ 2,904,029 Veterinary Medicine Teaching Hospital $ 2,354,694 $ 502,839 Joint Board of Family Practice $ 5,842,920 $ 5,842,920 Georgia Radiation Therapy Center $ 2,000,764 $ -- 0-- Athens and Tifton Veterinary Laboratories $ 2,581,503 $ 62,842 Regents Central Office $ 24,253,860 $ 24,147,158 Total $ 441,602,430 $ 149,599,669 C. Budget Unit: Georgia Public Telecommunications Commission .......................... Public Telecommunications Commission Budget: Personal Services ..................... Operating Expenses .................. Total Funds Budgeted ................ Other Funds ......................... State Funds Budgeted ................ ..... $--0-- $6,059,354 $7,663,636 . . . $13,722,990 $13,722,990 ....... $--0-- Section 35. Department of Revenue. Budget Unit: Department of Revenue ... Operations Budget: Personal Services ..................... Regular Operating Expenses ........... Travel .............................. Motor Vehicle Purchases .............. Equipment .......................... Computer Charges ................... Real Estate Rentals .................. $74,090,987 . $47,865,032 $4,057,203 .... $1,410,700 . $114,200 ...... $510,825 .... $8,855,547 $3,531,465 1082 JOURNAL OF THE SENATE Telecommunications .............................................. $1,073,738 Per Diem, Fees and Contracts ....................................... $279,910 County Tax Officials/Retirement and FICA ..................................................... $3,358,285 Grants to Counties/Appraisal Staff .......................................................... $1,430,000 Motor Vehicle Tags and Decals.................................... $2,443,822 Postage ......................................................... $3,005,260 Total Funds Budgeted ........................................... $77,935,987 Indirect DOAS Services Funding $3,845,000 State Funds Budgeted ........................................... $74,090,987 Department of Revenue Functional Budgets otal Funds Departmental Administration $ 6,859,300 Internal Administration $ 11,035,505 Electronic Data Processing $ 5,242,659 Field Services $ 16,335,794 Income Tax Unit $ 7,993,928 Motor Vehicle Unit $ 15,625,921 Central Audit Unit $ 6,218,172 Property Tax Unit $ 4,352,498 Sales Tax Unit $ 4,272,210 Total $ 77,935,987 State Funds $ 6,859,300 $ 10,835,505 $ 5,024,659 $ 16,035,794 $ 7,036,928 $ 13,993,921 $ 6,218,172 $ 4,271,498 $ 3,815,210 $ 74,090,987 Section 36. Secretary of State. Budget Unit: Secretary of State .................................... $21,319,794 Personal Services................................................ $15,117,291 Regular Operating Expenses....................................... $1,971,289 Travel ............................................................ $224,800 Motor Vehicle Purchases............................................. $28,500 Equipment ......................................................... $85,621 Computer Charges ................................................. $811,611 Real Estate Rentals .............................................. $2,272,731 Telecommunications ................................................ $300,095 Per Diem, Fees and Contracts ....................................... $617,856 Election Expenses .................................................. $400,000 Total Funds Budgeted ........................................... $21,829,794 State Funds Budgeted ........................................... $21,319,794 Secretary of State Functional Budgets Total Funds Internal Administration 3,168,091 Archives and Records 4,705,501 Business Services and Regulation 4,285,836 Elections and Campaign Disclosure 1,134,684 Drugs and Narcotics 993,329 State Ethics Commission 195,879 Occupational Certification 7,346,474 State Funds $ 3,018,091 $ 4,630,501 $ 4,190,836 $ 1,098,684 $ 939,329 $ 195,879 $ 7,246,474 MONDAY, FEBRUARY 25, 1991 1083 Total $ 21,829,794 B. Budget Unit: Real Estate Commission Real Estate Commission Budget: Personal Services .................. Regular Operating Expenses Travel ............................ Motor Vehicle Purchases ........... Equipment ........................ Computer Charges ................. Real Estate Rentals ................ Telecommunications ................ Per Diem, Fees and Contracts Total Funds Budgeted .............. State Funds Budgeted Real Estate Commission Functional Budget Real Estate Commission State Funds $ 1,798,104 Section 37. Soil and Water Conservation Commission. Budget Unit: Soil and Water Conservation Commission .................... Soil and Water Conservation Budget: Personal Services. .............................. Regular Operating Expenses..................... Travel ........................................ Motor Vehicle Purchases........................ Equipment .................................... Computer Charges ............................. Real Estate Rentals ............................ Telecommunications ............................ Per Diem, Fees and Contracts ................... County Conservation Grants .................... Total Funds Budgeted .......................... State Funds Budgeted .......................... Section 38. Student Finance Commission. Budget Unit: Student Finance Commission ................................. Administration Budget: Personal Services............................... Regular Operating Expenses..................... Travel ........................................ Motor Vehicle Purchases Equipment .................................... Computer Charges ............................. Telecommunications ............................ Per Diem, Fees and Contracts ................... Payment of Interest and Fees ................... Guaranteed Educational Loans Tuition Equalization Grants..................... Student Incentive Grants ....................... Law Enforcement Personnel Dependents' Grants $ 21,319,794 $1,798,104 $1,001,146 . . $152,894 . . . $13,500 $19,000 . . . $17,800 . . $317,859 . . $117,855 . . . $23,150 $134,900 $1,798,104 $1,798,104 Cost of Operations 1,838,104 . $1,867,155 . . . $898,376 . . . $111,003 .... $63,305 .... $10,450 .... $17,705 .... $5,600 .... $50,405 .... $19,220 . . . $442,420 . $586,396 . $2,204,880 . $1,867,155 $22,744,254 . $4,345,854 . . . $388,001 .... $68,800 .... $12,000 .... $32,100 . . . $364,668 . . $133,900 .... $22,257 . . . $381,625 $4,210,000 $14,630,888 $4,724,401 .... $38,000 1084 JOURNAL OF THE SENATE North Georgia College ROTC Grants.............................................. Osteopathic Medical Loans.................................... Georgia Military Scholarship Grants .................................................... Paul Douglas Teacher Scholarship Loans.......................................... Total Funds Budgeted........................................ State Funds Budgeted ........................................ Georgia Student Finance Commission Functional Budgets Total Funds Internal Administration $ 5,268,249 Higher Education Assistance Corporation $ 381,625 Georgia Student Finance Authority $ 24,776,244 Georgia Public Postsecondary Education Commission $ 99,331 Total $ 30,525,449 Section 39. Teachers' Retirement System. Budget Unit: Teachers' Retirement System ........................... Departmental Operations Budget: Personal Services .................... Regular Operating Expenses........... Travel .............................. Equipment .......................... Computer Charges ................... Real Estate Rentals .................. Telecommunications .................. Per Diem, Fees and Contracts ....... Cost-of-Living Increases for Local Retirement System Members ........ Floor Fund for Local Retirement Systems ......... Post Retirement Benefit Increases for Retirees ............... Total Funds Budgeted ................ State Funds Budgeted ................ Section 40. Department of Technical and Adult Education. Budget Unit: Department of Technical and Adult Education ............. Department of Technical and Adult Education Budget: Personal Services. ................... Regular Operating Expenses ......... Travel ............................. Motor Vehicle Purchases............. Equipment ......................... Computer Charges .................. Real Estate Rentals ................. Telecommunications ................. $104,500 $162,000 $462,030 . . $444,425 $30,525,449 $22,744,254 State Funds --0-- 381,625 22,263,298 99,331 22,744,254 . . $3,550,000 $3,068,965 . $307,000 . $26,000 . . . . $9,000 $1,119,000 $301,000 . $114,000 . $339,000 $2,850,000 $700,000 . , . $--0-- $8,833,965 $3,550,000 $127,838,855 $4,063,262 $340,242 . . $128,000 . . . $--0-- $12,413 $609,851 $476,004 . $142,000 MONDAY, FEBRUARY 25, 1991 1085 Per Diem, Fees and Contracts ...... Personal Services--Institutions ... Operating Expenses--Institutions . . . Capital Outlay .................... Quick Start Program ....... Area School Program .............. Regents Program.................. Adult Literacy Grants Total Funds Budgeted ............. State Funds Budgeted ............. . . $1,285,672 . $84,668,734 $18,993,302 ..... $--0-- . . $5,878,282 . $25,254,051 $2,766,092 .. $7,473,805 $152,091,710 $127,838,855 Functional Budgets Administration Institutional Programs Total Total Funds 7,057,444 145,034,266 152,091,710 StateFunds $ 5,931,388 $ 121,907,467 $ 127,838,855 Section 41. Department of Transportation. Budget Unit: Department of Transportation ........................................ ...... $500,037,860 For Public Roads and Bridges, for Grants to Counties for Road Construction and Maintenance, and for other transportation activities. Departmental Operations Budget: Personal Services. ........................................... $231,855,595 Regular Operating Expenses.................................. $54,819,088 Travel ...................................................... . $1,818,531 Motor Vehicle Purchases..................................... . . $1,008,025 Equipment ................................................. $4,756,595 Computer Charges .......................................... $4,644,100 Real Estate Rentals ......................................... . $1,356,023 Telecommunications ......................................... . $2,000,716 Per Diem, Fees and Contracts ................................ .. $8,428,297 Capital Outlay .............................................. $624,698,178 Grants to Counties .......................................... . . $4,658,507 Grants to Municipalities ..................................... $4,658,500 Capital Outlay--Airport Approach Aid and Operational Improvements . $1,058,242 Capital Outlay--Airport Development.............................................. . . $1,000,000 Mass Transit Grants ........................................ . . $8,509,511 Savannah Harbor Maintenance Payments ................................................ . $1,083,000 Spoilage Area Acquisition, Clearing, Preparation and Dike Reconstruction ....................................... ..... $--0-- G.O. Debt Sinking Fund .......'. . $10,640,000 G.O. Debt Sinking Fund- Designated Special Use .................................... $2,555,000 Guaranteed Revenue Debt Common Reserve Fund ............................................. $9,600,000 Total Funds Budgeted ....................................... $979,147,908 State Funds Budgeted ....................................... $500,037,860 Department of Transportation Functional Budgets Motor Fuel Tax Budget Planning and Construction Total Funds $ 694,181,944 State Funds 236,074,966 1086 JOURNAL OF THE SENATE Maintenance and Betterments Facilities and Equipment Assistance to Counties Administration Paving at State and Local Schools and State Institutions Total $ 228,966,161 $ 8,444,767 $ 4,658,507 $ 22,504,214 $ 234,226 $ 958,989,819 $ 217,499,581 $ 7,807,732 $ 4,658,507 $ 21,959,214 $ 234,226 $ 488,234,226 General Funds Budget Grants to Municipalities Paving at State and Local Schools and State Institutions Air Transportation Inter-Modal Transfer Facilities Harbor Maintenance Activities Total Total Funds $ 4,658,500 $ --0-- $ 1,709,654 $ 12,706,935 $ 1,083,000 $ 20,158,089 State Funds $ 4,658,500 $ --0-- $ 1,209,654 $ 4,852,480 $ 1,083,000 $ 11,803,634 Provided further, that from the amount equal to all money derived from motor fuel taxes for the preceding fiscal year, there is appropriated the sum of $9,600,000 for payment into the "State of Georgia Guaranteed Revenue Debt Common Reserve Fund". The purpose of this appropriation is to authorize the guarantee by the State of an issue of revenue obli gations of the State Tollway Authority for the Georgia 400 tollway in Fulton County. The maximum principal amount of the specific issue shall not exceed $97,550,000; the amount of the highest annual debt service shall not exceed the amount of this appropriation, and the maximum maturities of the issue shall not exceed two hundred forty months. The General Assembly has determined that the obligations of the issue will be self-liquidating over the life of the issue. Section 42. Department of Veterans Service. Budget Unit: Department of Veterans Service ............................ Departmental Operations Budget: Personal Service ...................... Regular Operating Expenses............ Travel ............................... Motor Vehicle Purchases............... Equipment ........................... Computer Charges .................... Real Estate Rentals ................... Telecommunications ................... Per Diem, Fees and Contracts Capital Outlay Operating Expense/Payments to Central State Hospital Operating Expense/Payments to Medical College of Georgia ........... Regular Operating Expenses for Projects and Insurance Total Funds Budgeted ................. State Funds Budgeted ................. $21,650,108 $4,726,825 $115,252 .... $65,456 .... $--0-- ..... $9,420 . . . . $13,812 . . . $226,748 $60,000 $20,100 .... $--0-- $15,291,530 $5,894,509 $199,580 $26,623,232 $21,650,108 MONDAY, FEBRUARY 25, 1991 1087 Veterans Service Functional Budgets Veterans Assistance Veterans Home and Nursing Facility--Milledgeville Veterans Nursing Home--Augusta Total Total Funds $ 5,237,613 15,457,110 5,928,509 26,623,232 State Funds $ 5,010,143 $ 12,140,348 $ 4,499,617 $ 21,650,108 Section 43. Workers' Compensation Board. Budget Unit: Workers' Compensation Board ........................... Operations Budget: Personal Services.................... Regular Operating Expenses ......... Travel ............................. Motor Vehicle Purchases............. Equipment ................. Computer Charges .................. Real Estate Rentals ................. Telecommunications ................. Per Diem, Fees and Contracts ........ Geogia Crime Victims Assistance Program.......................... Total Funds Budgeted ............... State Funds Budgeted ..... $8,604,783 $6,882,241 . . $317,375 . . . $79,850 . . $--0-- .... $4,330 . . $226,400 . . $861,177 . . $109,660 . . $115,500 .. $108,250 $8,704,783 $8,604,783 Section 44. State of Georgia General Obligation Debt Sinking Fund. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued) ........................ ......... $297,592,064 State of Georgia General Obligation Debt Sinking Fund (New) .......................... ........ $31,039,525 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. 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 1088 JOURNAL OF THE SENATE 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 13, Department of Agriculture. Provided that of the appropriation to the Department of Agriculture, $80,000 is desig nated and committed for youth programs and activities. Section 52. 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 $1,612.50. 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 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 Regional Development Commission Area served, subject to the provisions that each RESA has implemented the State Board of Edu cation's policy concerning the composition of the Board of Control of each RESA, has im plemented the uniform statewide needs program, and has the commitments of each antici- MONDAY, FEBRUARY 25, 1991 1089 pated member system to contribute at least the same equivalent amount during SPY 1991 that it contributed during SFY 1990. It is intended that the electronic student information system is a component of the statewide comprehensive electronic information network required by Section 20-2-320 of the Quality Basic Education Act and funds appropriated for the student information system and the electronic information network are considered to be for the same purpose. 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 53. Provisons Relative to Section 19, Employees Retirement System. The Employees Retirement System is authorized to increase the employer contribution rate by thirty-one one-hundredths of one percent of salaries to fund the following: 1.) A special cost-of-living increase in retirement benefits, effective July 1, 1990, to par tially offset the taxation of such benefits as provided by HB 1-EX enacted at the September 1989 Extraordinary Session of the General Assembly as authorized by HB 738 enacted at the 1990 Regular Session of the General Assembly. 2.) A one and one-half percent cost-of-living increase effective July 1, 1990. 3.) A one and one-half percent cost-of-living increase effective January 1, 1991. Section 54. 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 minimun, 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. Provided, that Central State Hospital is authorized to utilize surplus funds, not to ex ceed $497,500, for replacement of TV distribution lines in the Department of Veterans Ser vice facilities, the Department of Corrections 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. Provided, that of the above appropriations relative to the treatment of Hemophilia and its complications, these funds may be used directly or indirectly via the purchase of insur ance, whichever is less, to treat this disease. 1090 JOURNAL OF THE SENATE The Department is authorized to utilize troubled children's benefits to expand commu nity placements in order to secure additional federal Medicaid dollars. Provided, however, that of the appropriation to the object class "Grants to County DFACS--Operations" $400,000 in state funds is designated and committed for hiring addi tional eligibility workers, using temporary employees where feasible. Section 55. 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 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%) for the first three quarters of the fiscal year, and shall not exceed seven and three-tenths per cent (7.3%) for the final quarter of the fiscal year. 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 $258,500 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. 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. Provided, that of the appropriation relating to the Department of Public Safety, Budget Unit "B", the Office of Planning and Budget is authorized and directed to transfer five training positions and operating costs associated with those positions from the Georgia Pub lic Safety Training Center to the Georgia Police Academy. Provided, it is the intent of this General Assembly that the Department of Public Safety not purchase any site for a commercial drivers license facility prior to obtaining an acceptable environmental impact study and a satisfactory compaction report. Section 59. Provisions Relative to Section 34, Board of Regents, University System of Georgia. MONDAY, FEBRUARY 25, 1991 1091 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 Technical and Adult 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 re funds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 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. h.) Income derived from the sale of intermodal aircraft may be retained to finance the expansion of the state aircraft facility at Charlie Brown Airport, provided further, income derived from leasing department owned aircraft facilities may be retained for use in the department's aviation program. It is the further intent of this General Assembly that of the $488,234,226 of motor fuel tax appropriated in this act, $40,000,000 is designated and committed for the Local Assis tance Road Program. It is the intent of this General Assembly that of the $488,234,226 of motor fuel tax appropriated in this act, $3,000,000 is authorized for initial design of a re placement of the Sidney Lanier Bridge in Glynn County, Georgia. 1092 JOURNAL OF THE SENATE Section 62. In addition to all other appropriations for the State fiscal year ending June 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 the State mental health/mental re tardation institutions ($8,400,000 Budget Unit "B") in the Department of Human Re sources; and there is hereby appropriated $10,000,000 for the purpose of providing funds for the operation 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 Administrative Services from agency fund collections. Section 63. Appropriations to the object class "Authority Lease Rentals" shall be used entirely for payment to debt sinking funds, and no funds shall be withdrawn from debt sinking funds except for the purpose of paying principal, interest and trustees fees, or for transfer to another sinking fund. Section 64. Each State agency utilizing xerographic reproducing equipment shall main tain a log for each unit of equipment indicating the date, number of copies and such other data determined to be appropriate to control the utilization of such equipment. Each State agency shall also implement procedures to control usage of long distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefore. Section 65. Each and every agency, board, commission, and authority receiving appro priations in this Act shall procure and utilize only the most economical and cost effective motor vehicles suitable for the purpose and shall develop and enforce stringent regulations relating to the use of motor vehicles owned, leased, or rented by the State, including provi sions that employees authorized to utilize State vehicles for commuting to and from work shall not use State vehicles except for official State business. Except as otherwise specifically authorized by this body, utilization of State motor vehicles for commuting to and from work should only be authorized in rare and unusual circumstances requiring frequent and regular use of such State vehicle in official State business under conditions precluding obtaining a State vehicle from a State facility in a normal manner. The State Auditor shall make the utilization of motor vehicles, xerographic equipment and telephonic equipment a matter of special interest in future audits to insure strict com pliance with the intent of this General Assembly. Section 66. To the extent to which Federal funds become available in amounts in excess 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. A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title MONDAY, FEBRUARY 25, 1991 1093 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contrac tor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees. Section 67. Bach agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine ex penditures as contemplated in this Appropriations Act. Section 68. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law. Section 69. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds. Section 70. No State funds in this appropriation shall be paid to or on behalf of Georgia Indigent Legal Services or its affiliates, nor shall any State facilities be made available for their use, including but not limited to the Georgia Interactive Statewide Telecommunica tions Network either directly or indirectly. Section 71. In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby appropriated paya ble to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or ap propriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the depart ment, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations. Section 72. (a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recom mendations contained in the Budget Report submitted to the General Assembly at the 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- 1094 JOURNAL OF THE SENATE mon object class are authorized. However, the total expenditure for the group may not ex ceed the sum of the stated amounts for the separate object classes of the group. (b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administra tion of the annual operating budget. Section 73. Wherever in this Act the terms "Budget Unit Object Classes" or "Combined Object Classes For Section" are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classi fication shown in the Governor's Budget Report. For budget units within the Legislative Branch, all transfers shall require prior ap proval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Func tional Budget or the House Functional Budget. Section 74. There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailiable for expediture unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act. Section 75. Provisions Relative to Section 44, State of Georgia General Obligation Debt Sinking Fund. With regard to the appropriations in Section 44 for "State of Georgia General Obliga tion Debt Sinking Fund (New)," the maximum maturities, user agencies and user authori ties, purposes, maximum principal amounts and appropriations of highest annual debt ser vice requirements of the new debt are specified as follows: Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $96,500 is specifically appropriated for the purpose of financing facilities of Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, struc tures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $965,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hun dred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $600,000 is specifically appropriated for the purpose of financing facilities for the Department of Corrections, by means of the acquisition, con struction, development, extension, enlargement, and improvement of land, property, build ings, structures, equipment and facilities, both real and personal, necessary or useful in con nection therewith, through the issuance of not more that $6,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $202,500 is specifically appropriated for the purpose of financing facilities for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more that $2,025,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $745,000 is specifically appropriated for the purpose MONDAY, FEBRUARY 25, 1991 1095 of financing facilities of Georgia Building Authority, by means of the acquisition, construc tion, development, extension, enlargement, and improvement of land, property, buildings, strutures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,450,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hun dred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $150,000 is specifically appropriated for the purpose of financing facilities for the Department of Corrections, by means of the acquisition, con struction, development, extension, enlargement, and improvement of land, property, build ings, structures, equipment and facilities, both real and personal, necessary or useful in con nection therewith, through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $7,500,000 is specifically appropriated for the purpose of financing George L. Smith II Georgia World Congress Center facilities for the Depart ment of Industry and Trade, by means of the acquisition, construction, development, exten sion, enlargement, improvement of land, property, buildings, structures, equipment and fa cilities, through the issuance of not more than $75,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hun dred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $150,000 is specifically appropriated for the purpose of financing facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, developoment, extension, enlargement, and improve ment of land, property, buildings, structures, equipment and facilities, both real and per sonal, necessary or useful in connection therewith, through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $250,000 is specifically appropriated for the purpose of financing facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, and improve ment of land, property, buildings, structures, equipment and facilities, both real and per sonal, necessary or useful in connection therewith, through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $12,555,500 is specifically appropriated for the pur pose of financing a program of Developmental Highways and four-lane and passing-lane construction for the Department of Transportation, by means of the acquisition, construc tion, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connec tion therewith, through the issuance of not more than $125,555,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $125,000 is specifically appropriated for the purpose of financing facilities for the Department of Agriculture, by means of the acquisition, con struction, development, extension, enlargement, and improvement of land, property, build ings, structures, equipment and facilities, both real and personal, necessary or useful in con nection therewith, through the issuance of not more than $1,250,000 in principal amount of 1096 JOURNAL OF THE SENATE General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $160,000 is specifically appropriated for the purpose of financing facilities for the Georgia Bureau of Investigation, by means of the acquisiton, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $150,000 is specifically appropriated for the purpose of financing a water reservoir for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,500,000 in prin cipal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $650,000 is specifically appropriated for the purpose of financing facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, and improve ment of land, property, buildings, structures, equipment and facilities, both real and per sonal, necessary or useful in connection therewith, through the issuance of not more than $6,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $1,700,000 is specifically appropriated for the purpose of financing facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, and improve ment of land, property, buildings, structures, equipment and facilities, both real and per sonal, necessary or useful in connection therewith, through the issuance of not more than $17,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $1,000,000 is specifically appropriated for the purpose of financing facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, and improve ment of land, property, buildings, structures, equipment and facilities, both real and per sonal, necessary or useful in connection therewith, through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $100,000 is specifically appropriated for the purpose of financing facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, and improve ment of land, property, buildings, structures, equipment and facilities, both real and per sonal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $350,000 is specifically appropriated for the purpose of financing facilities for the Department of Corrections, by means of the acquisition, con- MONDAY, FEBRUARY 25, 1991 1097 struction, development, extension, enlargement, and improvement of land, property, build ings, structures, equipment and facilities, both real and personal, necessary or useful in con nection therewith, through the issuance of not more than $3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $90,000 is specifically appropriated for the purpose of financing facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, neces sary or useful in connection therewith, through the issuance of not more than $900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturi ties not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $600,000 is specifically appropriated for the purpose of financing facilities for the Department of Corrections, by means of the acquisition, con struction, development, extension, enlargement, and improvement of land, property, build ings, structures, equipment and facilities, both real and personal, necessary or useful in con nection therewith, through the issuance of not more than $6,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $2,859,775 is specifically appropriated for the purpose of financing facilities for the Department of Corrections, by means of the acquisition, con struction, development, extension, enlargement, and improvement of land, property, build ings, structures, equipment and facilities, both real and personal, necessary or useful in con nection therewith, through the issuance of not more than $11,795,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $355,250 is specifically appropriated for the purpose of financing facilities for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,450,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $262,500 is specifically appropriated for the purpose of fi nancing the purchase and associated development of computer and related equipment for the Office of the Secretary of State, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equip ment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,050,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $275,000 is specifically appropriated for the purpose of financing facilities for the Department of Public Safety, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. 1098 JOURNAL OF THE SENATE Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $112,500 is specifically appropriated for the purpose of financing facilities for the Department of Public Safety, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $450,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. Section 76. Georgia State Financing and Investment Commission ............................................ $1,400,000 Section 77. TOTAL STATE FUND APPROPRIATIONS THROUGH SECTION 76 State Fiscal Year 1991 .......................................... $7,645,067,946 (including $35,512,616 in Indigent Trust Fund). Section 78. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 79. All laws and parts of laws in conflict with this Act are repealed." Section 2. This Act shal become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Senator Johnson of the 47th moved that the Senate adopt the Conference Committee report on HB 284. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Burton Clay Coleman Collins Dawkins Deal Dean Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ramsey Ray Robinson Shumake Starr Steinberg Tate Taylor Thompson Timmons Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Broun Echols Ragan of 32nd Scott Turner On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 284. MONDAY, FEBRUARY 25, 1991 1099 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 298. Respectfully Submitted, /s/ Waymond C. Huggins, Chairman Senator, District 53 Senator Garner of the 30th moved that the Senate do now adjourn until 9:15 o'clock A.M. tomorrrow, and the motion prevailed. At 3:36 o'clock P.M., the President announced the Senate adjourned until 9:15 o'clock A.M. tomorrow. 1100 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Tuesday, February 26, 1991 Twenty-ninth Legislative Day The Senate met pursuant to adjournment at 9:15 o'clock A.M. today and was called to order by the President. Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct. Senator Shumake of the 39th moved that the Senate reconsider its action of February 25 in passing the following bill of the House: HB 480. By Representative Bostick of the 138th: A bill to amend Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, so as to change the amount of certain au thorized service charges with respect to selling certain tickets or other evidences of right of entry. On the motion, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Alien Broun Burton Clay Dawkins Deal Echols Foster Garner Hammill Hasty Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Pollard Robinson Scott Shumake Steinberg T. ,ia , laylor Thompson Tysinger White Those not voting were Senators: Albert Baldwin Bishop Bowen Coleman Collins Dean Edge Egan English Gillis Harris Henson Langford Olmstead Perdue Perry Phillips Ragan of 10th Ragan of 32nd Ramsey Ray Starr Timmons Turner Walker of 22nd Walker of 43rd On the motion, the yeas were 29, nays 0; the motion prevailed, and HB 480 was recon sidered and placed at the foot of the Senate Rules Calendar for today. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed. TUESDAY, FEBRUARY 26, 1991 1101 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 819. By Representative Langford of the 7th: A bill to amend an Act known as the "Calhoun-Gordon County Airport Author ity Act," so as to change the number of members of the authority. HB 830. By Representatives Pinholster of the 8th and Stancil of the 8th: A bill to provide a homestead exemption from all Pickens 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 family incomes not ex ceeding $20,000.00 and who are 62 years of age or over. HB 831. By Representatives Pinholster of the 8th, Stancil of the 8th and Barnett of the 10th: A bill to amend Section 1 of an Act providing a homestead exemption for resi dents of the Cherokee County School District who are 62 years of age or over, so as to raise the income eligibility limits for such exemption. HB 833. By Representative Bargeron of the 108th: A bill to provide a new charter for the City of Louisville. HB 133. By Representatives Parham of the 105th, Barnett of the 10th and Harris of the 84th: A bill to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records of the Department of Public Safety, so as to change certain provisions regarding access to certain motor vehicle records. HB 706. By Representatives Balkcom of the 140th, Meadows of the 91st, Moultrie of the 93rd and McKelvey of the 15th: A bill to amend Code Section 12-3-10 of the Official Code of Georgia Annotated, relating to prohibited acts within parks, historic sites, and recreational areas, so as to make parking of vehicles in certain places unlawful. HB 333. By Representatives Dover of the llth, Godbee of the 110th and Royal of the 144th: A bill to amend Code Section 48-2-55 of the Official Code of Georgia Annotated, relating to collection of delinquent taxes through attachment and garnishment, so as to change certain provisions regarding garnishment procedures available to the state revenue commissioner. HB 208. By Representatives Oliver of the 53rd, Lawrence of the 49th and Pinkston of the 100th: A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to provide that business records required to be kept by state law or an administrative rule or regulation promulgated pursuant to state law shall be retained for a period of three years. 1102 JOURNAL OF THE SENATE HB 448. By Representatives Benefield of the 72nd, Herbert of the 76th, Buckner of the 72nd, King of the 72nd, Chafin of the 72nd and others: A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable, procedures, schedules of bails, and appeal bonds, so as to provide that certain offenses are bailable only before a judicial officer when such offenses involve family violence and substantial injury. HB 567. By Representatives Coker of the 21st, Aiken of the 21st,Vaughan of the 20th, Atkins of the 21st and Clark of the 20th, Post 4: A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide that a person who is convicted of the offense of public indecency three or more times shall be guilty of a felony. HB 238. By Representatives Birdsong of the 104th, Jenkins of the 80th and Moody of the 153rd: A bill to amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to the indemnification of certain persons killed or perma nently disabled in the line of duty, so as to provide for the indemnification of any emergency management rescue specialist who is killed or permanently disabled on or after January 1, 1991. HB 175. By Representative Reaves of the 147th: 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 29 to be entitled the "Farm Equipment Warranty Act". HB 646. By Representatives Parham of the 105th, Jackson of the 9th and Barnett of the 10th: A bill to amend Code Section 10-1-651 of the Official Code of Georgia Annotated, relating to termination, cancellation, or nonrenewal of a motor vehicle franchise, so as to provide that the protections afforded to motor vehicle dealers shall be available to a motor vehicle distributor. HB 804. By Representative Lane of the 27th: A bill to amend Article 3 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia State Games Commission, so as to change the provisions relating to membership of the commission. HB 605. By Representative Heard of the 43rd: A bill to amend Code Section 8-2-3 of the Official Code of Georgia Annotated, relating to requirements for toilets, shower heads, and faucets in buildings, so as to change effective dates; to prohibit the sale of certain toilets. HB 450. By Representatives Snow of the 1st, Mobley of the 64th, Padgett of the 86th, Coker of the 21st, Dixon of the 128th and others: A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Administrative Services and state purchasing in general, so as to provide that the policy of the state is that all bills owed by the state and its institutions and agencies will be paid in a timely manner. HB 478. By Representatives Groover of the 99th and Murphy of the 18th: 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 TUESDAY, FEBRUARY 26, 1991 1103 Superior Court Judges Retirement System," so as to delete the provisions rela tive to mandatory retirement age and forfeiture of benefits in connection therewith. HB 198. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Goodwin of the 63rd, Titus of the 143rd and others: A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change the time period during which elections can be conducted for the purpose of exempting certain tangible personal property from ad valorem taxation or imposing a joint county and municipal sales and use tax or a special county 1 percent sales and use tax. HB 213. By Representatives Irwin of the 57th and Oliver of the 53rd: A bill to amend Code Section 37-3-122 of the Official Code of Georgia Annotated, relating to payment of expenses incurred in connection with mental health hear ings, so as to provide that if a judge or an attorney on staff of the probate court conducts a mental health hearing for an out-of-county patient, the county of resi dence of the patient shall reimburse the expenses of the county holding the hearing. HB 695. By Representative Blitch of the 150th: A bill to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to authorize the Georgia Student Finance Commission, the Georgia Higher Education Assistance Corporation, and the Georgia Student Finance Authority to advertise or other wise promote their programs, functions, and purposes and to expend funds for such purposes. HB 531. By Representatives Jenkins of the 80th, Twiggs of the 4th, Barnett of the 10th, Ray of the 98th, Walker of the 113th and others: A bill to amend Article 3 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to disposition of property seized, so as to provide for the disposition of certain personal property in the custody of law enforcement agencies. SB 76. By Senator Thompson of the 33rd: A bill to amend an Act providing a new charter for the City of Austell, as amended, so as to change certain provisions relating to the ineligibility of the mayor and council members from holding certain positions; to delete all provi sions relating to the position of city manager; to create the position of adminis trative supervisor and provide for matters relative to such office. SB 83. By Senator Thompson of the 33rd: A bill to amend an Act creating the board of Commissioners of Cobb County, as amended, so as to provide that the board of commissioners shall site no new landfill until it enacts a local solid waste disposal plan. SB 214. By Senators Albert of the 23rd and Clay of the 37th: A bill to amend an Act creating the Cobb County Commission on Children and Youth, as amended, so as to make additional provisions to allow said Commisssion to qualify for tax-exempt treatment under the United States Internal Revenue Code; to change the date upon which said Commission will be abolished. 1104 JOURNAL OF THE SENATE The House has adopted by the requisite constitutional majority the following resolutions of the House: HR 332. By Representatives Walker of the 115th, Murphy of the 18th, Porter of the 119th, Watson of the 114th, Lee of the 72nd and others: A resolution proposing an amendment to the Constitution so as to provide that future members of the Public Service Commission shall be appointed by the Governor from among nominees who are nominated on the basis of their qualifi cations with respect to ability to rule impartially and knowledgeably on matters involving regulation of utilities with the goal of ensuring adequate utility supplies at the lowest practical rates. HR 349. By Representative Poag of the 3rd: A resolution designating the Woody Glenn Highway. HR 290. By Representatives Smyre of the 92nd, McKelvey of the 15th, Griffin of the 6th, Martin of the 26th and Oliver of the 53rd: A resolution creating the Joint Workers' Compensation Task Force. HR 184. By Representatives Childers of the 15th and McKelvey of the 15th: A resolution compensating Mr. Hoyt L. Nelson. HR 104. By Representative Pettit of the 19th: A resolution compensating Conestoga Management, Inc., L.F. Heilman, President. The following bills and resolutions of the Senate were introduced, read the first time and referred to committees: SB 390. By Senator Pollard of the 24th: A bill to amend Chapter 6 of Title 33 of the Official Code of Georgia Annotated, relating to unfair practices in the business of insurance, so as to provide that direct response advertising by an insurer where such advertisement has not been approved by the Commissioner shall constitute an unfair practice; to provide for applicability. Referred to Committee on Insurance and Labor. SB 391. By Senator Pollard of the 24th: A bill to amend Chapter 6 of Title 33 of the Official Code of Georgia Annotated, relating to unfair trade practices in the business of insurance, so as to provide that the issuance or delivery of a life insurance policy which does not provide a death benefit which equals or exceeds the cumulative premiums paid for such policy, plus interest, to the tenth anniversary of the date of coverage shall be an unfair or deceptive practice; to provide for rules and regulations; to provide for applicability. Referred to Committee on Insurance and Labor. SB 392. By Senator Pollard of the 24th: A bill to amend Chapter 5 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of unauthorized insurers, so as to provide that, with respect to an action filed against an unauthorized insurer, service of process upon TUESDAY, FEBRUARY 26, 1991 1105 the Commissioner of Insurance shall only be used when an alternative method of service cannot be effectuated. Referred to Committee on Insurance and Labor. SB 393. By Senator Pollard of the 24th: A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to revise provisions requiring notice of can cellation or nonrenewal of an individual or group accident and sickness insurance policy; to require a notice of nonrenewal of a group accident and sickness insur ance policy; to provide exceptions. Referred to Committee on Insurance and Labor. SB 394. By Senator Pollard of the 24th: A bill to amend Code Section 19-5-5 of the Official Code of Georgia Annotated, relating to petitions for divorce, their contents and verification, and demands for a detailed statement, so as to provide that the petition shall show the dates of birth of the petitioner and the respondent. Referred to Committee on Judiciary. SB 395. By Senator Robinson of the 16th: A bill to amend Code Section 40-8-76.1 of the Official Code of Georgia Anno tated, relating to the use of seat safety belts in passenger vehicles, so as to pro vide that a person who fails to comply with certain provisions relating to the use of seat safety belts and who is also charged with violating any provision of Chap ter 6 of Title 40 or of violating any lawful ordinance adopted by a local governing authority regulating the operation of motor vehicles shall be guilty of the offense of failure to wear a seat safety belt. Referred to Committee on Judiciary. SB 396. By Senators Deal of the 49th and Foster of the 50th: A bill to amend Code Section 20-2-57 of the Official Code of Georgia Annotated, relating to the organization of county boards of education and the selection and term of the chairman, so as to authorize a county board of education to adopt a local board policy establishing the term of the chairman. Referred to Committee on Education. SB 397. By Senator Shumake of the 39th: A bill to grant subpoena power to the Board of Ethics for Fulton County; to provide for service, enforcement, and related matters. Referred to Committee on Urban and County Affairs. SB 398. By Senator Echols of the 6th: A bill to amend an Act creating a board of commissioners of Pierce County, as amended, so as to authorize an increase in compensation for the members of the board of commissioners other than the chairman. Referred to Committee on Urban and County Affairs. SB 399. By Senators Ragan of the 32nd, Newbill of the 56th, Clay of the 37th and Thompson of the 33rd: A bill to amend an Act creating a new charter for the City of Smyrna, as amended, so as to change the corporate limits of the City of Smyrna. Referred to Committee on Urban and County Affairs. 1106 JOURNAL OF THE SENATE SB 400. By Senator Egan of the 40th: A bill to amend Code Section 32-6-111 of the Official Code of Georgia Annotated, relating to establishment of limited-access roads, so as to limit the location of certain toll collection facilities within certain distances of residential property, to provide an effective date. Referred to Committee on Finance and Public Utilities. SB 401. By Senator Starr of the 44th: A bill to amend an Act creating the State Court of Clayton County, as amended, so as to change the compensation of the judges of said court; to provide an effec tive date. Referred to Committee on Urban and County Affairs. SB 402. By Senator Starr of the 44th: A bill to amend an Act incorporating the City of Riverdale, as amended, so as to remove certain property from the corporate limits of the city. Referred to Committee on Urban and County Affairs. SB 403. By Senator Starr of the 44th: A bill to amend an Act creating the board of commissioners of Clayton County, as amended, so as to change the provisions relating to the compensation of the chairman; to provide an effective date. Referred to Committee on Urban and County Affairs. SB 404. By Senator Starr of the 44th: A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, as amended, so as to change the provisions relating to the salary of the sheriff and clerk of the superior court; to provide an effective date. Referred to Commmittee on Urban and County Affairs. SB 405. By Senator Starr of the 44th: A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, as amended, so as to change the provisions relating to the salary of the tax commissioner; to provide an effective date. Referred to Committee on Urban and County Affairs. SB 406. By Senator Starr of the 44th: A bill to amend an Act creating the State Court of Clayton County, as amended, so as to change the compensation of the solicitor of said court; to provide an effective date. Referred to Committee on Urban and County Affairs. SB 407. By Senator Starr of the 44th: A bill to amend Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, the "Nonpublic Postsecondary Educational Institutions Act of 1990," so as to change certain exemptions; to provide an effective date. Referred to Committee on Higher Education. TUESDAY, FEBRUARY 26, 1991 1107 SB 408. By Senator English of the 21st: A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," so as to delete certain provisions designating certain practices concerning promotional giveaways or contests as unlawful, unfair, or deceptive acts or practices; to pro vide for definitions; to provide that it shall be unlawful for any person to conduct a promotional giveaway or contest in this state. Referred to Committee on Consumer Affairs. SB 409. By Senator Steinberg of the 42nd: A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for the regulation of the practice of electrolysis; to pro vide for legislative findings; to provide definitions; to provide for the Board and the Department of Human Resources to administer certification and recertification of electrologists and provide for standards and qualifications therefor. Referred to Committee on Health and Human Services. SB 410. By Senators Johnson of the 47th, Deal of the 49th, Garner of the 30th and Thompson of the 33rd: A bill to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to management of budgetary and financial affairs, so as to require the submission of certain five-year strategic plans by each budget unit in conjunction with budget estimates. Referred to Committee on Appropriations. SB 411. By Senator Foster of the 50th: A bill to amend Code Section 20-2-151 of the Official Code of Georgia Annotated, relating to the purposes of programs in various grades, so as to change which programs are authorized for purposes of funding. Referred to Committee on Education. SB 412. By Senator Foster of the 50th: A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for salary in creases for persons selected as Georgia Teacher of the Year; to provide for statu tory construction. Referred to Committee on Education. SB 413. By Senators Phillips of the 9th and White of the 48th: A bill to amend an Act creating the board of commissioners of Gwinnett County, as amended, so as to change the organization of the governing authority of Gwin nett County; to provide for a county chairman elected county wide and a board of commissioners consisting of seven members elected from commissioner dis tricts at the general election of 1992 and thereafter. Referred to Committee on Urban and County Affairs. SB 414. By Senator Foster of the 50th: A bill to provide for the creation of one or more community improvement dis tricts in the City of Dahlonega; to provide for a short title; to provide for the purposes of the said districts; to provide for definitions; to provide for boards to administer said districts; to provide for taxes, fees, and assessments; to provide for the boundaries of said districts. Referred to Committee on Urban and County Affairs. 1108 JOURNAL OF THE SENATE SR 219. By Senator Olmstead of the 26th: A resolution creating the Senate Study Committee on Certificate of Need. Referred to Committee on Rules. SR 220. By Senators Steinberg of the 42nd, Walker of the 43rd, Henson of the 55th and others: A resolution expressing support for DeKalb County as the site for the 1996 Olympic tennis events. Referred to Committee on Economic Development and Tourism. SR 222. By Senator Alien of the 2nd: A resolution creating the Joint Study Committee on Posses, Auxiliaries, and Vol untary Law Enforcement Officers. Referred to Committee on Rules. SR 223. By Senator Alien of the 2nd: A resolution creating the Senate Sickle Cell Anemia Study Committee. Referred to Committee on Rules. SR 224. By Senator Alien of the 2nd: A resolution creating the Senate Lead Poisoning Prevention Study Committee. Referred to Committee on Rules. SR 225. By Senators Ray of the 19th, Kidd of the 25th and Garner of the 30th: A resolution urging the governing authorities of counties and municipalities in this state to improve the retirement and pension systems of local law enforce ment officers. Referred to Committee on Retirement. The following bills and resolutions of the House were read the first time and referred to committees: HB 133. By Representatives Parham of the 105th, Barnett of the 10th and Harris of the 84th: A bill to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records of the Department of Public Safety, so as to change certain provisions regarding access to certain motor vehicle records. Referred to Committee on Public Safety. HB 175. By Representative Reaves of the 147th: 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 29 to be entitled the "Farm Equipment Warranty Act". Referred to Committee on Agriculture. HB 198. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd and others: A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change the time period during which elections can be conducted for the purpose of exempting certain tangible personal property TUESDAY, FEBRUARY 26, 1991 1109 from ad valorem taxation or imposing a joint county and municipal sales and use tax or a special county 1 percent sales and use tax. Referred to Committee on Finance and Public Utilities. HB 208. By Representatives Oliver of the 53rd, Lawrence of the 49th and Pinkston of the 100th: A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to provide that business records required to be kept by state law or an administrative rule or regulation promulgated pursuant to state law shall be retained for a period of three years. Referred to Committee on Urban and County Affairs (General). HB 213. By Representatives Irwin of the 57th and Oliver of the 53rd: A bill to amend Code Section 37-3-122 of the Official Code of Georgia Annotated, relating to payment of expenses incurred in connection with mental health hear ings, so as to provide that if a judge or an attorney on staff of the probate court conducts a mental health hearing for an out-of-county patient, the county of resi dence of the patient shall reimburse the expenses of the county holding the hearing. Referred to Committee on Special Judiciary. HB 238. By Representatives Birdsong of the 104th, Jenkins of the 80th and Moody of the 153rd: A bill to amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to the indemnification of certain persons killed or perma nently disabled in the line of duty, so as to provide for the indemnification of any emergency management rescue specialist who is killed or permanently disabled on or after January 1, 1991. Referred to Committee on Appropriations. HB 333. By Representatives Dover of the llth, Godbee of the 110th and Royal of the 144th: A bill to amend Code Section 48-2-55 of the Official Code of Georgia Annotated, relating to collection of delinquent taxes through attachment and garnishment, so as to change certain provisions regarding garnishment procedures available to the state revenue commissioner. Referred to Committee on Banking and Financial Institutions. HB 448. By Representatives Benefield of the 72nd, Herbert of the 76th, Buckner of the 72nd and others: A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable, procedures, schedules of bails, and appeal bonds, so as to provide that certain offenses are bailable only before a judicial officer when such offenses involve family violence and substantial injury. Referred to Committee on Special Judiciary. HB 450. By Representatives Snow of the 1st, Mobley of the 64th, Padgett of the 86th and others: A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Administrative Services and state purchasing in general, so as to provide that the policy of the state is that all 1110 JOURNAL OF THE SENATE bills owed by the state and its institutions and agencies will be paid in a timely manner. Referred to Committee on Governmental Operations. HB 478. By Representatives Murphy of the 18th and Groover of the 99th: 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. Referred to Committee on Retirement. HB 531. By Representatives Jenkins of the 80th, Twiggs of the 4th, Barnett of the 10th and others: A bill to amend Article 3 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to disposition of property seized, so as to provide for the disposition of certain personal property in the custody of law enforcement agencies. Referred to Committee on Public Safety. HB 567. By Representatives Coker of the 21st, Aiken of the 21st, Vaughan of the 20th and others: A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide that a person who is convicted of the offense of public indecency three or more times shall be guilty of a felony. Referred to Committee on Special Judiciary. HB 605. By Representative Heard of the 43rd: A bill to amend Code Section 8-2-3 of the Official Code of Georgia Annotated, relating to requirements for toilets, shower heads, and faucets in buildings, so as to change effective dates; to prohibit the sale of certain toilets. Referred to Committee on Natural Resources. HB 646. By Representatives Parham of the 105th, Jackson of the 9th and Barnett of the 10th: A bill to amend Code Section 10-1-651 of the Official Code of Georgia Annotated, relating to termination, cancellation, or nonrenewal of a motor vehicle franchise, so as to provide that the protections afforded to motor vehicle dealers shall be available to a motor vehicle distributor. Referred to Committee on Public Safety. HB 695. By Representative Blitch of the 150th: A bill to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to authorize the Georgia Student Finance Commission, the Georgia Higher Education Assistance Corporation, and the Georgia Student Finance Authority to advertise or other wise promote their programs, functions, and purposes and to expend funds for such purposes. Referred to Committee on Higher Education. TUESDAY, FEBRUARY 26, 1991 1111 HB 706. By Representatives Balkcom of the 140th, Meadows of the 91st, Moultrie of the 93rd and McKelvey of the 15th: A bill to amend Code Section 12-3-10 of the Official Code of Georgia Annotated, relating to prohibited acts within parks, historic sites, and recreational areas, so as to make parking of vehicles in certain places unlawful. Referred to Committee on Natural Resources. HB 804. By Representative Lane of the 27th: A bill to amend Article 3 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia State Games Commission, so as to change the provisions relating to membership of the commission. Referred to Committee on Education. HB 819. By Representative Langford of the 7th: A bill to amend an Act known as the "Calhoun-Gordon County Airport Author ity Act," so as to change the number of members of the authority. Referred to Committee on Urban and County Affairs. HB 830. By Representatives Pinholster of the 8th and Stancil of the 8th: A bill to provide a homestead exemption from all Pickens 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 family incomes not ex ceeding $20,000.00 and who are 62 years of age or over. Referred to Committee on Urban and County Affairs. HB 831. By Representatives Pinholster of the 8th, Stancil of the 8th and Barnett of the 10th: A bill to amend Section 1 of an Act providing a homestead exemption for resi dents of the Cherokee County School District who are 62 years of age or over, so as to raise the income eligibility limits for such exemption. Referred to Committee on Urban and County Affairs. HB 833. By Representative Bargeron of the 108th: A bill to provide a new charter for the City of Louisville. Referred to Committee on Urban and County Affairs. HR 104. By Representative Pettit of the 19th: A resolution compensating Conestoga Management, Inc., L.F.Heilman, President in the sum of $378.84. Referred to Committee on Appropriations. HR 184. By Representatives Childers of the 15th and McKelvey of the 15th: A resolution compensating Mr. Hoyt L. Nelson in the sum of $7,378.25. Referred to Committee on Appropriations. HR 290. By Representatives Smyre of the 92nd, McKelvey of the 15th, Griffin of the 6th and others: A resolution creating the Joint Workers' Compensation Task Force. Referred to Committee on Rules. 1112 JOURNAL OF THE SENATE HR 332. By Representatives Walker of the 115th, Murphy of the 18th, Porter of the 119th and others: A resolution proposing an amendment to the Constitution so as to provide that future members of the Public Service Commission shall be appointed by the Governor from among nominees who are nominated on the basis of their qualifi cations with respect to ability to rule impartially and knowledgeably on matters involving regulation of utilities with the goal of ensuring adequate utility supplies at the lowest practical rates. Referred to Committee on Judiciary. HR 349. By Representative Poag of the 3rd: A resolution designating the Woody Glenn Highway. Referred to Committee on Transportation. The following reports of standing committees were read by the Secretary: Mr. President: The Committee on Economic Developoment and Tourism has had under consideration the following bills of the Senate and has instructed me to report the same back to the Sen ate with the following recommendations: SB 357. Do pass. SB 387. Do pass by substitute. Respectfully submitted, Senator Broun of the 46th District, Chairman Mr. President: The Committee on Health and Human Services has had under consideration the follow ing 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 294. Do pass. HB 482. Do pass. HB 5. Do pass by substitute. HB 269. Do pass by substitute. HR 189. Do pass. Respectfully submitted, Senator Olmstead of the 26th District, Chairman Mr. President: The Committee on Insurance and Labor has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the follow ing recommendation: HB 642. Do pass by substitute. Respectfully submitted, Senator Pollard of the 24th District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following bills of the Sen- TUESDAY, FEBRUARY 26, 1991 1113 ate and House and has instructed me to report the same back to the Senate with the follow ing recommendations: SB 346. Do pass. HB 118. Do pass by substitute. SB 364. Do pass. HB 374. Do pass. HB 289. Do pass. HB 493. Do pass. Respectfully submitted, Senator Baldwin of the 29th 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 373. Do pass. HB 789. Do pass. HB 699. Do pass. HB 787. Do pass. HB 790. Do pass. Respectfully submitted, Senator Harris of the 27th District, Chairman Mr. President: The Committee on Youth, Aging and Human Ecology has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 208. Do pass. SB 378. Do pass. Respectfully submitted, Senator Scott of the 36th District, Chairman The following bills and resolutions of the Senate and House were read the second time: SB 301. By Senators Steinberg of the 42nd, Walker of the 43rd, Tysinger of the 41st and others: A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of judges of superior courts, so as to provide for a tenth judge of the superior courts of the Stone Mountain Judicial Circuit of Georgia; to provide for the appointment of the first such additional judge by the Governor; to provide for the election of successors to the judge initially appointed. SB 322. By Senator Kidd of the 25th: A bill to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, known as the "Georgia Death Investigation Act," so as to redefine "autopsy" and "limited dissection"; to provide that tissues may be retained for additional studies; to provide that the county medical examiner shall be notified when any person dies after having been admitted to a hospital in an unconscious state and without regaining consciousness. SB 325. By Senator Turner of the 8th: A bill to amend Article 1 of Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding damages, so as to provide 1114 JOURNAL OF THE SENATE conditions under which a claimant shall not be entitled to receive interest on sums claimed as unliquidated damages; to revise the rate of interest applicable to sums claimed as unliquidated damages; to provide for an effective date and for applicability. SR 205. By Senators Foster of the 50th, Ragan of the 10th, Deal of the 49th and Broun of the 46th: A resolution creating the special Study Commission on Postsecondary Technical and Adult Education Finance. HR 285. By Representative Lane of the 27th: A resolution creating the Airports Study Committee. The President called for the morning roll call, and the following Senators answered to their names: Albert Alien Baldwin Broun Burton Clay CDoalwliknisns DDeeaaln Echols Edge Egan English Foster Garner Gillis Hammill Hasty Henson Hill Hooks HKuidgdgins LMaanrgafbolred Move Newbill Olmstead Perry Phillips Pollard Ramsey Ray Robinson Scott Shumake Stair Sbtteeminobeerrge ^ayl.or Thompson Timmons Turner Tysinger Walker of 22nd White Those not answering were Senators: Bishop Bowen Coleman Harris Johnson Perdue Ragan of 10th Ragan of 32nd Walker of 43rd Senator Starr of the 44th introduced the chaplain of the day, Reverend Harold Withers, pastor of the First Baptist Church of Forest Park, Forest Park, Georgia, who offered scrip ture reading and prayer. The following resolutions of the Senate were read and adopted: SR 221. By Senators Steinberg of the 42nd, Walker of the 43rd, Burton of the 5th and others: A resolution commending the DeKalb Historical Society and expressing support for the renovation of the Old Courthouse of DeKalb County. TUESDAY, FEBRUARY 26, 1991 1115 SR 226. By Senators Perry of the 7th, Echols of the 6th and Phillips of the 9th: A resolution commending General Hansford T. Johnson. SR 227. By Senator Foster of the 50th: A resolution commending Honorable Joe Lane Cox of Dawson County. 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 February 26, 1991 TWENTY-NINTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) SB 373 Echols, 6th A bill to change the compensation of the tax commissioner of Charlton County; to provide that the tax commisssioner shall receive longevity and cost-of-living increases. HB 699 Phillips, 9th White, 48th A bill to lengthen the period of time for which the City of Lilburn may grant a franchise. HB 787 Foster, 50th A bill to change the compensation of the sheriff of Dawson County. HB 789 Harris, 27th A bill to provide for the nonpartisan election of the chief magistrate of Lamar County. HB 790 Harrris, 27th A bill to repeal an Act creating the office of county manager of Lamar County. The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to. On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Bowen Broun Burton Coleman Collins Dawkins Dean Echols Egan Foster Garner Gillis Hammill Harris Henson Hill Hooks Huggins Kidd Langford Marable Moye Newbill Olmstead Perdue Perry 1116 JOURNAL OF THE SENATE Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Tate Thompson Timmons Turner Tysinger ,k f d Walker of 43rd White Those not voting were Senators: Alien Baldwin Bishop Clay Deal Edge English Hasty Johnson Shumake Steinberg Taylor On the passage of all local bills, the yeas were 44, nays 0. All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed. SENATE RULES CALENDAR Tuesday, February 26, 1991 TWENTY-NINTH LEGISLATIVE DAY SB 45 License to Carry Weapon--change provisions on issuance (Substitute) (Amend ment) (Judy--25th) SB 274 Driving Under the Influence--periods of driver's license suspension (Substitute) (S Judy--17th) SB 348 Quality Basic Education Act--free public instruction for certain children in mental institutions (Amendment) (Ed--8th) SB 367 Lottery--relating to selling, transporting printed materials, equipment (Judy--49th) SB 345 Sheriffs' Offices--copies of public records (Substitute) (S Judy--56th) SB 370 Criminal Justice Coordinating Council--change membership (Gov Op--49th) HB 508 State Health Planning--change definitions, exemptions (Amendment) (H&HS--12th) HB 470 Check Cashers--certain exemption from requirement to obtain driver's license (B&FI--8th) HB 329 Administrative Procedure Act--license review of certain information possessed by agency (Gov Op--29th) HB 387 Insurance--amount for guaranteed arrest bond certificate (I&L--24th) HB 66 Driving Under the Influence--provisions for motor vehicle forfeiture (Substitute) (S Judy--16th) HB 293 Retail Installment Contract--attorney fees, court costs (B&FI--23rd) HB 380 Work Release Programs--certain county offenders (Corr--7th) HR 103 Bartow County--conveyance of certain state property (F&PU--52nd) HB 224 Real Estate License--revise certain educational requirements (Substitute) (Gov Op--25th) HB 335 Georgia Taxes--revise provisions (F&PU--44th) HB 338 Corporation Income Tax--change time of payment (F&PU--44th) HB 42 Certain State Retirement Systems--membership of boards of directors (Substi tute) (Ret--38th) TUESDAY, FEBRUARY 26, 1991 1117 HB 350 Phone Companies--suspend certain 900, 976 billings with cease, desist order (Amendment) (B&FI--44th) HR 155 J. Carrell Larmore Probation Detention Center--designate (Corr--42nd) HB 439 Elevators, Escalators, Moving Walks--inspection, fees (I&L--56th) HR 150 Dougherty County--conveyance of certain state property (F&PU--12th) HB 220 Supreme Court--relating to motion for reconsideration (S Judy--28th) HB 480 Ticket Scalping--certain authorized service charges (Substitute) (S Judy--28th) 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 lost on February 21, reconsidered on February 22, and placed on the Senate Rules Calendar for today, was put upon its passage: SB 45. By Senator Kidd of the 25th: A bill 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 the provisions relating to the issuance of a license to carry a pistol or revolver; to authorize the issuance of a license to certain residents of other states, territories, or foreign countries. Senator Kidd of the 25th offered the following amendment: Amend the substitute to SB 45 offered by the Senate Committee on Judiciary on Feb ruary 21, at it appears in the Journal of February 21 by striking from lines 6 and 7 of the title on page 1 the following: ", territories, or foreign countries". By striking from lines 30 and 31 on page 2 the following: ", territory, or foreign country.". By striking from the end of line 8 on page 5 the following: "er", and inserting in lieu thereof the following: "or". By striking from the end of line 14 on page 5 the following: "; or-", and inserting in lieu thereof the following: By striking in their entirety lines 1 through 3 on page 6, which read as follows: "(7) Any individual whom the judge of the probate court, in his discretion, finds not to be of good moral character." On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted. On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted as amended. 1118 JOURNAL OF THE SENATE The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Broun Burton C'av Coleman olll " s i: a , lns DEcehaonis Edge Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford MMoavraeble Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Shumake Starr Steinberg TTfaltyelor Thompson Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Alien Bishop Bowen Egan English Scott Timmons On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. The following general bills of the Senate and House, favorably reported by the commit tees, were read the third time and put upon their passage: SB 274. By Senators Collins of the the 17th and Starr of the 44th: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to periods of suspension of drivers' licenses; to provide for periods of suspension with respect to violating Code Section 40-6-391, relating to driving under the influence of al cohol or drugs. The Senate Committee on Special Judiciary offered the following substitute to SB 274: A BILL To be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to periods of suspension of drivers' licenses; to provide for periods of suspension with respect to violating Code Section 40-6-391, relating to driving under the influence of alcohol or drugs; to change the conditions under which a plea of nolo contendere may be used by a defendant to avoid certain penalties for violating Code Section 40-6-391; to change certain penalty provisions applicable to driving while driver's license is suspended or revoked; to change certain provi sions relating to penalties upon a conviction of violating Code Section 40-6-391; to change TUESDAY, FEBRUARY 26, 1991 1119 the conditions under which a driver's license shall be returned to a defendant after a plea of nolo contendere; to provide for related matters; 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. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking in its entirety Code Section 40-5-63, relating to periods of suspension of drivers' licenses, and inserting in lieu thereof a new Code Section 40-5-63 to read as follows: "40-5-63. (a) The driver's license of any person convicted of an offense listed in Code Section 40-5-54 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 12 months. 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 such person com plies with any requirements under subsection (d) of this Code section and pays a restora tion fee of $35.00 or $25.00 when such reinstatement is processed by mail. For purposes of this paragraph, an accepted plea of nolo contendere to an offense listed in Code Section 405-54 by a person who is under 18 years of age at the time of arrest shall 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. At the end of 120 days, the person may apply to the Department of Public Safety for rein statement of his driver's license. Such license shall be reinstated if such person pays a resto ration fee of $35.00 or $25.00 when processed by mail, provided that no assessment shall be required upon such second conviction. For purposes of this paragraph, a plea of nolo con tendere and all previous accepted pleas of nolo contendere to an offense listed in Code Sec tion 40-5-54 within such five-year period of time shall constitute a conviction; or (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 shall be considered a habitual violator, and his license shall be revoked as provided for in paragraph (1) of subsection (a) of Code Section 40-5-62. For purposes of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year period shall constitute a conviction. (b) If a person who has refused to submit to a test or tests provided for in Code Section 40-5-55 has been charged with homicide by a vehicle as provided in Code Section 40-6-393 or has been charged with serious injury by vehicle as provided in Code Section 40-6-394, the period of the suspension shall be for 12 months. (c) The periods of suspension provided for in this Code section shall begin on the date the person is convicted of an offense listed in Code Section 40-5-54. (d) In all cases in which the department may return a license to a driver prior to the termination of the full period of suspension, the department may require such tests of driv ing skill and knowledge as it determines to be proper, and the department's discretion shall be guided by the driver's past driving record and performance, and the driver shall pay a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail. (e) Any person convicted of violating subsection (a) of Code Section 40-6-393, relating to homicide by vehicle, or Code Section 40-6-394, relating to serious injury by vehicle, shall have his license suspended for a period of three years. Such person shall not be eligible for 1120 JOURNAL OF THE SENATE early reinstatement of his driver's license as provided in this Code section or in Article 4 of this chapter and shall not be eligible for a limited driving permit as provided in Code Sec tion 40-5-64. For purposes of this subsection, an accepted plea of nolo contendere to homi cide by vehicle in the first degree or serious injury by vehicle shall constitute a conviction." Section 2. Said title is further amended by adding between Code Sections 40-5-63 and 40-5-64 a new Code Section 40-5-63.1 to read as follows: "40-5-63.1. (a) The driver's license of any person convicted of violating Code Section 40-6-391 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 ten 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 12 months. 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 such person sub mits proof of completion of a First Offender DUI Alcohol or Drug Use Risk Reduction Pro gram approved by the Department of Human Resources and pays a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail. For the purposes of this paragraph only, an accepted plea of nolo contendere by a person 18 years of age or older, with no conviction of and no plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous ten years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall not be considered a conviction; however, the court having jurisdiction shall forward, as provided in Code Section 40-6-391.1, the record of such disposition of the case to the Department of Public Safety and the record of such disposition shall be kept on file for the purpose of considering and counting such accepted plea of nolo contendere as a conviction under paragraphs (2), (3), and (4) of this subsection; (2) Upon the second conviction of any such offense within ten 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. At the end of 120 days, the person may apply to the Department of Public Safety for rein statement of his driver's license. Such license shall be reinstated if such person submits proof of completion of a Second Offender DUI Alcohol or Drug Use Risk Reduction Pro gram approved by the Department of Human Resources and pays a restoration fee of $35.00 or $25.00 when processed by mail, provided that no assessment shall be required upon such second conviction. For the purposes of this paragraph, a plea of nolo contendere to a charge of violating Code Section 40-6-391 and all prior accepted pleas of nolo contendere within ten years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions; (3) 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. At the end of one year, the person may apply to the Department of Public Safety for rein statement of his driver's license. Such license shall be reinstated if such person submits proof of completion of a Second Offender DUI Alcohol or Drug Use Risk Reduction Pro gram approved by the Department of Human Resources and pays a restoration fee of $35.00 or $25.00 when processed by mail, provided that no assessment shall be required upon such second conviction. For the purposes of this paragraph, a plea of nolo contendere to a charge of violating Code Section 40-6-391 and all prior accepted pleas of nolo contendere within ten years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions; or TUESDAY, FEBRUARY 26, 1991 1121 (4) 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 shall be considered a habitual violator, and his license shall be revoked as provided for in paragraph (1) of subsection (a) of Code Section 40-5-62. For the purposes of this paragraph, a plea of nolo contendere and all prior accepted pleas of nolo contendere to a charge of violating Code Section 40-6-391 within ten years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions. (b) Any suspension made pursuant to Code Section 40-5-55 shall be for six months; provided, however, that the license suspension of a person who has refused to submit to a test or tests provided in Code Section 40-5-55, but who within 180 days of the date of arrest enters a plea of guilty to a charge of violating Code Section 40-6-391, shall be deleted upon the acceptance of such plea and receipt by the Department of Public Safety of an authoriza tion from the prosecutor or, where there is no prosecutor, from the judge authorizing the deletion. (c) The periods of suspension provided for in this Code section shall begin on the date the person is convicted of violating Code Section 40-6-391. (d) In all cases in which the department may return a license to a driver prior to the termination of the full period of suspension, the department may require such tests of driv ing skill and knowledge as it determines to be proper, and the department's discretion shall be guided by the driver's past driving record and performance, and the driver shall pay a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail." Section 3. Said title is further amended by striking in its entirety subsection (a) of Code Section 40-5-121, relating to driving while license is suspended or revoked, and inserting in lieu thereof a new subsection (a) to read as follows: "(a) Except when his license has been revoked as a habitual violator under Code Sec tion 40-5-58, any person who drives a motor vehicle on any public highway of this state at a time when his privilege to do so is suspended, disqualified, or revoked shall be guilty of a misdemeanor and, upon a first conviction thereof or plea of nolo contendere 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, shall be punished by im prisonment for not less than two days nor more than six months, and there may be imposed in addition thereto a fine of not less than $500.00 nor more than $1,000.00. For the second or subsequent conviction within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is ac cepted, such person shall be punished by imprisonment for not less than ten days nor more than 12 months and there may be imposed in addition thereto a fine of not less than $1,000.00 nor more than $2,500.00." Section 4. Said title is further amended by striking in its entirety subsection (c) of Code Section 40-6-391, relating to the offense of driving under the influence of alcohol or drugs and inserting in lieu thereof a new subsection (c) to read as follows: "(c) Every person convicted of violating this Code section shall, upon a first or second conviction thereof, be guilty of a misdemeanor and, upon a third or subsequent conviction thereof, be guilty of a high and aggravated misdemeanor and shall be punished as follows: (1) First conviction with no conviction of and no plea of nolo contendere accepted to a charge of violating this Code section within the previous ten years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted: (A) A fine of not less than $300.00 nor more than $1,000.00, which fine shall not, except 1122 JOURNAL OF THE SENATE as provided in subsection (g) of this Code section, be subject to suspension, stay, or proba tion; and (B) A period of imprisonment of not less than ten days nor more than 12 months, which period of imprisonment may, at the sole discretion of the judge, be suspended, stayed, or probated; (2) For the second conviction within a ten-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted: (A) A fine of not less than $600.00 nor more than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or proba tion; and (B) (i) A period of imprisonment of not less than 90 days nor more than 12 months. The judge, at his sole discretion and under such terms and conditions as he shall impose, may suspend, stay, or probate all but 48 hours of any term of imprisonment imposed under this paragraph. (ii) The judge, at his sole discretion, may suspend, stay, or probate the minimum 48 hour term of imprisonment not subject to suspension, stay, or probation under division (i) of this subparagraph, provided that a condition of the suspension, stay, or probation of the minimum 48 hour term of imprisonment shall be that the defendant shall perform not less than 80 hours of community service; (3) For the third or subsequent conviction within a ten-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo con tendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted: (A) A fine of not less than $1,000.00 and not more than $5,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation; and (B) (i) A mandatory period of imprisonment of not less than 120 days nor more than 12 months. The judge, at his sole discretion and under such terms and conditions as he shall impose, may suspend, stay, or probate all but ten days of any term of imprisonment im posed under this paragraph. (ii) The judge, at his sole discretion, may suspend, stay, or probate the minimum tenday term of imprisonment not subject to suspension, stay, or probation under division (i) of this subparagraph, provided that a condition of the suspension, stay, or probation of the minimum ten-day term of imprisonment shall be that the defendant shall perform not less than 30 days of community service; (4) For the purpose of imposing a sentence under this subsection, a plea of nolo con tendere shall constitute a conviction." Section 5. Said title is further amended by striking in its entirety Code Section 40-6391.1, relating to entry of plea of nolo contendere to a charge of violating Code Section 40-6391, and inserting in lieu thereof a new Code Section 40-6-391.1 to read as follows: "40-6-391.1. (a) The decision to accept a plea of nolo contendere to a charge of violating Code Section 40-6-391 shall be at the sole discretion of the judge but, if such plea is ac cepted, the penalties provided for in subsection (c) of Code Section 40-6-391 shall be imposed. (b) If the defendant has not been convicted of or had a plea of nolo contendere ac cepted to a charge of violating Code Section 40-6-391 within the previous ten years and if the plea of nolo contendere shall be used as provided in paragraph (1) of subsection (a) of TUESDAY, FEBRUARY 26, 1991 1123 Code Section 40-5-63, no such plea shall be accepted unless, at a minimum, the following conditions are met: (1) The defendant has filed a verified petition with the court requesting that such plea be accepted and setting forth the facts and special circumstances necessary to enable the judge to determine that accepting such plea is in the best interest of justice; and (2) The judge has reviewed the defendant's driving records that are on file with the Department of Public Safety. (c) The judge, as part of the record of the disposition of the charge, shall set forth, under seal of the court, his reasons for accepting the plea of nolo contendere. (d) If a plea of nolo contendere is accepted as provided in subsection (b) of this Code section, the judge shall, as a part of the disposition of the case, order the defendant to attend and complete a First Offender DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources. The order shall stipulate that the de fendant 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 defendant 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 Code Sec tion 40-5-68. (e) The record of the disposition of the case, including the ruling required in subsection (c) of this Code section, shall be forwarded to the Department of Public Safety as required in" subsection (c) of Code Section 40-5-67. (f) If a plea of nolo contendere is accepted under the conditions set forth in subsection (b) of this Code section 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 Code Section 40-6-391 within the previous ten years, the court shall, subject to subsection (d) of this Code section, return the driver's license to the person; otherwise, such driver's license shall be forwarded to the Department of Public Safety as provided in subsection (c) of Code Section 40-5-67." Section 6. This Act shall become effective September 1, 1991. Section 7. 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 Alien Baldwin Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Ragan of 10th Ragan of 32nd 1124 JOURNAL OF THE SENATE Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate Taylor Thompson Turner Tysinger ' ,, , _,, , Walker of 22nd White Those not voting were Senators: Bishop Bowen English Pollard Timmons Walker of 43rd On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passsed by substitute. SB 348. By Senator Turner of the 8th: A bill to amend Part 1 of Article 6 of Chapter 2 of Title 20, relating to the objec tives and purposes of the "Quality Basic Education Act," so as to provide that any child who is a patient or client in a facility licensed by the State of Georgia to deliver intermediate nursing care or intermediate care for the mentally re tarded and who remains in that facility for more than 60 days shall be eligible for enrollment in a free public instructional program. The Senate Committee on Education offered the following amendment: Amend SB 348 by adding on line 2 of page 1 and on line 13 of page 1 after the numeral "20" and before the comma the following: "of the Official Code of Georgia Annotated". By striking from line 5 of page 1 the following: "intermediate nursing care or". By adding on line 15 of page 2 after the word "care" and before the word "who" the following: "for the mentally retarded". By adding on line 9 of page 3 after the word "care" and before the word "and" the following: "for the mentally retarded". By adding at the end of line 7 of page 5 the following: "For the mentally retarded". By adding on line 29 of page 6 after the word "care" and before the word "to" the following: "for the mentally retarded". On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: TUESDAY, FEBRUARY 26, 1991 1125 Those voting in the affirmative were Senators: Albert Alien Baldwin Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan Foster Garner Gillis Hammill Harris Hasty Henson Hill Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Pollard Those not voting were Senators: Bishop English Hooks Phillips On the passage of the bill, the yeas were 51, nays 0. Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Steinberg The bill, having received the requisite constitutional majority, was passed as amended. SB 367. By Senator Deal of the 49th: A bill to amend Code Section 16-12-35 of the Official Code of Georgia Annotated, relating to manufacture and sale of printed materials and equipment for use in a lottery conducted by a state or foreign country, so as to delete the provisions requiring such lottery to be conducted by a state or foreign country. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan Foster Gillis Hasty Henson Hill Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Shumake Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White 1126 JOURNAL OF THE SENATE Those not voting were Senators: Bishop English Garner Hammill Harris Hooks Scott Starr On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 345. By Senators Newbill of the 56th, Thompson of the 33rd and Ragan of the 32nd: A bill to amend Code Section 50-18-71 of the Official Code of Georgia Annotated, relating to the right of access to make photographs or reproductions, so as to exclude the sheriffs office from the provisions of such Code Section; to amend Code Section 15-16-21 of the Official Code of Georgia Annotated, relating to fees for sheriffs services, so as to authorize the right of access to make photographs or reproductions of certain documents under the jurisdiction of the sheriff; to pro vide for fees and other reasonable charges in connection with the making of such photographs or reproductions. The Senate Committee on Special Judiciary offered the following substitute to SB 345: A BILL To be entitled an Act to amend Code Section 50-18-71 of the Official Code of Georgia Annotated, relating to the right of access to make photographs or reproductions, so as to change certain provisions relating to copying fees; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 50-18-71 of the Official Code of Georgia Annotated, relating to the right of access to make photographs or reproductions, is amended by striking subsection (c) in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: "(c) Where no fee is otherwise provided by law, the agency may charge and collect a uniform copying fee not to exceed 25olliins San Echols Edge English Foster Garner Gillis Hammill Harris Hill Hooks Huggins Johnion M arable Sill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake QSttarr Steinberg late Taylor Timmons Turner Tysinger White THURSDAY, FEBRUARY 28, 1991 1225 Those not voting were Senators: Bishop Bowen Coleman Dawkins Egan Hasty Henson Kidd Langford Thompson Walker of 22nd Walker of 43rd On the adoption of the resolution, the yeas were 44, nays 0. The resolution, having received the requisite constitutional majority, was adopted by substitute. The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage: SB 378. By Senators Scott of the 36th and Deal of the 49th: A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide incentives for increasing local juvenile justice services; to provide for funding to assist counties in developing additional juvenile services; to provide for development of a formula for alloca tion of such funding; to provide effective dates. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Burton Clay CC,-, oo,ll,le.mmsan Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson HH,,iolol k, s Huggins Johnson Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey ^ DKQ o,bm. son ^ *tarr btemberg Tate Timmons Turner Tysinger White Those not voting were Senators: Bowen Broun Kidd Langford Shumake Taylor Thompson Walker of 22nd Walker of 43rd On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed. Senators Olmstead of the 26th and Harris of the 27th introduced His Honor, Lee Robinson, Mayor of the City of Macon, Georgia, and Mayor Robinson briefly addressed the Senate. 1226 JOURNAL OF THE SENATE The following general bills and resolution of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage: SB 346. By Senator Baldwin of the 29th: A bill to amend Code Section 15-10-100 of the Official Code of Georgia Anno tated, relating to the appointment of constables for magistrate courts, so as to provide that counties may employ marshals to perform the duties of constables; 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 Alien Baldwin Bishop Dn awkms Sols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill JHTooh, onksson Kidd Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson SS,,.tteamr. rb, erg Tate Thompson Turner Tysinger Walker of 22nd White Those not voting were Senators: Bowen Burton DCoealej man Huggins Langford Marable Ray Scott Shumake Taylor Timmons Walker of 43rd On the passage of the bill, the yeas were 43, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 364. By Senators Hasty of the 51st and Deal of the 49th: A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, so as to create a new third judgeship for the Blue Ridge Judicial Circuit; to provide for the initial appointment, election, and term of office of said judge; to provide for the manner of impaneling jurors. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: THURSDAY, FEBRUARY 28, 1991 1227 Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Broun Burton X ,y Col?llm"san DDaewankins Echols Edge Egan English Foster Gillis Hammill Harris Hasty Henson Hill Hooks Huggins JKoihdndson TLangf.ord. Marable Moye Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott TStaetienberg _Tayl.or Thompson Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Bowen Newbill Deal (excused conferee) Shumake Garner (excused conferee) Starr Timmons On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 208. By Senator Edge of the 28th: A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings, so as to provide that state pol icy shall be that a minor child has frequent and continuing contact with parents that show the ability to act in the best interest of the child and to encourage parents to share in the rights and responsibilities of raising their children after separation and divorce. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dean Echols Edge Egan Foster Gillis Hammill Harris Hill Hooks Huggins Johnson Kidd Langford Marable Moye Olmstead Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott 1228 JOURNAL OF THE SENATE Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 43rd White Those not voting were Senators: Dawkins Deal (excused conferee) English Garner (excused conferee) Hasty Henson Newbill Perdue Shumake Walker of 22nd On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 357. By Senators Foster of the 50th, Deal of the 49th and Johnson of the 47th: A bill to amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Industry, Trade, and Tourism, so as to provide for state funding of local welcome centers; to provide for criteria for funding; to pro vide for restrictions on the use of such funding; to provide for audits and inspec tions; to provide for withholding of funds; to provide for discontinuation of funding. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Bishop Bowen Broun Collins DjDUaeaW wanRkliInISs Echols Edge Egan English Foster Garner Gillis Hammill Harris Henson Hill Hooks Huggins JTo.Th-nJJson KTLaldndgf/ordj Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scucott SSr>jtt.eairnrbi_erg Tate Thompson Turner Tysinger Walker of 22nd White Those not voting were Senators: Baldwin Deal Hasty Shumake Taylor Timmons Walker of 43rd On the passage of the bill, the yeas were 49, nays 0. THURSDAY, FEBRUARY 28, 1991 1229 The bill, having received the requisite constitutional majority, was passed. HB 379. By Representatives Jackson of the 9th, Colwell of the 4th and Orr of the 9th: A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions relative to penal institutions, so as to provide for home arrest programs for certain county offenders. 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 Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Henson Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Olmstead Perdue Perry Phillips Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Deal Hasty Langford Pollard Shumake On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed. HR 210. By Representatives Tolbert of the 58th, Alford of th 57th, Lawrence of the 49th and others: A resolution creating the DeKalb County Homestead Exemptions Study Committee. Senate Sponsor: Senator Burton of the 5th. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. 1230 JOURNAL OF THE SENATE On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton CCloalyeman Gillis Harris Hasty Henson Hill Hooks Huggins JKoihdndson Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr SMteeminbbeerrge Collins Deal Dean Echols Edge Egan English Foster Garner Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Thompson Tunmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Dawkins Hammill Shumake On the adoption of the resolution, the yeas were 53, nays 0. The resolution, having received the requisite constitutional majority, was adopted. The following general bill of the House, having been read the third time on February 25 and passed by substitute, reconsidered on February 26 and postponed until February 27, and placed on the Senate Rules Calendar for today, was put upon its passage: HB 480. By Representative Bostick of the 138th: A bill to amend Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, so as to change the amount of certain au thorized service charges with respect to selling certain tickets or other evidences of right of entry. Senate Sponsor: Senator Edge of the 28th. The substitute to HB 480 offered by the Senate Committee on Special Judiciary was adopted on February 25, as it appears in the Journal of February 25. 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 Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Dean Echols Edge Egan English Garner Gillis Hammill Harris Hasty Hill Hooks Johnson Kidd Langford THURSDAY, FEBRUARY 28, 1991 1231 Marable Moye Olmstead Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Tate Taylor Thompson Timmons Turner Tysinger Walker of 43rd White Those voting in the negative were Senators: Collins Deal Foster Newbill Perdue Steinberg Those not voting were Senators: Dawkins Henson Muggins Walker of 22nd On the passage of the bill, the yeas were 46, nays 6. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Taylor of the 12th introduced the doctor of the day, Dr. Van Cise Knowles, of Albany, Georgia. The following general bill and resolution of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage: HB 317. By Representative Herbert of the 76th: A bill to amend Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, known as the "Nonpublic Postsecondary Educational In stitutions Act of 1990," so as to change the provisions relative to certain defini tions; to change the provisions relative to qualifications of certain personnel of postsecondary educational institutions. Senate Sponsor: Senator Hammill of the 3rd. Senator Hammill of the 3rd offered the following amendment: Amend HB 317 as follows: By striking from line 12 on page 1 the following: "to provide for other matters relative to the foregoing;", and inserting in lieu thereof the following: "to provide for the transfer of certain personnel; to amend the Act enacting the 'Nonpublic Postsecondary Educational Institutions Act of 1990,' approved April 11, 1990 (Ga. L. 1990, p. 1166), so as to delete the provisions relating to a delayed effective date; to provide for other matters relative to the foregoing; to provide an effective date;". By renumbering Section 7 as Section 10 and by adding new Sections 7, 8, and 9 to read as follows: "Section 7. Said part is further amended by designating the present language of Code Section 20-3-250.24, relating to compensation and benefits of employees, as subsection (a) of that Code section and by adding at the end thereof a new subsection (b) to read as follows: '(b) Those positions and employees of the Department of Education which are assigned 1232 JOURNAL OF THE SENATE the sole responsibility for management, professional, and clerical services to nonpublic postsecondary schools and proprietary schools programs are transferred to the commission. All such employees transferred to the commission shall retain all existing rights under the state merit system, the Employees' Retirement System of Georgia, and the Teachers Retirement System of Georgia.' Section 8. An Act enacting the 'Nonpublic Postsecondary Educational Institutions Act of 1990,' approved April 11, 1990 (Ga. L. 1990, p. 1166), is amended by striking Section 6 which reads as follows: 'Section 6. This Act shall become effective on July 1, 1991, except that this Act shall be 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.', in its entirety. Section 9. 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 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 Alien Baldwin Bishop Bowen Burton Clay Collins Dawkins Deal Dean Echols English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Newbill Olmstead Perdue Perry Phillips Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 43rd White Those not voting were Senators: Broun Coleman Edge Egan Moye Pollard Shumake Walker of 22nd On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. THURSDAY, FEBRUARY 28, 1991 1233 HR 285. By Representative Lane of the 27th: A resolution creating the Airports Study Committee. Senate Sponsor: Senator Coleman of the 1st. The Senate Committee on Rules offered the following substitute to HR 285: A RESOLUTION Creating the Joint Study Committee for Regional Development Centers; and for other purposes. WHEREAS, regional development centers were created by general law to undertake the vitally important task of developing, promoting, and assisting in establishing coordinated comprehensive planning by local governments under direction from the state; and WHEREAS, coordinated and comprehensive planning by local governments is neces sary to serve the essential public purposes of the state in developing, sustaining, and assist ing local governments and in establishing minimum standards for land use in order to pro tect and preserve the state's natural resources, environment, and vital areas; and WHEREAS, planning and technical assistance activities of regional development cen ters include establishing goals and objectives for regions; preparing and adopting regional plans; developing and preparing local plans for counties and municipalities; participating in compiling a Georgia data base and network to serve as a comprehensive source of informa tion available to local governments, state agencies, and members of the General Assembly; and administering federal and state programs; and WHEREAS, the most equitable, efficient, and workable structure and funding are nec essary for regional development centers to perform their complex tasks; and WHEREAS, membership, membership dues, and composition of the boards of regional development centers are regulated by general law and the Department of Community Af fairs, and study of these elements of regional development centers should reveal possible innovations which would improve the services provided by regional development centers. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Study Committee on Regional Development Cen ters to be composed of four members of the Senate to be appointed by the Lieutenant Gov ernor and four members of the House of Representatives to be appointed by the Speaker of the House of Representatives. The Speaker of the House and the Lieutenant Governor shall each appoint a cochairman. The cochairman shall call all meetings of the committee. BE IT FURTHER RESOLVED that the committee shall undertake a study of the con ditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative com mittees but shall receive the same for not more than five days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds of the legislative branch of government. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 1991. The committee shall stand abol ished on December 1, 1991. The President ruled that the substitute to HR 285 offered by the Senate Committee on Rules was not germane to the resolution. Senator Deal of the 49th, President Pro Tempore, assumed the Chair. 1234 JOURNAL OF THE SENATE Senators Coleman of the 1st and Dean of the 31st offered the following substitute to HR 285: A RESOLUTION Creating the Joint Georgia Airport Development Authority Study Committee; and for other purposes. WHEREAS, proposed Senate Bill 244 and House Bill 525 both provide for the creation of a Georgia Airport Development Authority for the purpose of constructing, financing, op erating, and developing air transportation projects within and without the State of Georgia; and WHEREAS, the development and construction of airports contributes positively to the economic prosperity and promotes the general welfare of the state by creating a favorable climate for the location of new industry, trade, and commerce and aids in the development and expansion of existing industry, trade, and commerce in Georgia; and WHEREAS, the rapid growth in industrial, commercial, and residential populations of Georgia throughout the 1980's has resulted in a need for the development and construction of additional airports within the state; and WHEREAS, the development and construction of such airports would have a signifi cant impact on both the state as a whole and on those particular communities where air ports would be developed and constructed; and WHEREAS, an issue of such vital importance to the people of the State of Georgia deserves detailed study by the elected representatives of the people of this state and by other experts in the field in order to ensure that the creation of a Georgia Airport Develop ment Authority would be in the best interest of the state. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Georgia Airport Development Authority Study Committee, to study the creation of the Georgia Airport Development Authority. The com mittee shall be composed of four members of the House of Representatives to be appointed by the Speaker of the House of Representatives, four members of the Senate to be ap pointed by the President of the Senate, and three members as follows: the commissioner of transportation or his designee, the commissioner of industry, trade, and tourism or his designee, and the director of the Atlanta Regional Commission or his designee. The Speaker of the House of Representatives and the President of the Senate shall each appoint a cochairman. The cochairman shall call all meetings of the committee. BE IT FURTHER RESOLVED, that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and shall recom mend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. All legislative mem bers of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than ten days unless additional days are authorized. The other members of the committee shall be reimbursed for actual and necessary expenses incurred by them in carrying out their duties from the funds of their respective departments or agencies. Except as otherwise provided in this reso lution, the funds necessary to carry out the provisions of this resolution shall come from the funds of the legislative branch of government. The committee shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, on or before December 1, 1991. The committee shall stand abolished on December 31, 1991. Senator Shumake of the 39th offered the following amendment: THURSDAY, FEBRUARY 28, 1991 1235 Amend the substitute to HR 285 offered by Senators Coleman of the 1st and Dean of the 31st by adding on page 2, line 16, after "designee" the following: ", the Mayor of Atlanta, and the Commissioner of Aviation". On the adoption of the amendment, Senator Shumake of the 39th called for the yeas and nays; the call was sustained, and the vote was as follows: Those voting in the affirmative were Senators: Alien Bishop Edge Egan Henson Moye Newbill Scott Shumake Steinberg Tate Walker of 22nd Walker of 43rd White Those voting in the negative were Senators: Albert Baldwin Bowen Broun Burton Clay Coleman Collins Dawkins Dean Echols English Foster Garner Gillis Harris Hasty Hill Hooks Huggins Johnson Kidd Langford Marable Olmstead Perdue Perry Phillips Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Starr Taylor Thompson Timmons Turner Tysinger Those not voting were Senators: Deal (presiding) Hammill Pollard On the adoption of the amendment, the yeas were 14, nays 39, and the amendment offered by Senator Shumake of the 39th to the substitute to HR 285 offered by Senators Coleman of the 1st and Dean of the 31st was lost. On the adoption of the substitute offered by Senators Coleman of the 1st and Dean of the 31st, the yeas were 41, nays 3, and the substitute was adopted. Senator Deal of the 49th, President Pro Tempore, who was presiding, announced that, pursuant to Senate Rule 143, consideration of HR 285 would be suspended and placed on the Senate General Calendar. The following resolution of the Senate was read and put upon its adoption: SR 247. By Senators Deal of the 49th and Garner of the 30th: A resolution relative to adjournment by the General Assembly at 5:00 o'clock P.M. on Friday, March 1, 1991, and to reconvene on Tuesday, March 5, 1991; the hour for convening the Senate may be as ordered by the Senate, and the hour for convening the House may be as ordered by the House. On the adoption of the resolution, the yeas were 40, nays 0. The resolution, having received the requisite constitutional majority, was adopted. 1236 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 320. By Representative Herbert of the 76th: A bill to amend Article 2 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, relating to technical and adult education, so as to require the State Board of Technical and Adult Education to develop and implement a policy for a reduction in force. 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: Albert Alien Bishop Bowen Broun Burton CClofllyeman CDoalwliknisns Dean Echols Egan English Foster Garner Gillis Harris Hasty Hill Hooks Johnson KLaidndgford MMoayraeble Newbill Olmstead Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott <5t arr TMSteinbere ^aayl.or Thompson Timmons Turner Tysinger Walker of 43rd White Voting in the negative were Senators Perdue and Walker of 22nd. Those not voting were Senators: Baldwin Deal (presiding) Edge Hammill Henson Huggins Shumake On the passage of the bill, the yeas were 47, nays 2. The bill, having received the requisite constitutional majority, was passed. HB 514. By Representative Watson of the 114th: 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 provide accounting methods to be used by gas utilities in rate-making proceedings. Senate Sponsor: Senator Tysinger of the 41st. THURSDAY, FEBRUARY 28, 1991 1237 The Senate Committee on Finance and Public Utilities offered the following substitute to HB 514: 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 provide accounting methods to be used by gas utilities in rate-making proceedings; 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. 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 between Code Sections 46-2-26.3 and 46-2-27 a new Code Section 46-226.4 to read as follows: "46-2-26.4. (a) The accounting treatments specified in this Code section shall apply in any proceeding before the commission to determine the rates to be charged by a gas utility. (b) In any proceeding to determine the rates to be charged by a gas utility, the gas utility shall file jurisdictionally allocated cost of service data on the basis of a test period, and the commission shall utilize a test period, consisting of actual data for the most recent 12 month period for which data are available, fully adjusted separately to reflect estimated operations during the 12 month period commencing five months from the proposed effective date of the rates. After the initial filing, and until new rates go into effect, the utility shall file actual cost of service data as they become available for each month following the actual data which were filed. The utility shall have the burden of explaining and supporting the reasonableness of all estimates and adjustments contained in its costs of service data." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 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 Alien Baldwin Bishop Bowen Burton Clay CCoollleimnsan Dawkins Dean Echols English Foster Garner Gillis Hammill Harris Hasty Hill Hooks Johnson Kidd LMaanrgafbolred Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson ,Tihfoylmorpson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White 1238 JOURNAL OF THE SENATE Those not voting were Senators: Deal (presiding) Edge Egan Henson Huggins Shumake Starr Steinberg Tate On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. HB 374. By Representatives Murphy of the 18th, Cummings of the 17th and Watts of the 41st: 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 the state, so as to change the terms for the superior courts of Tallapoosa Judicial Circuit. Senate Sponsor: Senator Dean of the 31st. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Clay Collins Dawkins Dean Echols English Foster Garner Gillis Hammill Harris Hasty Hill Hooks Johnson Kidd Langford Marable Move Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson Scott Shumake Q, , ^aylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Coleman Deal (presiding) Edge Egan Henson Huggins Ray Steinberg Tate On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed. THURSDAY, FEBRUARY 28, 1991 1239 HB 642. By Representatives Ware of the 77th, Dunn of the 73rd, Chambless of the 133rd and others: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to provide for intent; to direct the Commis sioner of Insurance to develop a model basic health insurance plan. Senate Sponsor: Senator Taylor of the 12th. The Senate Committee on Insurance and Labor offered the following substitute to HB 642: A BILL To be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to provide for intent; to direct the Commis sioner of Insurance to develop a model basic health insurance plan; to provide for features of such plan; to authorize the Commissioner to obtain information and assistance in order to develop such plan; to authorize the Commissioner to promote and encourage the use of such plan; 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 the regulation of insurance, is amended by adding a new chapter, to be designated Chapter 47, to read as follows: "CHAPTER 47 33-47-1. This chapter shall be known and may be cited as the 'Georgia Basic Health Insurance Plan.' 33-47-2. It is the intent of this chapter to authorize the Commissioner of Insurance to establish a model health insurance plan or policy which will be affordable to Georgians who cannot afford standard market policies of accident and sickness insurance and to increase the availability of health insurance coverage by encouraging the promotion of this type of plan or policy by accident and sickness insurers licensed to transact such insurance in this state. 33-47-3. The Commissioner shall develop a model basic health insurance plan which shall include, but shall not be limited to, the following features: (1) Eligibility criteria designed to permit persons with income levels below 250 percent of the federal poverty level to participate in the plan; (2) Eligibility requirements which exclude from participation in the plan persons with other accident and sickness insurance coverage other than disability policies and persons who are eligible for coverage under the Medicaid or medicare programs; (3) Coverage for primary health care services designed to prevent the need for more expensive health care services: (4) Premium levels which are significantly lower than premium levels for standard mar ket policies of accident and sickness insurance and based upon the plan being operated at no profit to the insurer; (5) Cost containment features which may include, but not be limited to, preadmission certification for inpatient and selected outpatient services, second medical opinions for nonemergency surgery, limitations on services and providers, and the use of preferred provider arrangements; and (6) Nominal copayment provisions, reasonable lifetime benefit maximums, and nominal deductible amounts. 33-47-4. (a) The Commissioner shall be authorized to request information and data 1240 JOURNAL OF THE SENATE from any available source and to request the assistance of accident and sickness insurers and providers of health care services in order to develop the model basic health care plan. (b) The Commissioner shall be authorized to encourage and promote the marketing of the model basic health insurance policy by accident and sickness insurers in this state." Section 2. All laws and parts of laws in conflict with this Act are repealed. Senator Taylor of the 12th offered the following amendment: Amend the substitute to HB 642 offered by the Senate Committee on Insurance and Labor by adding on line 14 of page 2, "and those who have voluntarily canceled their accident and sickness coverage in the last year;". On the adoption of the amendment, the yeas were 29, nays 0, and the amendment was adopted. On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun urton Dawkins Dean Echols English poster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Johnson Kidd Langford TMarable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr ^teinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 43rd White Those not voting were Senators: Coleman Collins Deal (presiding) Edge Egan Huggins Walker of 22nd On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. THURSDAY, FEBRUARY 28, 1991 1241 HB 289. By Representative Oliver of the 53rd: A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs for protection of children, so as to change the persons who may have access to records regarding child abuse reports and change the condi tions relating to such access. 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 Alien Baldwin Bishop Bowen Broun Burton Clay Collins Dean Echols English Garner Gillis Hammill Harris Hasty Henson Hill Hooks Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 43rd White Those not voting were Senators: Coleman Dawkins Deal (presiding) Edge Egan Foster Huggins Phillips Shumake Walker of 22nd On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 616. By Representatives Carter of the 146th and Patten of the 149th: A bill to amend Part 3 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water well standards, so as to continue the State Water Well Standards Advisory Council. Senate Sponsor: Senator Perry of the 7th. The report of the committee, which was favorable to the passage of the bill, was agreed to. 1242 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 Alien Baldwin Bishop Bowen Broun Burton Clay Collins Dawkins Dean Echols Edge Egan English Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd White Those not voting were Senators: Coleman Deal (presiding) Foster Garner Phillips Scott Shumake Walker of 43rd On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 428. By Representatives Walker of the 115th, Murphy of the 18th, Groover of the 99th and others: A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions pertaining to the General Assembly, so as to change provisions relating to the method of proof of advertisement of local bills. 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 Alien Baldwin Bishop Bowen Broun Burton Clay Collins Dawkins Dean Echols Edge Egan English Garner Gillis Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Pollard Ragan of 32nd Ramsey Ray Robinson Scott Starr Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White THURSDAY, FEBRUARY 28, 1991 1243 Those not voting were Senators: Coleman Deal (presiding) Foster Hammill Phillips Ragan of 10th Shumake Steinberg On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. The following general resolution of the House, having been read the third time on Feb ruary 27 and postponed until February 28, and placed on the Senate Rules Calendar for today, was put upon its adoption: HR 80. By Representatives Colwell of the 4th and Twiggs of the 4th: A resolution authorizing the grant of a nonexclusive easement for the construc tion, operation, and maintenance of an underground audio transmission cable in, on, over, under, upon, across, or through property owned by the State of Georgia in Fannin County and Gilmer County, Georgia. Senate Sponsor: Senator Hasty of the 51st. Senators Hasty of the 51st and Coleman of the 1st offered the following substitute to HR80: A RESOLUTION Authorizing the grant of a nonexclusive easement for the construction, operation, and maintenance of an underground audio transmission cable in, on, over, under, upon, across, or through property owned by the State of Georgia in Fannin County and Giimer County, Georgia; authorizing the conveyance of an estate for years in certain real property owned by the Georgia Building Authority (Hospital) in Chatham County, Georgia; to provide an effec tive date; to repeal conflicting laws; and for other purposes. WHEREAS: (1) The State of Georgia is the owner of certain real property being formerly the CSX Railroad right of way running from White Path, Gilmer County, to Blue Ridge, Fannin County, which is in the custody of the State Properties Commission; (2) Blue Ridge Telephone Company desires to operate and maintain an underground audio transmission cable system in, on, over, under, upon, across, or through a certain por tion of Fannin and Gilmer counties: (3) A portion of this system must pass through the above-described state owned prop erty and would be beneficial to the public interest; and (4) A three-year revocable license has been granted to Blue Ridge Telephone Company by the State Properties Commission for the purposes set forth in this resolution; and WHEREAS: (1) The Georgia Building Authority (Hospital) is the owner of real property consisting of 108.52 acres and constituting the grounds of the Georgia Regional Hospital in Chatham County, Georgia, which real property was conveyed by the City of Savannah to the State of Georgia in June of 1967 for the purpose of establishing a mental health hospital and herein after is referred to as "the premises"; (2) A 30 acre parcel of the premises is currently used by the City of Savannah for recreation programs, which real property, hereinafter referred to as "the parcel", is more fully described as follows: Commencing at the intersection of the west right-of-way line of Meridian Road (Sallie 1244 JOURNAL OF THE SENATE Mood Road) (a 100 foot right-of-way) with the north right-of-way line of Eisenhower Drive (a 100 foot right-of-way); thence south 01 degree 03 seconds east, along said right-of-way a distance of 954.85 feet to a monument; thence south 72 degrees 50 seconds east a distance of 1260.30 feet to a monument on the east right-of-way line of Casey Canal (a 100 foot rightof-way); thence northerly along the east right-of-way line of Casey Canal to the south rightof-way line of Eisenhower Drive; thence west along the south right-of-way line of Eisen hower Drive to the POINT OF COMMENCEMENT; (3) In order to obtain federal funding to construct a recreation complex on the parcel, the City of Savannah, Georgia, desires to lease the 30 acre parcel; and (4) The premises are in the possession of the Department of Human Resources of the State of Georgia by rental agreement with the Georgia Building Authority (Hospital) and constitute grounds of its Georgia Regional Hospital-Savannah. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL AS SEMBLY OF GEORGIA: ARTICLE I Section 1. (a) That the State of Georgia is the owner of the hereinafter described real property in Gilmer County and Fannin County, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. (b) That the State of Georgia, acting by and through its State Properties Commission, may grant to Blue Ridge Telephone Company or its successors and assigns a nonexclusive easement for the construction, operation, and maintenance of an underground audio trans mission cable in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing an underground audio transmission cable, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Fannin and Gilmer counties, Georgia, being generally de scribed as follows: All of a portion of those certain tracts of land situate, lying and being in Fannin County and Gilmer County, Georgia, and being more particularly described as a portion of the CSX Railroad Valuation Map No. V46/8-13 (said tract or property shall be more particularly described by a plat of survey obtained by Blue Ridge Telephone Company and presented to the State Properties Commission for approval). (c) That the above-described premises shall be used solely for the purpose of installing, maintaining, repairing, replacing, inspecting, and operating said underground audio trans mission cable. (d) That Blue Ridge Telephone Company shall have the right to remove or cause to be removed from said easement areas only such trees and bushes as may be reasonably neces sary for the proper construction, operation, and maintenance of said underground audio transmission cable. (e) That, after Blue Ridge Telephone Company has put into use the underground audio transmission cable for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia or its successors and assigns of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Blue Ridge Telephone Company or its successors and assigns shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns. (f) That no title shall be conveyed to Blue Ridge Telephone Company, and, except as herein specifically granted to Blue Ridge Telephone Company, all rights, title, and interest THURSDAY, FEBRUARY 28, 1991 1245 in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Blue Ridge Telephone Company. (g) That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated in order to avoid interference with the state's use or intended use of the ease ment area, Blue Ridge Telephone Company shall remove or relocate its facilities at its sole cost and expense. (h) That the easement granted to Blue Ridge Telephone Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the descrip tion utilized by the State Properties Commission describes the same easement area herein granted. (i) That the consideration for such easement shall be for the fair market value but not less than $650.00 and upon such further consideration and provisions as the State Proper ties Commission may determine to be in the best interest of the State of Georgia. (j) That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. (k) That the grant of easement shall be recorded by the Grantee in the Superior Court of Fannin and Gilmer counties and a recorded copy shall be forwarded to the State Proper ties Commission. (1) That the authorization in this article to grant the above-described easement to Blue Ridge Telephone Company shall expire three years after the date that this resolution be comes effective. ARTICLE II Section 2. (a) That the premises are owned by Georgia Building Authority (Hospital). (b) That the Georgia Building Authority (Hospital) is authorized to convey or let to the City of Savannah an estate for years or usufruct in the parcel with a term not to exceed 50 years. Permission to use the adjacent driveways or other means of ingress and egress may also be given by easement appurtenant, license or otherwise. The estate for years or usufruct shall be for the purpose of constructing a recreation complex for the City of Savannah and shall be on such other terms and conditions as the Authority may decide, consistent with the purposes of this resolution. ARTICLE III Section 3. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4. That all laws and parts of laws in conflict with this resolution are repealed. On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted. Senator Deal of the 49th, President Pro Tempore, who was presiding, announced that, pursuant to Senate Rule 143, consideration of HR 80 would be suspended and placed on the Senate General Calendar. Senator Garner of the 30th moved that the Senate do now adjourn until 9:15 o'clock A.M. tomorrow, and the motion prevailed. 1246 JOURNAL OF THE SENATE At 11:57 o'clock A.M., Senator Deal of the 49th, President Pro Tempore, who was pre siding, announced the Senate adjourned until 9:15 o'clock A.M. tomorrow. FRIDAY, MARCH 1, 1991 1247 Senate Chamber, Atlanta, Georgia Friday, March 1, 1991 Thirty-second Legislative Day The Senate met pursuant to adjournment at 9:15 o'clock A.M. today and was called to order by the President. Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House: HB 800. By Representative Stancil of the 66th: A bill to provide that the school superintendent of the Oconee County School District shall be appointed by the board of education rather than elected. HB 841. By Representatives Snow of the 1st, Perry of the 5th and McCoy of the 1st: A bill to create the board of commissioners of Dade County. HB 866. By Representative Moultrie of the 93rd: A bill to amend an Act creating a new charter for the City of Hamilton, so as to increase the amount of the fine and the length of the sentence of imprisonment which may be imposed by the mayor's court in certain circumstances. HB 867. By Representative Ware of the 77th: A bill to provide a new board of commissioners of Heard County. HB 873. By Representatives Brush of the 83rd and Harris of the 84th: A bill to amend an Act providing for the election of members of the board of education of Columbia County, so as to provide that future school superintend ents shall be appointed by the board of education. HB 874. 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 provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmembers. HB 876. By Representatives Hammond of the 20th, Clark of the 20th, Post 3, Aiken of the 21st, Vaughan of the 20th, Atkins of the 21st and others: A bill to amend an Act creating a system of public schools for the City of Mari etta, so as to change the dates on which the city council shall advertise vacancies on the board of education and elect members to fill such vacancies. 1248 JOURNAL OF THE SENATE HB 877. By Representatives Clark of the 20th, Post 4, Coker of the 21st, Atkins of the 21st, Klein of the 21st, Clark of the 20th, Post 3 and others: A bill to amend an Act making provisions for the Magistrate Court of Cobb County, so as to provide qualifications for the chief magistrate, full-time magis trates, and part-time magistrates. HB 879. By Representative Green of the 106th: A bill to provide for the appointment and terms of the members of the Hospital Authority of Putnam County. HB 882. By Representatives Alford of the 57th, Baker of the 51st, Turnquest of the 56th, Oliver of the 53rd, Thomas of the 55th and others: A bill to create the City of DeKalb Study Commission. HB 884. By Representative Beatty of the 12th: A bill to provide a new charter for the City of Commerce. HB 885. By Representative Branch of the 137th: A bill to amend an Act creating the board of commissioners of Irwin county, so as to authorize the board to enter into such contracts and agreements as the board determines appropriate or necessary for the purpose of the county's own ing, leasing, or operating a correctional facility as a private, commercial enter prise to house and care for certain inmates other than county prisoners. HB 887. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st: A bill to amend an Act creating the State Court of Carroll County, so as to change the compensation of the judge of said court. HB 844. By Representatives Reaves of the 147th, Oliver of the 121st, Purcell of the 129th, Balkcom of the 140th and Branch of the 137th: A bill to amend Article 1 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to dealers in agricultural products, so as to change the defini tion of agricultural products. HB 731. By Representatives Royal of the 144th, Greene of the 130th, Skipper of the 116th and Harris of the 84th: A bill to amend Code Section 42-4-31 of the Official Code of Georgia Annotated, relating to safety measures required of persons in charge of certain detention facilities, so as to provide that certain municipal detention facilities shall be au thorized to utilize a full-time dispatcher as a full-time jailer under certain conditions. HB 653. By Representatives Harris of the 84th, Parham of the 105th and Barnett of the 10th: A bill to amend Code Section 48-10-2 of the Official Code of Georgia Annotated, relating to annual license fees for the operation of vehicles, so as to change the annual license fees applicable to certain house trailers, auto trailers, and boat trailers. FRIDAY, MARCH 1, 1991 1249 HB 727. By Representatives Cheeks of the 89th, Murphy of the 18th, Watson of the 114th, Watts of the 41st, Edwards of the 112th and others: A bill to amend Article 19 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to textbooks, so as to provide that all textbooks purchased with state funds shall remain the property of each local unit of administration to establish policies for the proper care and protection of its textbooks and provide sanctions against a pupil who fails or refuses to pay for a lost or damaged text book as a condition to receiving all or part of the state contributed Quality Basic Education Program funds allotted to the local unit. HB 396. By Representatives Harris of the 84th, Barnett of the 10th and Parham of the 105th: A bill to amend Code Section 35-1-4 of the Official Code of Georgia Annotated, relating to requirements for reporting stolen vehicles and license plates, so as to change certain reporting requirements. HB 772. By Representative Herbert of the 76th: A bill to amend Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating to operators of private detective and private security businesses, so as to revise provisions for the issuance of licenses generally; to revise qualifications for a license. HB 746. By Representative Floyd of the 154th: A bill to amend Part 1 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions applicable to seafood, so as to change the penalty for violation of certain provisions. HB 773. By Representative Bostick of the 138th: A bill to amend Code Section 34-9-1 of the Official Code of Georgia Annotated, relating to definitions applicable to workers' compensation, so as to provide that certain owner-operators of equipment shall be deemed to be independent contractors. HB 226. By Representatives Oliver of the 53rd, Thomas of the 69th, Chambless of the 133rd, Poston of the 2nd, Pettit of the 19th and others: A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to revise and replace the laws relating to nonprofit corporations. HB 707. By Representatives Balkcom of the 140th, McKelvey of the 15th, Moultrie of the 93rd and Meadows of the 91st: A bill to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions applicable to the "Georgia Boat Safety Act," so as to define a certain term; to repeal certain provisions relating to a penalty for late renewal of boat registrations. HB 474. By Representatives Orrock of the 30th, Morsberger of the 62nd, Redding of the 50th and Selman of the 32nd: A bill to amend Chapter 28 of Title 43 of the Official Code of Georgia Annotated, relating to the licensing of occupational therapists, so as to change definitions, to authorize the State Board of Occupational Therapy to contract for examination services; to modify licensure and examination requirements. 1250 JOURNAL OF THE SENATE HB 671. By Representative Purcell of the 129th: A bill to amend Code Section 40-6-3 of the Official Code of Georgia Annotated, relating to the application of the uniform rules of the road to highways and ex ceptions to such requirements, so as to provide that the uniform rules of the road shall apply to vehicles operated within a privately owned residential area under certain circumstances. HB 744. 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, and adult education, so as to provide for the approval of pilot projects to allow decategorization of funds for local units of administration or schools engaged in such projects; to provide criteria for pilot projects; to provide for review of pilot projects. The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate: SB 63. By Senator Kidd of the 25th: A bill to amend an Act providing for the appointment of the initial chief magis trate of the Magistrate Court of Hancock County and the election of subsequent chief magistrates, as amended, so as to change the provisions relating to the com pensation of the chief magistrate. The House has adopted by the requisite constitutional majority the following resolution of the House: HR 348. By Representatives Patten of the 149th, Breedlove of the 60th and Barfoot of the 120th: A resolution creating the Water Resource Conservation Management Study Committee. The House has adopted by the requisite constitutional majority the following resolution of the Senate: SR 247. By Senators Deal of the 49th and Garner of the 30th: A resolution relative to adjournment. The House has passed by the requisite constitutional majority the following bills of the House: HB 648. By Representatives Carter of the 146th and Patten of the 149th: A bill to amend Code Section 12-5-42 of the Official Code of Georgia Annotated, relating to cooperative efforts for the abatement of pollution, orders of abate ment, and hearings, so as to provide for cooperative efforts for the abatement of violations related to the withdrawal, diversion, or impoundment of surface water. HB 436. By Representatives Alford of the 57th, Irwin of the 57th, Teper of the 46th, Red ding of the 50th, Oliver of the 53rd and others: A bill to amend Code Section 17-6-4 of the Official Code of Georgia Annotated, relating to authorization of posting of cash bonds generally, so as to allow coun ties to dispose of unclaimed bonds posted for certain cases. FRIDAY, MARCH 1, 1991 1251 HB 235. By Representatives Snow of the 1st, Lane of the lllth, Mobley of the 64th, McCoy of the 1st, Meadows of the 91st and others: A bill to amend Chapter 5 of Title 45 of the Official Code of Georgia Annotated, relating to vacation of office, so as to provide for appointments to fill vacancies in the governing bodies of political subdivisions of this state notwithstanding that the remaining members of such bodies do not constitute a quorum. HB 446. By Representative Barnett of the 59th: A bill to amend Code Section 43-50-3 of the Official Code of Georgia Annotated, relating to definitions regarding veterinarians, so as to include certain dental pro cedures in the practice of veterinary medicine. HB 519. By Representative Holmes of the 28th: A bill to amend Code Section 15-11-41 of the Official Code of Georgia Annotated, as enacted by an Act approved April 16, 1990, relating to limitations of time on orders of disposition committing a delinquent or unruly child to the Division of Youth Services, so as to provide for additional periodic reviews. HB 670. By Representatives Klein of the 21st, Holmes of the 28th, Heard of the 43rd and Goodwin of the 63rd: A bill to amend Code Section 21-2-267 of the Official Code of Georgia Annotated, relating to equipment at polling places, so as to require that certain summaries of proposals to amend the Constitution or provide for a new Constitution be pro vided in polling places. HB 758. By Representatives Thomas of the 69th and Chambless of the 133rd: A bill to amend Article 6 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to peer review groups, so as to redefine the term "review organization" as used in such article; to change the provisions relating to confi dentiality of a review organization's records. HB 123. By Representatives Parham of the 105th, Barnett of the 10th and Harris of the 84th: 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 suspension or revocation of the drivers' licenses of persons convicted of misdemeanor possession of marijuana. HB 776. By Representative Dunn of the 73rd: A bill to amend Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to the licensing of insurance agents, solicitors, brokers, counselors, and adjusters, so as to provide for the licensing of administrators of certain life or accident and sickness insurance plans. HB 336. By Representatives Dover of the llth, Godbee of the 110th and Royal of the 144th: A bill to amend Code Section 48-8-63 of the Official Code of Georgia Annotated, relating to payment of tax by contractors furnishing tangible personal property and services, so as to increase the amount of certain bonds or legal securities which may be required of certain contractors. 1252 JOURNAL OF THE SENATE HB 769. By Representatives Dunn of the 73rd and Ware of the 77th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to establish standards and requirements for the operation of multiple employer self-insured health plans. The House has adopted by the requisite constitutional majority the following resolution of the House: HR 151. By Representatives Wilder of the 21st, Clark of the 20th, Post 4, Pinholster of the 8th, Klein of the 21st, Aiken of the 21st and others: A resolution urging and encouraging the United States Congress to override through legislation the decision of the Supreme Court of the United States in Pennsylvania v. Davenport. The following bills and resolutions of the Senate were introduced, read the first time and referred to committees: SB 441. By Senators Edge of the 28th and Garner of the 30th: 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 raise the additional remuneration that superior court clerks receive for certain services from $200.00 to $400.00 per month. Referred to Committee on Special Judiciary. SB 442. By Senator Johnson of the 47th: A bill to create a new board of commissioners of Franklin County; to provide for a chairman, members, elections, qualifications, districts, terms, and election pro cedures; to provide that the members of the former advisory board shall be ini tial members of the board of commissioners; to provide for vacancies; to provide for oaths of office and surety bonds; to provide for a clerk; to provide for meet ings; to provide for a county attorney; to provide for the compensation of the chairman and members of the board. Referred to Committee on Urban and County Affairs. SB 443. By Senator White of the 48th: A bill to provide a homestead exemption from all City of Sugar Hill ad valorem taxes for any city purposes, including but not limited to taxes to retire bonded indebtedness, in the amount of $2,000.00 of the assessed value of the homestead for residents of the City of Sugar Hill; 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. Referred to Committee on Urban and County Affairs. SR 246. By Senator Walker of the 43rd: A resolution creating the Georgia Senate Study Committee on County and Mu nicipal Employment Practices. Referred to Committee on Rules. SR 248. By Senators Gillis of the 20th, Johnson of the 47th, Hammill of the 3rd and others: A resolution changing the name of Colonel's Island in Glynn County to Vandiver Island in honor of former Governor S. Ernest Vandiver. Referred to Committee on Natural Resources. FRIDAY, MARCH 1, 1991 1253 SR 250. By Senators White of the 48th, Phillips of the 9th, Garner of the 30th and others: A resolution creating the Desert Storm Monument Commission. Referred to Committee on Defense and Veterans Affairs. SR 253. By Senator Broun of the 46th: A resolution creating the Senate Study Committee on Midwifery. Referred to Committee on Rules. The following bills and resolutions of the House were read the first time and referred to committees: HB 123. By Representatives Parham of the 105th, Barnett of the 10th and Harris of the 84th: 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 suspension or revocation of the drivers' licenses of persons convicted of misdemeanor possession of marijuana. Referred to Committee on Special Judiciary. HB 226. By Representatives Oliver of the 53rd, Thomas of the 69th, Chambless of the 133rd and others: A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to revise and replace the laws relating to nonprofit corporations. Referred to Committee on Judiciary. HB 235. By Representatives Snow of the 1st, Lane of the lllth, Mobley of the 64th and others: A bill to amend Chapter 5 of Title 45 of the Official Code of Georgia Annotated, relating to vacation of office, so as to provide for appointments to fill vacancies in the governing bodies of political subdivisions of this state notwithstanding that the remaining members of such bodies do not constitute a quorum. Referred to Committee on Governmental Operations. HB 336. By Representatives Dover of the llth, Godbee of the 110th and Royal of the 144th: A bill to amend Code Section 48-8-63 of the Official Code of Georgia Annotated, relating to payment of tax by contractors furnishing tangible personal property and services, so as to increase the amount of certain bonds or legal securities which may be required of certain contractors. Referred to Committee on Banking and Financial Institutions. HB 396. By Representatives Harris of the 84th, Barnett of the 10th and Parham of the 105th: A bill to amend Code Section 35-1-4 of the Official Code of Georgia Annotated, relating to requirements for reporting stolen vehicles and license plates, so as to change certain reporting requirements. Referred to Committee on Public Safety. 1254 JOURNAL OF THE SENATE HB 436. By Representatives Alford of the 57th, Irwin of the 57th, Teper of the 46th and others: A bill to amend Code Section 17-6-4 of the Official Code of Georgia Annotated, relating to authorization of posting of cash bonds generally, so as to allow coun ties to dispose of unclaimed bonds posted for certain cases. Referred to Committee on Special Judiciary. HB 446. By Representative Barnett of the 59th: A bill to amend Code Section 43-50-3 of the Official Code of Georgia Annotated, relating to definitions regarding veterinarians, so as to include certain dental pro cedures in the practice of veterinary medicine. Referred to Committee on Agriculture. HB 474. By Representatives Orrock of the 30th, Morsberger of the 62nd, Redding of the 50th and Selman of the 32nd: A bill to amend Chapter 28 of Title 43 of the Official Code of Georgia Annotated, relating to the licensing of occupational therapists, so as to change definitions, to authorize the State Board of Occupational Therapy to contract for examination services; to modify licensure and examination requirements. Referred to Committee on Health and Human Services. HB 519. By Representative Holmes of the 28th: A bill to amend Code Section 15-11-41 of the Official Code of Georgia Annotated, as enacted by an Act approved April 16, 1990, relating to limitations of time on orders of disposition committing a delinquent or unruly child to the Division of Youth Services, so as to provide for additional periodic reviews. Referred to Committee on Youth, Aging and Human Ecology. HB 648. By Representatives Carter of the 146th and Patten of the 149th: A bill to amend Code Section 12-5-42 of the Official Code of Georgia Annotated, relating to cooperative efforts for the abatement of pollution, orders of abate ment, and hearings, so as to provide for cooperative efforts for the abatement of violations related to the withdrawal, diversion, or impoundment of surface water. Referred to Committee on Natural Resources. HB 653. By Representatives Harris of the 84th, Parham of the 105th and Barnett of the 10th: A bill to amend Code Section 48-10-2 of the Official Code of Georgia Annotated, relating to annual license fees for the operation of vehicles, so as to change the annual license fees applicable to certain house trailers, auto trailers, and boat trailers. Referred to Committee on Public Safety. HB 670. By Representatives Klein of the 21st, Holmes of the 28th, Heard of the 43rd and Goodwin of the 63rd: A bill to amend Code Section 21-2-267 of the Official Code of Georgia Annotated, relating to equipment at polling places, so as to require that certain summaries of proposals to amend the Constitution or provide for a new Constitution be pro vided in polling places. Referred to Committee on Governmental Operations. FRIDAY, MARCH 1, 1991 1255 HB 671. By Representative Purcell of the 129th: A bill to amend Code Section 40-6-3 of the Official Code of Georgia Annotated, relating to the application of the uniform rules of the road to highways and ex ceptions to such requirements, so as to provide that the uniform rules of the road shall apply to vehicles operated within a privately owned residential area under certain circumstances. Referred to Committee on Transportation. HB 707. By Representatives Balkcom of the 140th, McKelvey of the 15th, Moultrie of the 93rd and Meadows of the 91st: A bill to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions applicable to the "Georgia Boat Safety Act," so as to define a certain term; to repeal certain provisions relating to a penalty for late renewal of boat registrations. Referred to Committee on Public Safety. HB 727. By Representatives Cheeks of the 89th, Murphy of the 18th, Watson of the 114th and others: A bill to amend Article 19 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to textbooks, so as to provide that all textbooks purchased with state funds shall remain the property of each local unit of administration to establish policies for the proper care and protection of its textbooks and provide sanctions against a pupil who fails or refuses to pay for a lost or damaged text book as a condition to receiving all or part of the state contributed Quality Basic Education Program funds allotted to the local unit. Referred to Committee on Education. HB 731. By Representatives Royal of the 144th, Greene of the 130th, Skipper of the 116th and Harris of the 84th: A bill to amend Code Section 42-4-31 of the Official Code of Georgia Annotated, relating to safety measures required of persons in charge of certain detention facilities, so as to provide that certain municipal detention facilities shall be au thorized to utilize a full-time dispatcher as a full-time jailer under certain conditions. Referred to Committee on Public Safety. HB 744. 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, and adult education, so as to provide for the approval of pilot projects to allow decategorization of funds for local units of administration or schools engaged in such projects; to provide criteria for pilot projects; to provide for review of pilot projects. Referred to Committee on Education. HB 746. By Representative Floyd of the 154th: A bill to amend Part 1 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions applicable to seafood, so as to change the penalty for violation of certain provisions. Referred to Committee on Natural Resources. HB 758. By Representatives Thomas of the 69th and Chambless of the 133rd: A bill to amend Article 6 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to peer review groups, so as to redefine the term "review 1256 JOURNAL OF THE SENATE organization" as used in such article; to change the provisions relating to confi dentiality of a review organization's records. Referred to Committee on Special Judiciary. HB 769. By Representatives Dunn of the 73rd and Ware of the 77th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to establish standards and requirements for the operation of multiple employer self-insured health plans. Referred to Committee on Insurance and Labor. HB 772. By Representative Herbert of the 76th: A bill to amend Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating to operators of private detective and private security businesses, so as to revise provisions for the issuance of licenses generally; to revise qualifications for a license. Referred to Committee on Governmental Operations. HB 773. By Representative Bostick of the 138th: A bill to amend Code Section 34-9-1 of the Official Code of Georgia Annotated, relating to definitions applicable to workers' compensation, so as to provide that certain owner-operators of equipment shall be deemed to be independent contractors. Referred to Committee on Insurance and Labor. HB 776. By Representative Dunn of the 73rd: A bill to amend Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to the licensing of insurance agents, solicitors, brokers, counselors, and adjusters, so as to provide for the licensing of administrators of certain life or accident and sickness insurance plans. Referred to Committee on Insurance and Labor. HB 844. By Representatives Reaves of the 147th, Oliver of the 121st, Purcell of the 129th and others: A bill to amend Article 1 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to dealers in agricultural products, so as to change the defini tion of agricultural products. Referred to Committee on Agriculture. HB 800. By Representative Stancil of the 66th: A bill to provide that the school superintendent of the Oconee County School District shall be appointed by the board of education rather than elected. Referred to Committee on Urban and County Affairs. HB 841. By Representatives Snow of the 1st, Perry of the 5th and McCoy of the 1st: A bill to create the board of commissioners of Dade County. Referred to Committee on Urban and County Affairs. HB 866. By Representative Moultrie of the 93rd: A bill to amend an Act creating a new charter for the City of Hamilton, so as to increase the amount of the fine and the length of the sentence of imprisonment which may be imposed by the mayor's court in certain circumstances. Referred to Committee on Urban and County Affairs. FRIDAY, MARCH 1, 1991 1257 HB 867. By Representative Ware of the 77th: A bill to provide a new board of commissioners of Heard County. Referred to Committee on Urban and County Affairs. HB 873. By Representatives Brush of the 83rd and Harris of the 84th: A bill to amend an Act providing for the election of members of the board of education of Columbia County, so as to provide that future school superintend ents shall be appointed by the board of education. Referred to Committee on Urban and County Affairs. HB 874. 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 provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmembers. Referred to Committee on Urban and County Affairs. HB 876. By Representatives Hammond of the 20th, Clark of the 20/3, Aiken of the 21st and others: A bill to amend an Act creating a system of public schools for the City of Mari etta, so as to change the dates on which the city council shall advertise vacancies on the board of education and elect members to fill such vacancies. Referred to Committee on Urban and County Affairs. HB 877. By Representatives Clark of the 20/4, Coker of the 21st, Atkins of the 21st and others: A bill to amend an Act making provisions for the Magistrate Court of Cobb County, so as to provide qualifications for the chief magistrate, full-time magis trates, and part-time magistrates. Referred to Committee on Urban and County Affairs. HB 879. By Representative Green of the 106th: A bill to provide for the appointment and terms of the members of the Hospital Authority of Putnam County. Referred to Committee on Urban and County Affairs. HB 882. By Representatives Alford of the 57th, Baker of the 51st, Turnquest of the 56th and others: A bill to create the City of DeKalb Study Commission. Referred to Committee on Urban and County Affairs. HB 884. By Representative Beatty of the 12th: A bill to provide a new charter for the City of Commerce. Referred to Committee on Urban and County Affairs. HB 885. By Representative Branch of the 137th: A bill to amend an Act creating the board of commissioners of Irwin county, so as to authorize the board to enter into such contracts and agreements as the board determines appropriate or necessary for the purpose of the county's own ing, leasing, or operating a correctional facility as a private, commercial enter prise to house and care for certain inmates other than county prisoners. Referred to Committee on Urban and County Affairs. 1258 JOURNAL OF THE SENATE HB 887. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st: A bill to amend an Act creating the State Court of Carroll County, so as to change the compensation of the judge of said court. Referred to Committee on Urban and County Affairs. HR 151. By Representatives Wilder of the 21st, Clark of the 20/4, Pinholster of the 8th and others: A resolution urging and encouraging the United States Congress to override through legislation the decision of the Supreme Court of the United States in Pennsylvania v. Davenport. Referred to Committee on Judiciary. HR 348. By Representatives Patten of the 149th, Breedlove of the 60th and Barfoot of the 120th: A resolution creating the Water Resource Conservation Management Study Committee. Referred to Committee on Natural Resources. The following reports of standing committees were read by the Secretary: Mr. President: The Committee on Corrections has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation: HB 248. Do pass by substitute. Respectfully submitted, Senator Ray of the 19th District, Chairman Mr. President: The Committee on Higher Education has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation: HB 695. Do pass. Respectfully submitted, Senator Hammill of the 3rd District, Chairman Mr. President: The Committee on Insurance and Labor has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the follow ing recommendation: HB 279. Do pass by substitute. Respectfully submitted, Senator Pollard of the 24th District, Chairman Mr. President: The Committee on Natural Resources has had under consideration the following bills FRIDAY, MARCH 1, 1991 1259 and resolution of the House and has instructed me to report the same back to the Senate with the following recommendations: HR 337. Do pass. HB 706. Do pass. HB 558. Do pass. HB 709. Do pass. Respectfully submitted, Senator Gillis of the 20th District, Chairman Mr. President: The Committee on Public Safety has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 133. Do pass. HB 531. Do pass. HB 139. Do pass. HB 646. Do pass by substitute. HB 232. Do pass. Respectfully submitted, Senator Bowen of the 13th District, Chairman Mr. President: The Committee on Retirement has had under consideration the following bills and reso lution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SR 225. Do pass. HB 637. Do pass. HB 296. Do pass. HB 483. Do pass. HB 656. Do pass. HB 478. Do pass. Respectfully submitted, Senator Tate of the 38th 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 419. Do pass. HB 853. Do pass. SB 428. Do pass. HB 856. Do pass. HB 843. 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 106. By Senator Kidd of the 25th: A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration and the State Merit System of Personnel Administration, so as to repeal certain provisions relating to procedures for ad verse action against permanent status employees generally and procedures for conduct of hearings and appeals relating to adverse personnel actions. 1260 JOURNAL OF THE SENATE SB 320. By Senator Robinson of the 16th: A bill to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, so as to provide for the offense of misappropriation of trade secrets; to provide for definitions; to provide for a penalty. SB 376. By Senators Starr of the 44th, Collins of the 17th and Bowen of the 13th: A bill to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions regarding law enforcement officers and agencies, so as to prohibit the inspection or copying of certain law enforcement agency records for use in any commercial solicitation of certain victims or relatives of such victims; to provide for applicability; to provide for a criminal penalty; to provide for an effective date. SB 388. By Senator Deal of the 49th: A bill 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. SB 394. By Senator Pollard of the 24th: A bill to amend Code Section 19-5-5 of the Official Code of Georgia Annotated, relating to petitions for divorce, their contents and verification, and demands for a detailed statement, so as to provide that the petition shall show the dates of birth of the petitioner and the respondent. SB 395. By Senator Robinson of the 16th: A bill to amend Code Section 40-8-76.1 of the Official Code of Georgia Anno tated, relating to the use of seat safety belts in passenger vehicles, so as to pro vide that a person who fails to comply with certain provisions relating to the use of seat safety belts and who is also charged with violating any provision of Chap ter 6 of Title 40 or of violating any lawful ordinance adopted by a local governing authority regulating the operation of motor vehicles shall be guilty of the offense of failure to wear a seat safety belt. SB 407. By Senator Starr of the 44th: A bill to amend Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, the "Nonpublic Postsecondary Educational Institutions Act of 1990," so as to change certain exemptions; to provide an effective date. SB 410. By Senators Johnson of the 47th, Deal of the 49th, Garner of the 30th and Thompson of the 33rd: A bill to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to management of budgetary and financial affairs, so as to require the submission of certain five-year strategic plans by each budget unit in conjunction with budget estimates. SB 415. By Senators Johnson of the 47th, Deal of the 49th, Baldwin of the 29th and Edge of the 28th: A bill to amend Article 1 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to purchase of liability insurance or contracts of indemnity for public officers and employees generally, so as to repeal the provisions that nothing in such article shall constitute a waiver of the immunity of the state from any action nor shall the exercise of authority provided in such article con stitute the provision of liability insurance protection. FRIDAY, MARCH 1, 1991 1261 SB 416. By Senators Gillis of the 20th, Dean of the 31st and Hammill of the 3rd: A bill to amend Code Section 43-45-8 of the Official Code of Georgia Annotated, relating to the general powers and duties of the State Structural Pest Control Commission, so as to expand the licensing powers of the commission; to provide for a research fee; to provide the manner in which the research fee shall be established. SB 417. By Senators Dawkins of the 45th, Taylor of the 12th, Robinson of the 16th and Foster of the 50th: 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 change the conditions under which certain students may be counted for high school programs while enrolled in postsecondary institutions; to provide for definitions. SB 422. By Senators Scott of the 36th, Foster of the 50th, Deal of the 49th and others: A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children, so as to provide for creation of a demonstration family resource center program; to provide for services to be made available in such centers. SB 426. By Senator Kidd of the 25th: A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for the establishment of the Executive Fellows Program; to provide for development of criteria for recruitment, selection, and assignment of executive fellows; to provide for appointment of the selection committee. SB 429. By Senators Kidd of the 25th and Scott of the 36th: A bill to amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to provide that the Board of Human Resources, the Department of Human Resources, and the Divi sion of Youth Services shall adopt policies for implementing youth development center based decision making; to define certain terms; to provide for a youth development center council to be composed of house parents, a teacher, a juve nile, and employees of the center. SB 430. By Senators Scott of the 36th and Kidd of the 25th: 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 designation of community innovation zones; to provide for their powers and du ties; to provide for development of decategorization of resources for children and youth services; to provide for development of alternative reimbursement systems. SB 431. By Senator Deal of the 49th: A bill to amend Code Section 9-13-140 of the Official Code of Georgia Annotated, relating to how judicial sales are advertised, so as to change the provisions relat ing to which newspaper shall advertise judicial sales. SB 433. By Senators Tate of the 38th, Foster of the 50th, Ray of the 19th 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 create in the De partment of Education an office of minority educator recruitment; to provide for purposes and reports. 1262 JOURNAL OF THE SENATE SR 43. By Senator Dean of the 31st: A resolution creating the Senate Music Industry Committee, an interim study committee, and a citizens' advisory council thereto. SR 198. By Senators Harris of the 27th, Gillis of the 20th, Collins of the 17th and John son of the 47th: A resolution authorizing the State Properties Commission to negotiate a lease of certain tracts of state owned real property in High Falls State Park and Watson Bridge State Park; to set terms; to provide an effective date. SR 229. By Senator Shumake of the 39th: A resolution urging the Department of Human Resources to request a waiver from the federal Department of Health and Human Services. SR 232. By Senator Kidd of the 25th: A resolution creating the Senate Study Committee on the regulation of Physi cian's Assistants. SR 233. By Senator Echols of the 6th: A resolution commending Mr. Roger E. James and designating the Roger E. James Bridge. SR 235. By Senator Huggins of the 53rd: A resolution designating the Lyle Jones Parkway. HB 69. By Representatives Thomas of the 69th and Groover of the 99th: A bill to amend Article 1 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to certiorari and appeals to appellate courts in general, so as to change the bill of costs in every case carried to the Supreme Court or to the Court of Appeals to $100.00. HB 70. By Representatives Thomas of the 69th and Groover of the 99th: 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. HB 72. By Representatives Twiggs of the 4th, Murphy of the 18th, Coleman of the 118th and others: A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia Controlled Substances Act," so as to compre hensively change the provisions relating to forfeitures of real or personal prop erty acquired with proceeds from the manufacture, distribution, or sale of a con trolled substance or marijuana or exchanged for a controlled substance or marijuana or used to facilitate a violation of said "Georgia Controlled Substances Act". HB 199. By Representatives Irwin of the 57th and Oliver of the 53rd: 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 add to the Council of Juve nile Court Judges associate juvenile court judges; to change certain procedures regarding associate judges of the juvenile courts; to provide that associate juve nile court judges may perform marriage ceremonies. FRIDAY, MARCH 1, 1991 1263 HB 217. By Representatives Brown of the 88th, Symre of the 92nd and Martin of the 26th: A bill to amend Chapter 22 of Title 45 of the Official Code of Georgia Annotated, the "Public Employee Hazardous Chemical Protection and Right to Know Act of 1988," so as to delete provisions requiring the promulgation and review of the Georgia Hazardous Chemical List. HB 233. By Representatives Dixon of the 151st, Dover of the llth, Walker of the 115th and others: A bill to amend Code Section 48-5-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the ad valorem taxation of property, so as to provide that restrictions or limitations on the use of land resulting from state or federal law or rules or regulations adopted pursuant thereto shall be considered in determining fair market value. HB 251. By Representatives Randall of the 101st, Bostick of the 138th, Irwin of the 57th and Turnquest of the 56th: A bill to amend Article 1 of Chapter 4 of Title 53 of the Official Code of Georgia Annotated, relating to descent and distribution of deceased's estates, so as to provide that a child or children born out of wedlock may inherit from or through the father under certain conditions; to provide that the father and other paternal kin may inherit from or through a child born out of wedlock under certain conditions. HB 264. By Representative Twiggs of the 4th: A bill to amend Part 1 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to the equalization of assessments of property for ad valorem tax purposes, so as to provide that county property appraisal staff and members of county boards of tax assessors may go upon property outside of buildings to carry out the duty of making appraisals of the fair market value of taxable property. HB 272. By Representative Pettit of the 19th: A bill to amend Chapter 11 of Title 25 of the Official Code of Georgia Annotated, known as the "Georgia Fire Sprinkler Act," so as to change the definition of the terms "fire protection sprinkler system" and "water-spray system"; to provide that the installation or repair of any underground facilities or piping which con nects to and furnishes water for the fire protection sprinkler system or waterspray system shall be performed only by a utility contractor or fire protection sprinkler contractor. HB 292. By Representative Reaves of the 147th: A bill to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to enact the "Equine Activities Immunity Act". HB 413. By Representatives Dover of the llth, Godbee of the 110th and Royal of the 144th: A bill to amend Article 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current income tax payment, so as to change certain provi sions regarding the filing of monthly and quarterly returns. HB 420. By Representative Hammond of the 20th: A bill to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal excise tax levies on charges to the public for 1264 JOURNAL OF THE SENATE rooms, lodgings, and accommodations, so as to provide authorization with certain conditions for certain counties and municipalities to levy such tax. HB 429. By Representatives Walker of the 115th, Groover of the 99th, Watson of the 114th and others: A bill to amend Code Section 47-9-60 of the Official Code of Georgia Annotated, relating to the office of senior judge, so as to provide that a judge who is receiving a disability retirement benefit is authorized to become a senior judge. HB 438. By Representative Reaves of the 147th: A bill to amend Article 1 of Chapter 6 of Title 4 of the Official Code of Georgia Annotated, relating to livestock dealers, so as to provide that a person who purchases leased livestock from or a commission merchant who sells leased live stock for the lessee of such livestock shall not be liable to the owner or lessor of such livestock unless, prior to the purchase or sale, the purchaser or commission merchant has received written notice of the owner's or lessor's ownership interest in such livestock. HB 450. By Representatives Snow of the 1st, Mobley of the 64th, Padgett of the 86th and others: A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Administrative Services and state purchasing in general, so as to provide that the policy of the state is that all bills owed by the state and its institutions and agencies will be paid in a timely manner. HB 454. By Representative Twiggs of the 4th: A bill to amend Code Section 45-9-86 of the Official Code of Georgia Annotated, relating to applications for indemnification with respect to law enforcement of ficers, firemen, prison guards, and emergency medical technicians killed or per manently disabled in the line of duty so as to change the time by which applica tions must be filed for indemnification with respect to certain law enforcement officers, firemen, or prison guards permanently disabled in the line of duty. HB 456. By Representatives Dover of the llth, Coleman of the 118th, Walker of the 115th and others: A bill to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to the computation of taxable net income for state income tax purposes, so as to provide for an additional adjustment with respect to capital gains; to provide for an effective date and applicability. HB 469. By Representatives Thomas of the 69th, Chambless of the 133rd, Lee of the 72nd and Groover of the 99th: 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 the time of a crime, so as to provide that the Department of Human Resources shall have the independent right once every 12 months to request a release hearing for a defendant; to provide for criteria for the court to maintain custody and control of the defendant. HB 492. By Representative Lawson of the 9th: A bill to amend Article 2 of Chapter 5 of Title 24 of the Official Code of Georgia Annotated, relating to copies of writings as evidence, so as to provide for the admissibility into evidence of certain noneraseable optical image reproductions. FRIDAY, MARCH 1, 1991 1265 HB 526. By Representatives Aiken of the 21st, Vaughan of the 20th and Coker of the 21st: A bill to amend Article 2 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to traffic signs, signals, and markings, so as to provide that it shall be unlawful for any person to place or install any blue retroreflective raised pavement marker on any public highway, road, or street. HB 528. By Representatives Dobbs of the 74th, Walker of the 115th, Watson of the 114th and others: A bill to amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics' and materialmen's liens, so as to provide for the preclusion of the waiver of mechanics' lien and bond rights in advance of performance of labor or provision of materials. HB 576. By Representative Lord of the 107th: 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 modify the provisions for registration of apprenticeship. HB 578. By Representatives Coleman of the 118th, Poston of the 2nd and Colwell of the 4th: A bill to amend Code Section 50-9-5 of the Official Code of Georgia Annotated, relating to the general powers of the Georgia Building Authority, so as to provide that the Georgia Building Authority may acquire and dispose of real property for railroad operations. HB 660. By Representative Reaves of the 147th: A bill to amend Code Section 2-8-53 of the Official Code of Georgia Annotated, relating to membership of the Agricultural Commodity Commission for Peanuts, so as to provide that if only one person qualifies for a position on the commis sion, no election shall be required for that position and that person shall auto matically become a member of the commission. HB 674. By Representative Groover of the 99th: A bill to amend Code Section 32-3-1 of the Official Code of Georgia Annotated, relating to the authority to acquire property for public road and other transpor tation purposes, so as to provide that a public road purpose shall include state and federal required wetland mitigation. HB 739. By Representatives Chambless of the 133rd, Thomas of the 69th and Pettit of the 19th: A bill to amend Article 1 of Chapter 9 of Title 14 of the Official Code of Georgia Annotated, relating to general provisions relative to the Georgia Revised Uni formed Limited Partnership Act, so as to change the provisions relating to in demnification of partners and other persons. HR 157. By Representatives Holmes of the 28th, McKinney of the 35th, Orrock of the 30th and others: A resolution designating the Lorenzo Benn Youth Development Center. HR 286. By Representatives Smith of the 152nd, Coleman of the 118th, Benefield of the 72nd and others: A resolution endorsing Amtrak's proposed resumption of passenger rail service between Chicago and Florida with extensive service through Georgia. 1266 JOURNAL OF THE SENATE HR 290. By Representatives Smyre of the 92nd, McKelvey of the 15th, Griffin of the 6th and others: A resolution creating the Joint Workers' Compensation Task Force. HR 318. By Representatives Walker of the 115th, Ray of the 98th, Groover of the 99th and others: A resolution designating the John T. McKenzie Bridge. HR 349. By Representative Poag of the 3rd: A resolution designating the Woody Glenn Highway. Senator Coleman of the 1st moved that Senator Hammill of the 3rd be excused from the Senate today due to illness. On the motion, the yeas were 30, nays 0; the motion prevailed, and Senator Hammill of the 3rd was excused from the Senate today. The President called for the morning roll call, and the following Senators answered to their names: Albert Alien Baldwin Bowen Broun Burton Clay Coleman Collins Deal Dean Echols Edge Egan English Foster Garner Gillis Harris Hasty Henson Hill Hooks Huggins Kidd Marable Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 32nd Ramsey Ray Scott Shumake Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not answering were Senators: Bishop Dawkins Hammill (excused) Johnson Langford Moye Ragan of 10th Robinson Senator Edge of the 28th introduced the chaplain of the day, Dr. Ed Hoard, pastor of the Second Baptist Church, Griffin, Georgia, who offered scripture reading and prayer. The following resolutions of the Senate were read and adopted: SR 244. By Senator Bowen of the 13th: A resolution commending Miss Charla Parker, the 1990 Georgia Watermelon Queen. FRIDAY, MARCH 1, 1991 1267 SR 245. By Senator Bowen of the 13th: A resolution commending Ruth Hemperley. SR 249. By Senator English of the 21st: A resolution commending Mr. John Lindsey. SR 251. By Senator Broun of the 46th: A resolution expressing regret at the passing of Mr. Howard Beavers. SR 252. By Senator Broun of the 46th: A resolution expressing regret at the passing of Mr. James Rayford "Jim Buck" Goff, Sr. SR 254. By Senator Broun of the 46th: A resolution commending and recognizing Ms. Ellen Erwin Hardy of Commerce, Georgia. SR 255. By Senator Collins of the 17th: A resolution commending Betty English. SR 256. By Senator Collins of the 17th: A resolution commending Richard Ballard. SR 257. By Senator Pollard of the 24th: A resolution commending Mrs. Jo Rider Randall. SR 258. By Senators Foster of the 50th, Deal of the 49th and Starr of the 44th: A resolution commending Delta Air Lines on its 50th anniversary as an Atlanta based company. Lieutenant Governor Howard introduced Major General Jerry D. Sanders, Adjutant General of Georgia. Lieutenant Governor Howard and Senator Perry of the 7th introduced General Hansford T. Johnson, who, having been commended by SR 226 adopted previously, briefly ad dressed the Senate. 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 March 1, 1991 THIRTY-SECOND LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) SB 419 Kidd, 25th A bill to change the number of magistrates for the Magistrate Court of Putnam County; to change the provisions relating to compensation of the magis trates other than the chief magistrate. 1268 JOURNAL OF THE SENATE SB 428 Hasty, 51st Clay, 37th A bill to change the membership of the Cherokee Water and Sewerage Au thority. HB 843 Echols, 6th Hammill, 3rd A bill to provide a new charter for the City of Brunswick. HB 853 Foster, 50th A bill to provide for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of White County. The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to. On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Bishop Clay Coleman Collins Dawkins SI Echols Egan English Foster Garner Gillis Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Olmstead Perdue Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Tate Taylor Thompson Timmons Turner Tysinger Walker of 43rd Those not voting were Senators: Alien Baldwin Bowen Broun Burton Edge Hammill (excused) Langford Perry Shumake Walker of 22nd White On the passage of all the local bills, the yeas were 44, nays 0. All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed. SENATE RULES CALENDAR Friday, March 1, 1991 THIRTY-SECOND LEGISLATIVE DAY SB 268 Biomedical Waste Thermal Treatment Technology Facility--no permit issued (Substitute) (Nat R--36th) FRIDAY, MARCH 1, 1991 1269 SB 297 Telephone Records--certain disclosure by phone company unlawful (Substitute) (F&PU--42nd) SB 336 Pawnshop Charges--repeal motor vehicle exemption from limitation provision (Substitute) (S Judy--43rd) SR 190 Joint Study Committee for Regional Development Centers--create (Rules--1st) SB 381 Water Pollution Control Plants--phosphorus amount allowed in discharge (Sub stitute) (Nat R--29th) SB 384 Superior Court Clerks--office hours (Gov Op--24th) SB 375 Works of Fine Art--duplication conditions (Amendment) (Gov Op--23rd) SB 396 County Boards of Education--adopt policy on term of chairman (Ed--49th) SB 339 Vehicle Towing--lien provisions when fee due (Substitute) (S Judy--28th) SB 374 Ferret--lawful to hold without license (Nat R--7th) SB 385 Underground Storage Tank Trust Fund--environmental assurance fees (Nat R--21st) SB 294 Hospital Authorities--operate projects in other cities/counties (H&HS--33rd) SB 382 Recall Act--provisions on grounds for recall (Gov Op--25th) SB 365 Emergency Medical Services Personnel--remove certain requirements (H&HS--3rd) SB 412 Teacher of the Year--salary increase for person selected (Ed--50th) SB 350 Motor Vehicle Theft--boot camp incarceration (Substitute) (S Judy--20th) SB 372 Insurance Premium Tax Proceeds--used for road improvements (I&L--6th) SB 379 Georgia Register Act--enact (Gov Op--25th) SB 181 Cosmetologists--continuing education (Amendment) (Gov Op--30th) SB 389 Wineries--maximum number of tasting rooms set by revenue commissioner (Substitute) (F&PU--25th) HB 763 Correctional Industries Administration--method of compensation to executive officer (Amendment) (Gov Op--25th) HB 482 Indigent Care Trust Fund--when contributions may be made (H&HS--26th) 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 268. By Senators Scott of the 36th, Henson of the 55th, Deal of the 49th and others: A bill to amend Code Section 12-8-23.1 of the Official Code of Georgia Anno tated, relating to powers and duties of the director of the Environmental Protec tion Division of the Department of Natural Resources, so as to provide that no permit shall be issued to operate a biomedical waste thermal treatment technol ogy facility in this state. The Senate Committee on Natural Resources offered the following substitute to SB 268: 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," so as to define a certain term; to provide that no permit shall be issued to operate certain biomedical waste thermal treatment technology facilities in this state before a cer- 1270 JOURNAL OF THE SENATE tain date; to provide for exemptions; 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 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Comprehensive Solid Waste Management Act," is amended by in serting immediately following paragraph (1) of Code Section 12-8-22, relating to definitions applicable to such part, a new paragraph (1.1) to read as follows: "(1.1) 'Biomedical waste thermal treatment technology facility' means any solid waste handling facility, the purpose of which is to reduce the amount of biomedical waste to be disposed of through a process of combustion with or without the process of waste to energy." Section 2. Said part is further amended by striking in its entirety subsection (c) of Code Section 12-8-23.1, relating to powers and duties of the director of the Environmental Protec tion Division of the Department of Natural Resources, which reads 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 state sufficient disposal facilities for biomedical waste being generated or expected to be generated within the state. For purposes of this part, '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.", and inserting in lieu thereof a new subsection (c) to read as follows: "(c) (1) The director shall not issue a permit for any biomedical waste thermal treat ment technology facility unless the applicant 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; provided, however, that the director shall not issue any such permit under any conditions prior to the date the United States Environmental Protection Agency issues source performance standards as required by the federal Clean Air Act of 1990 (Public Law 101-549, Title III, Section 305). (2) (A) Paragraph (1) of this subsection shall not apply to any biomedical waste treat ment facility which is operated exclusively by a private biomedical waste generator on prop erty owned by the private biomedical waste generator for the purpose of accepting biomedi cal waste, at least 33 percent of which is generated by such biomedical waste generator and the remaining percentage of which is generated by a medical facility, as such term is defined in Code Section 31-7-1, located in this state. 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 regional 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 disposed of by the private biomedical waste generator in its own biomedical FRIDAY, MARCH 1, 1991 1271 waste treatment facility prior to any substantial reduction in the amount of biomedical waste accepted by the biomedical waste treatment facility or its closure. (B) Nothing in paragraph (1) of this subsection shall be construed to prohibit the trans portation of biomedical waste from one medical facility, as such term is defined in Code Section 31-7-1, to another for disposal in a biomedical waste thermal treatment technology facility. (C) Paragraph (1) of this subsection shall not affect any permit issued prior to July 1, 1991, or any reissue or modification of any such permit." Section 3. Said part is further amended by striking in its entirety subsection (a) of Code Section 12-8-24, relating to permits for solid waste handling and solid waste handling facili ties, and inserting in lieu thereof the following: "(a) No person shall engage in solid waste, biomedical waste, or special solid waste han dling in Georgia or construct or operate a solid waste handling facility or a biomedical waste thermal treatment technology facility in Georgia, except those individuals exempted from this part under Code Section 12-8-30.10, without first obtaining a permit from the director authorizing such activity." Section 4. 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 Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan Foster Garner Harris Hasty Henson Hill Huggins Johnson Kidd Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: English Gillis Hammill (excused) Hooks Langford On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. 1272 JOURNAL OF THE SENATE SB 297. By Senator Steinberg of the 42nd: A bill to amend Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions concerning telephone service, so as to make it unlawful for any telephone company or employee or agent thereof to disclose to a third party any personally identifiable long-distance toll records, mobile telephone records, or other information concerning a customer's telephone communications; to provide exceptions. The Senate Committee on Finance and Public Utilities offered the following substitute to SB 297: A BILL To be entitled an Act to amend Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions concerning telephone ser vice, so as to make it unlawful for any telephone company or employee or agent thereof to disclose to a third party any personally identifiable long-distance toll records, mobile tele phone records, or other information concerning a customer's telephone communications; to provide exceptions; to require notification of a customer when his telephone records are subject to a subpoena; to require certain governmental entities to present certain evidence before obtaining information concerning a customer's telephone communications; to pro hibit a telephone company representative who has been subpoenaed from disclosing certain personally identifiable information concerning the telephone records of a customer except under limited conditions; to provide for civil actions against a telephone company or its agent or employee for unlawfully disclosing telephone record information concerning a cus tomer; to provide for damages; to authorize the recovery of reasonable attorney's fees and litigation expenses by a customer if the court determines that there was no reasonable basis for seeking disclosure of the customer's records; to provide that remedies provided in this Act are in addition to other lawful remedies; to provide for applicability; to repeal conflict ing laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions concerning telephone service, as amended by ad ding at the end thereof a new Code Section 46-5-26 to read as follows: "46-5-26. (a) Except as otherwise provided in this Code section, it shall be unlawful for any telephone company providing telephone service to customers within the State of Geor gia or any employee or agent thereof to disclose to a third party any personally identifiable long-distance toll records, mobile telephone records, or other information concerning a cus tomer's telephone communications. (b) A telephone company may disclose information concerning a customer's telephone communications to a third party if the disclosure is made: (1) Pursuant to prior written consent from the customer whose records are sought spe cifically authorizing disclosure to the requesting party; (2) To a governmental law enforcement or regulatory agency or officer in response to a subpoena issued by such agency or officer or issued by a court of competent jurisdiction; (3) To a governmental entity other than a law enforcement or regulatory agency pursu ant to an order of a court of competent jurisdiction authorizing such disclosure as provided in paragraph (1) of subsection (d) of this Code section; or (4) In response to a subpoena issued by a court of competent jurisdiction or a govern ment agency in a contested case as provided in paragraph (2) of subsection (d) of this Code section. A copy of the subpoena shall be served by the requesting party on the customer whose records are sought at least ten days prior to the return date of the subpoena, unless the court allows a shorter time. FRIDAY, MARCH 1, 1991 1273 (c) A governmental entity other than a law enforcement or regulatory agency may ob tain personally identifiable records concerning a telephone company customer pursuant to a court order only if such governmental entity offers sworn evidence which: (1) States facts sufficient to show probable cause that a crime is being committed or has been committed; (2) Describes with particularity the information or documents sought; and (3) Shows that the information or documents sought are material to the case. (d) (1) Unless ordered to do so by the court or a governmental entity other than a law enforcement or regulatory agency issuing the subpoena, a telephone company representative responding to a subpoena may not be required to testify or produce documents disclosing specific telephone calls made by or charged to any customer, including the time and date of the call, the location of the party or parties called, and the telephone number or numbers called. Subject to the applicable rules of evidence and laws governing privilege, the tele phone company representative may be required to testify or produce documents as to other matters, such as the period of time during which the company has provided the customer with service, the location where service is provided, and general billing information. (2) The court or government agency in a contested case may order disclosure of tele phone records showing specific telephone calls made by or charged to any customer, includ ing the date and time of the call, the location of the party or parties called, and the number or number called, only if, after both parties are given an opportunity to be heard on the issue, such court or agency is satisfied that the information sought: (A) Is material and relevant; (B) Cannot be reasonably obtained by alternative means; and (C) Is necessary to the proper preparation of the case of the party seeking the information. (e) If a telephone company, its agent, or employee discloses customer records to a third party in violation of this Code section, the customer may bring a civil action in state or superior court. The court shall award actual damages or liquidated damages in the amount of $1,000.00, whichever is higher, together with costs, reasonable attorney's fees, and ex penses of litigation. (f) A telephone customer who successfully opposes another party's attempt in a civil action to obtain a court order requiring the disclosure of the customer's telephone records may recover the customer's reasonable attorney's fees and litigation expenses incurred in opposing disclosure of the records from the party seeking the court order if the court deter mines that there was no reasonable basis for seeking disclosure of the records or that disclo sure was sought primarily for the purpose of harassment or delay. (g) The remedies provided in this Code section shall be in addition to any other lawful remedies available to the aggrieved telephone customer. (h) Nothing in this Code section shall apply to or affect the authority of law enforce ment officers to intercept wire or oral transmissions pursuant to Code Section 16-11-64. (i) Nothing in this Code section shall apply to or affect any provision of Code Section 10-1-403 or 10-1-404." Section 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. 1274 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 Alien Baldwin BisnP Bowen Bfoun Burton TM CDoaVwlekminans rjeaj Dean Echols Edge Egan Foster Garner Gillis Harris Hasty Henson Hill Huggins Johnson K.p..aidradb, l,e Moye Newbill Olmstead Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Scott Shumake Starr Steinberg TT_,aaytel,or Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Voting in the negative were Senators Collins and Robinson. Those not voting were Senators: English Hammill (excused) Hooks Langford Phillips On the passage of the bill, the yeas were 49, nays 2. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Scott of the 36th moved that the following bill of the Senate, having been passed by substitute previously today, be immediately transmitted to the House: SB 268. By Senators Scott of the 36th, Henson of the 55th, Deal of the 49th and others: A bill to amend Code Section 12-8-23.1 of the Official Code of Georgia Anno tated, relating to powers and duties of the director of the Environmental Protec tion Division of the Department of Natural Resources, so as to provide that no permit shall be issued to operate a biomedical waste thermal treatment technol ogy facility in this state. On the motion, the yeas were 41, nays 0; the motion prevailed, and SB 268 was immedi ately transmitted to the House. The following local bill of the Senate was taken up for the purpose of considering the House substitute thereto: SB 63. By Senator Kidd of the 25th: A bill to amend an Act providing for the appointment of the initial chief magis trate of the Magistrate Court of Hancock County and the election of subsequent chief magistrates, as amended, so as to change the provisions relating to the com pensation of the chief magistrate. FRIDAY, MARCH 1, 1991 1275 The House substitute to SB 63 was as follows: A BILL To be entitled an Act to amend an Act providing for the appointment of the initial chief magistrate of the Magistrate Court of Hancock County and the election of subsequent chief magistrates, approved March 14, 1983 (Ga. L. 1983, p. 4006), as amended, so as to change the provisions relating to the compensation of the chief magistrate; to provide for cost-of-living increases in compensation; to provide for longevity increases in compensation; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for the appointment of the initial chief magistrate of the Magistrate Court of Hancock County and the election of subsequent chief magistrates, ap proved March 14, 1983 (Ga. L. 1983, p. 4006), as amended, is amended by striking in its entirety subsection (a) of Section 4 and inserting in lieu thereof a new subsection (a) to read as follows: "(a) (1) The chief magistrate shall receive an annual salary of $22,000.00 to be paid in equal monthly installments from the funds of Hancock County. (2) Whenever the employees in the classified service of the state merit system receive a cost-of-living increase of a certain percentage or a certain amount, the salary fixed in para graph (1) of this subsection shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase received by state employees is in different percentages or different amounts as to certain categories of employees, the salary in paragraph (1) of this subsection shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the aver age percentage increase or average amount increase when necessary. The periodic changes in the salary in paragraph (1) of this subsection as authorized by this paragraph shall become effective on the date that the cost-of-living increases received by state employees become effective. (3) The salary provided for in paragraph (1) of this subsection increased by any cost-ofliving increases provided for in paragraph (2) of this subsection shall be increased by 5 percent for each four-year term of office served by any chief magistrate, figured at the end of any such period of service." Section 2. All laws and parts of laws in conflict with this Act are repealed. Senator Kidd of the 25th moved that the Senate agree to the House substitute to SB 63. On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 63. The following general bills and resolution of the Senate, favorably reported by the com mittees, were read the third time and put upon their passage: SB 336. By Senators Walker of the 43rd, Moye of the 34th and Langford of the 35th: A bill to amend Code Section 44-12-131 of the Official Code of Georgia Anno tated, relating to the legal rate of interest in pawn transactions, so as to repeal the exemption for motor vehicles from the limitation provision for pawnshop charges; to provide that a storage fee may be charged for a motor vehicle if the pawnbroker takes possession of the motor vehicle. 1276 JOURNAL OF THE SENATE The Senate Committee on Special Judiciary offered the following substitute to SB 336: A BILL To be entitled an Act to amend Code Section 44-12-131 of the Official Code of Georgia Annotated, relating to the legal rate of interest in pawn transactions, so as to provide that the limitation provision for pawnshop charges shall not apply to a pawn transaction involv ing a motor vehicle where a pawnbroker takes possession of the motor vehicle; to provide that a storage fee may be charged for a motor vehicle if the pawnbroker takes possession of the motor vehicle; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 44-12-131 of the Official Code of Georgia Annotated, relating to the legal rate of interest in pawn transactions, is amended by striking subsection (a) in its entirety and inserting in its place a new subsection (a) to read as follows: "(a) Any pawnbroker may contract for and receive interest up to the rate of 2 percent per month, with a minimum charge of $5.00, on the principal amount advanced on the pawn transaction and a pawnshop charge for all services, expenses, costs, and losses of every na ture whatsoever. The pawnshop charge allowed under this subsection shall not exceed onefourth of the principal amount, per month, advanced in the pawn transaction. The pawn shop charge limitation shall not apply to a pawn transaction involving a motor vehicle where a pawnbroker takes possession of the motor vehicle. The pawnshop charge shall not be deemed interest for any purpose. In a pawn transaction involving a motor vehicle, a pawn broker may charge a storage fee for the motor vehicle not to exceed $30.00 per day if the pawnbroker takes possession of the motor vehicle." 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 Alien Baldwin Bishop Bowen Broun Burton CCloalyeman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Harris Hasty Henson Hm Huggms JKoihdndson Langford Marable Moye Newbill Olmstead Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Stan Sbtteeiinnobeerrge *a , laylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White FRIDAY, MARCH 1, 1991 1277 Those not voting were Senators: Hammill (excused) Hooks On the passage of the bill, the yeas were 53, nays 0. Phillips The bill, having received the requisite constitutional majority, was passed by substitute. SR 190. By Senators Coleman of the 1st, Thompson of the 33rd, Hill of the 4th and Dean of the 31st: A resolution creating the Joint Study Committee for Regional Development Centers. 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 Alien Baldwin Bishop Bowen Broun Burton C/C-, loailyeman Collins Dawkins Deal Dean Echols Edge Egan English Foster Gillis Harris Hasty Henson Hil1 Huggins JTKo^ih-dJndJson Langford Marable Moye Newbill Olmstead Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ray Robinson Scott Shumake Starr TS0t. e.m buerg i,a , laylor Thompson Timmons Turner Tysinger Walker of 22nd White Those not voting were Senators: Garner Hammill (excused) Hooks Phillips Ramsey Walker of 43rd On the adoption of the resolution, the yeas were 50, nays 0. The resolution, having received the requisite constitutional majority, was adopted. SB 381. By Senator Baldwin of the 29th: A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Water Quality Control Act," so as to establish limits on the amount of phosphorus which may be contained in waste water dis charged by certain water pollution control plants into the Chattahoochee River between Buford Dam and West Point Reservoir on or after January 1, 1992. 1278 JOURNAL OF THE SENATE The Senate Committee on Natural Resources offered the following substitute to SB 381: A BILL To be entitled an Act to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Water Quality Control Act," so as to establish limits on the amount of phosphorus which may be contained in waste water discharged by certain water pollution control plants into the Chattahoochee River between Buford Dam and West Point Reservoir on or after January 1, 1992; to provide for exceptions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Water Quality Control Act," is amended by adding, following Code Section 12-5-23.1, a new Code Section 12-5-23.2 to read as follows: "12-5-23.2. Notwithstanding the provisions of Code Section 12-5-23 or any rule, regula tion, or order adopted or issued pursuant to this article, no person who has been issued a National Pollutant Discharge Elimination System permit which allows the discharge of 1,000,000 gallons or more per day from a water pollution control plant operated by such person which discharges waste water into the Chattahoochee River between Buford Dam and West Point Reservoir shall discharge waste water from any such water pollution control plant on or after January 1, 1992, which contains more than 0.75 milligrams of phosphorus per liter of waste water on a monthly average basis or which fails to comply with any stricter standard adopted pursuant to Code Section 12-5-23; provided, however, that, notwithstand ing the provisions of this Code section, any person who has been issued a National Pollutant Discharge Elimination System permit and who has entered into a finalized consent order shall conform to the schedule adopted in such order, but in no event shall compliance with the discharge limitation provided by this Code section be extended beyond July 4, 1996." 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 Alien Baldwin Bishop Bowen Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan Foster Garner Gillis Harris Hasty Henson Hill Huggins Johnson Kidd Marable Moye Newbill Olmstead Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 43rd White FRIDAY, MARCH 1, 1991 1279 Those not voting were Senators: Broun English Hammill (excused) Hooks Langford Phillips Starr Walker of 22nd On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. SB 384. By Senators Pollard of the 24th, Kidd of the 25th and Edge of the 28th: A bill to amend Code Section 15-6-93, relating to office hours of the clerks of the superior courts, so as to change the provisions relating to office hours. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dflwkins Deal Dean Echols Edge Egan Foster Gillis Harris Hasty Henson Hill Huggins Johnson Kidd Langford Marable Newbill Olmstead Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: English Garner Hammill (excused) Hooks Moye Phillips Starr On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed. 1280 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 550. By Representatives Smyre of the 92nd, Oliver of the 53rd, McKelvey of the 15th and Martin of the 26th: A bill to amend Part 1 of Article 6 of Chapter 9 of Title 34, relating to the pay ment of compensation for medical attention, so as to authorize the assessment of a penalty against an employer for the failure to pay medical benefits within a certain time period. HB 451. By Representative Wall of the 61st: A bill to amend Code Section 40-5-55 of the Official Code of Georgia Annotated, relating to implied consent to chemical tests and the suspension of a person's driver's license for the refusal to submit to a chemical test, so as to provide a definition. The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage: SB 375. By Senators Albert of the 23rd and Kidd of the 25th: A bill to amend Code Section 10-1-510 of the Official Code of Georgia Annotated, relating to duplication of works of fine art, so as to change the conditions upon which printers may agree to duplicate works of fine art; to provide for statements and forms; to change certain criminal penalties and provide for civil liability and recovery; to provide for applicability. The Senate Committee on Governmental Operations offered the following amendment: Amend SB 375 by striking from line 7 of page 2 the following: "of the same work of fine art", and inserting in lieu thereof the following: "for the same customer". On the adoption of the amendment, the yeas were 31, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Gillis Harris Hasty FRIDAY, MARCH 1, 1991 1281 Henson Hill Huggins Johnson Kidd Langford Marable Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate Taylor Thompson Timmons Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Garner Hammill (excused) Hooks Moye Turner On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. SB 396. By Senators Deal of the 49th and Foster of the 50th: A bill to amend Code Section 20-2-57 of the Official Code of Georgia Annotated, relating to the organization of county boards of education and the selection and term of the chairman, so as to authorize a county board of education to adopt a local board policy establishing the term of the chairman. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge English Foster Garner Gillis Harris Hasty Henson Hill Huggins Johnson Kidd Langford Marable Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Shumake Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd White Those not voting were Senators: Egan Hammill (excused) Hooks Moye Scott Walker of 43rd On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. 1282 JOURNAL OF THE SENATE Senator Deal of the 49th, President Pro Tempore, assumed the Chair. SB 339. By Senators Edge of the 28th and Garner of the 30th: A bill to amend Part 1 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions with respect to stopping, standing, and parking under the uniform rules of the road, so as to provide that a person who removes or stores a motor vehicle under certain conditions pursuant to authority of a police officer shall have a lien on such vehicle for the reasonable fees connected with the removal or storage of such vehicle plus the cost of any advertisement associated therewith. The Senate Committee on Special Judiciary offered the following substitute to SB 339: A BILL To be entitled an Act to amend Part 1 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions with respect to stopping, standing, and parking under the uniform rules of the road, so as to provide that a person who removes or stores a motor vehicle under certain conditions pursuant to authority of a police officer shall have a lien on such vehicle for the usual, customary, and reasonable fees connected with the removal or storage of such vehicle plus the cost of any advertisement associated therewith; to provide for the perfection of such a lien; to provide for the foreclo sure of such liens; to amend Chapter 1 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions concerning property, so as to delete certain provisions relating to the removal and storage of vehicles or trespassing personal property and the creation of liens in connection therewith; to provide that a person who removes or stores a motor vehi cle or trespassing personal property pursuant to a certain provision of law shall have a lien on such vehicle or personal property for the reasonable fees connected with the removal or storage of such vehicle plus the cost of any advertisement associated therewith; to provide for the perfection of such a lien; to provide for the foreclosure of such liens; to repeal con flicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 1 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions with respect to stopping, standing, and parking under the uniform rules of the road, is amended by adding between Code Sections 40-6-206 and 40-6-207 a new Code Section 40-6-206.1 to read as follows: "40-6-206.1 (a) Any person who removes or stores any motor vehicle, the removal or storage of which has been authorized by any police officer pursuant to any of the provisions of Code Section 40-6-206, shall have a lien on such vehicle for the usual, customary, and reasonable fees connected with such removal or storage plus the costs of any advertisement. Said lien shall arise and be perfected at the time such services are furnished, provided that, in order to retain perfection of such lien, such person must comply with the requirements of Code Section 40-11-2 as they become due. (b) The lien required under subsection (a) of this Code section may be foreclosed in any court which is competent to hear civil cases, including, but not limited to, magistrate courts. Liens shall be foreclosed in magistrate courts only when the amount of the lien does not exceed the jurisdictional limits established by law for such courts. Any liens acquired under this Code section shall be foreclosed in accordance with the provisions of Code Section 4011-5." Section 2. Chapter 1 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions concerning property, is amended by striking in its entirety subsection (b) FRIDAY, MARCH 1, 1991 1283 of Code Section 44-1-13, relating to the removal of improperly parked cars or trespassing personal property, and inserting in lieu thereof a new subsection (b) to read as follows: "(b) Only towing and storage firms issued permits by the Public Service Commission pursuant to Title 46, licensed by the local governing authority of the jurisdiction in which they operate, and having a secure impoundment lot shall be permitted to remove vehicles and trespassing personal property from private real property at the request of a person in possession of such private real property made pursuant to subsection (a) of this Code section." Section 3. Said Chapter 1 of Title 44 is further amended by adding between Code Sec tions 44-1-13 and 44-1-14 a new Code Section 44-1-13.1 to read as follows: "44-1-13.1. (a) Any person who removes or stores any motor vehicle or trespassing per sonal property pursuant to any of the provisions of Code Section 44-1-13 shall have a lien on such vehicle or trespassing personal property for the usual, customary, and reasonable fees connected with such removal or storage plus the costs of any advertisement. Said lien shall arise and be perfected at the time such services are furnished, provided that, in order to retain perfection of such lien, such person must comply with the requirements of Code Sec tion 40-11-2 as they become due. (b) The lien required under subsection (a) of this Code section may be foreclosed in any court which is competent to hear civil cases, including, but not limited to, magistrate courts. Liens shall be foreclosed in magistrate courts only when the amount of the lien does not exceed the jurisdictional limits established by law for such courts. Any liens acquired under this Code section shall be foreclosed in accordance with the provisions of Code Section 4011-5." 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 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 Alien Baldwin Bowen Broun B urton Gillis Harris Hasty Hill Kidd Marable ^Co,lyeman CDoalwliknisns >ean Echols Edge Egan Foster MNeowyJ ebill Olmstead Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Tate TTahyJolmorpson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Bishop Deal (presiding) English Garner (excused conferee) Hammill (excused) Henson Hooks . Huggms Johnson (excused conferee) Langford phmi , Shumake Steinberg 1284 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 43, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. SB 374. By Senators Perry of the 7th, Echols of the 6th and Turner of the 8th: A bill to amend Chapter 5 of Title 27 of the Official Code of Georgia Annotated, relating to wild animals, so as to provide that it shall be lawful to hold a ferret as a pet without a license or a permit under certain conditions; to change a mis spelling; to provide for an effective date. Senators Perry of the 7th and Echols of the 6th offered the following amendment: Amend SB 374 by striking lines 1 and 2 of page 1 and inserting in their places the following: "To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to make it unlawful to hunt bears out of season, to traffic in bears or bear parts, and to possess or transport bears or bear parts out of season; to provide for penalties; to make it unlawful to use bait to concentrate the bear population or to lure bears; to provide for related matters; to", By striking lines 8 and 9 of page 1 and inserting in their place the following: "Section 1. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by adding at the end of Part 1 of Article 1 of Chapter 3 two new Code sections to read as follows: '27-3-26. (a) It shall be unlawful for any person to: (1) Hunt, take, or attempt to take a bear except during the open season for hunting and taking bears or under authority of a permit by the Department of Natural Resources to kill or take a bear; (2) Buy, sell, barter, or exchange a bear or bear part; or (3) Possess or transport a freshly killed bear or bear part except during the open season for hunting and taking bears. (b) Each act constituting a violation of this Code section is a separate offense. (c) Any person violating the provisions of this Code section is guilty of a misdemeanor of a high and aggravated nature and, upon conviction, may be punished by a fine not to exceed $5,000.00 or by confinement for a term not to exceed 12 months or both. The court may order that restitution be paid to the department of not less than $1,500.00 for each bear or bear part which is the subject of a violation of this Code section. Any equipment which is used or intended for use in a violation of this Code section, including without limitation, motor vehicles, is declared to be contraband and is forfeited to the state in the same manner and subject to the same procedures and requirements as provided by Code Section 27-3-48. The hunting and fishing privileges of any person convicted of violating the provisions of this Code section shall be suspended for three years. 27-3-27. It is unlawful to use any type of bait to concentrate the bear population in any area or to lure them to any location which gives or might give a hunter an unnatural advan tage when hunting bear.' Section 2. Said title is further". By renumbering Sections 2, 3, and 4 as Sections 3, 4, and 5, respectively. FRIDAY, MARCH 1, 1991 1285 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 Alien Baldwin Bishop Bowen roun TMion Coleman Collins Dawkins Dean Echols Edge Egan English Foster Garner Gillis Hasty Henson Hill Hooks " u|f ins Kldd Langford Marable Mye Newbill Perdue Perry Phillips Pollard Ragan of 32nd Ramsey Ray Robinson Scott Steinberg Tate Taylor Thompson Turner Tysinger Walker of 22nd White Those not voting were Senators: Deal (presiding) Hammill (excused) Harris Johnson Olmstead Ragan of 10th Shumake Starr Timmons Walker of 43rd On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. SB 385. By Senator English of the 21st: A bill to amend Code Section 12-13-10 of the Official Code of Georgia Annotated, relating to environmental assurance fees, so as to raise the allowable fee from 0.1 cent per gallon to 1.0 cent per gallon; 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 Alien Baldwin Bishop Bowen Clay Coleman Dawkins Dean Echols Egan English Foster Garner Gillis Hasty Henson Hill 1286 JOURNAL OF THE SENATE Hooks Kidd M,M,oayraeble Perry Pollard Ragan of 10th Ramsey RTMRaoyib'inson Scott Steinberg Tate Thompson ,,li.mmons Turner Tysinger Those voting in the negative were Senators: Broun Burton Collins Edge Harris Newbill Perdue Phillips Ragan of 32nd Taylor White Those not voting were Senators: Deal (presiding) Hammill (excused) Huggins Johnson Langford Olmstead Shumake Starr Walker of 22nd Walker of 43rd On the passage of the bill, the yeas were 35, nays 11. The bill, having received the requisite constitutional majority, was passed. SB 294. By Senators Thompson of the 33rd, Hasty of the 51st and Clay of the 37th: A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, so as to allow such authorities to own and operate projects in other cities and counties upon the request or approval of the governing body and hospital authority of such other city or county; 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 Alien Baldwin Bishop Bowen Broun urton ^CCj,--,)ooe,,,llaylenimnsan Echojs English Foster Gillis Harris Hasty Henson Hill Hooks Huggins Kidd Langford Marable NM.O_..elomwyseb, ti.el..lad, Perdue Pey Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg T_T_Tahayt'oel,morpson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White FRIDAY, MARCH 1, 1991 1287 Those not voting were Senators: Dawkins Deal (presiding) Edge Egan Garner (excused conferee) Hammill (excused) Johnson (excused conferee) On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 382. By Senator Kidd of the 25th: A bill to amend Chapter 4 of Title 21 of the Official Code of Georgia Annotated, known as the "Recall Act of 1989," so as to change certain definitions; to change the provisions relating to grounds for recall; to change the provisions relating to legal sufficiency of an application for recall petition or a recall petition; to pro vide for the effect of failure to submit a recall petition or an application therefor for verification. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Clay CCoollleimnsan Garner Gillis Harris Hasty Henson Hill Hoks Huggms KLaidndgford Dawkins Dean Echols Edge Egan English Foster Marable Moye Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake gtarr cStem. b, erg , laylor Thompson Turner Tysinger Walker of 22nd White Those not voting were Senators: Deal (presiding) Hammill (excused) Johnson Newbill Timmons Walker of 43rd On the passage of the bill, the yeas were 50, nays 0. The billf having received the requisite constitutional majority, was passed. SB 365. By Senators Hammill of the 3rd, Echols of the 6th and Perry of the 7th: A bill to amend Article 3 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to the personnel of emergency medical services, so as to re move certain recertification standards, continuing education, and active practice requirements. 1288 JOURNAL OF THE SENATE 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: Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dean Echols Egan English Foster Gillis Harris Hasty Henson Hill Hooks Huggins Kidd Langford Marable Moye Olmstead Perdue Perry Pollard Ragan of 10th Ramsey Ray Robinson Scott Starr Steinberg Tate Thompson Turner Tysinger Walker of 22nd Walker of 43rd White Those voting in the negative were Senators: Albert Dawkins Edge Newbill Phillips Ragan of 32nd Those not voting were Senators: Deal (presiding) Johnson (excused conferee) Garner (excused conferee) Shumake Hammill (excused) Taylor Timmons On the passage of the bill, the yeas were 43, nays 6. The bill, having received the requisite constitutional majority, was passed. SB 412. By Senator Foster of the 50th: A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for salary in creases for persons selected as Georgia Teacher of the Year; to provide for statu tory construction. The following Memorandum, as required by law, was read by the Secretary: Department of Audits 254 Washington Street, SW Room 214 Atlanta, Georgia 30334-8400 MEMORANDUM TO: The Honorable John C. Foster, Chairman Senate Education Committee FROM: G. W. Hogan, State Auditor Henry M. Huckaby, Director, Office of Planning and Budget FRIDAY, MARCH 1, 1991 1289 DATE: February 28, 1991 SUBJECT: Fiscal Note - Senate Bill 412 (LC 11 7594) Georgia Teacher of the Year - Salary Increase This bill would grant a salary increase to any person selected as Georgia Teacher of the Year by the State Board of Education. The amount of the increase would be one salary step on the state salary schedule or an equivalent percentage rate increase in state salary and would become effective on and after the beginning of the next school year. Such increases would be in addition to any other increase the person may be eligible to receive. The fiscal impact of this bill would be minimal with an estimated annual cost of $881 for the one teacher selected each year as Georgia Teacher of the Year. The cost represents an increment of one salary step and is based on the average 16 year experience level and T-5 certification level of the past ten years Georgia Teacher of the Year recipients. // G. W. Hogan State Auditor /s/ Henry M. Huckaby 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 Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan English Foster Garner Gillis Harris Hasty Henson Hill Hooks Huggins Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate Taylor Thompson Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Deal (presiding) Hammill (excused) Johnson Timmons On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 350. By Senators Gillis of the 20th, Huggins of the 53rd, Coleman of the 1st and others: A bill to amend Code Section 16-8-12 of the Official Code of Georgia Annotated, relating to penalties for violation of Code Sections 16-8-2 through 16-8-9, so as to provide that persons sentenced to imprisonment for theft of a motor vehicle shall 1290 JOURNAL OF THE SENATE be incarcerated in a special alternative incarceration or boot camp unit of the Department of Corrections for a certain period of their sentence; to provide for such units. The Senate Committee on Special Judiciary offered the following substitute to SB 350: A BILL To be entitled an Act to amend Code Section 16-8-12 of the Official Code of Georgia Annotated, relating to penalties for violation of Code Sections 16-8-2 through 16-8-9, so as to provide for probation of sentences of persons convicted of theft of a motor vehicle, motor vehicle part, or motor vehicle component which exceeds $100.00 in value; to provide that persons sentenced to imprisonment for theft of a motor vehicle shall be confined in a special alternative incarceration-probation boot camp or inmate boot camp unit of the Department of Corrections for a certain period of their sentence under certain conditions; to provide for such units; 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 16-8-12 of the Official Code of Georgia Annotated, relating to penalties for violation of Code Sections 16-8-2 through 16-8-9, is amended by striking sub section (a) of said Code section and inserting in lieu thereof a new subsection (a) to read as follows: "(a) A person convicted of a violation of Code Sections 16-8-2 through 16-8-9 shall be punished as for a misdemeanor except: (1) If the property which was the subject of the theft exceeded $500.00 in value, by imprisonment for not less than one nor more than ten years or, in the discretion of the trial judge, as for a misdemeanor; (2) If the property was taken by a fiduciary in breach of a fiduciary obligation or by an officer or employee of a government or a financial institution in breach of his duties as such officer or employee, by imprisonment for not less than one nor more than 15 years; (3) If the crime committed was a violation of Code Section 16-8-2 and if the property which was the subject of the theft was a memorial to the dead or any ornamentation, flower, tree, or shrub placed on, adjacent to, or within any enclosure of a memorial to the dead, by imprisonment for not less than one nor more than three years. Nothing in this paragraph shall be construed as to cause action taken by a cemetery, cemetery owner, lessee, trustee, church, religious or fraternal organization, corporation, civic organization, or club legiti mately attempting to clean, maintain, care for, upgrade, or beautify a grave, gravesite, tomb, monument, gravestone, or other structure or thing placed or designed for a memorial of the dead to be a criminal act; (4) (A) The provisions of paragraph (1) of this subsection notwithstanding, if the prop erty which was the subject of the theft was a motor vehicle or was a motor vehicle part or component which exceeded $100.00 in value, by imprisonment for not less than one nor more than 20 years or, in the discretion of the trial judge, as for a misdemeanor; provided, however, that any person who is convicted of a second offense under this paragraph shall be punished by imprisonment for not less than three years nor more than 20 years, no portion of which may be suspended, deferred, or withheld; and any person who is convicted of a third offense under this paragraph shall be punished by imprisonment for not less than ten years nor more than 20 years, no portion of which may be suspended, deferred, or withheld. If the property which was the subject of the theft was a motor vehicle, not less than 90 days of any confinement imposed under this paragraph shall be served in a special alternative incarceration-probation boot camp or inmate boot camp unit of the Department of Correc tions, provided the offender meets all the classification and assignment criteria established by the department for inclusion in such boot camp programs. It shall be the duty of such department to establish, operate, and maintain such boot camp units for this and other appropriate purposes. FRIDAY, MARCH 1, 1991 1291 (B) Subsequent offenses committed under this paragraph, including those which may have been committed after prior felony convictions unrelated to this paragraph, shall be punished as provided in Code Section 17-10-7; or (5) (A) As used in this paragraph, the term 'firearm' means any rifle, shotgun, pistol, or similar device which propels a projectile or projectiles through the energy of an explosive. (B) If the property which was the subject of the theft offense was a firearm, by impris onment for not less than one nor more than ten years." Section 2. This Act shall become effective July 1, 1993. Section 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 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 Alien Baldwin Bishop Bowen Broun urton ~ lay Echois CfLD*,/oeoiiaierinimnsan Edge Egan English Foster Garner Gillis Harris Hasty Henson Hill Hooks Huggins Kidd Move L_MT ,aanrgalfb,ol.red, Newbill Olmstead Perdue Perry Phillips Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr mTTb0tfa,eltyj.me.loburerg Thompson Turner Tysinger Walker of 22nd White Those not voting were Senators: Dawkins Deal (presiding) Hammill (excused) Johnson Pollard Timmons Walker of 43rd On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. SB 372. By Senator Echois of the 6th: A bill to amend Code Section 33-8-8.3 of the Official Code of Georgia Annotated, relating to the funding of services in unincorporated areas of counties from the proceeds of insurance premium taxes, so as to provide that the proceeds of pre mium taxes levied on behalf of counties may be used for the purposes of street and road improvements. 1292 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 Alien Baldwin Bishop Bowen Broun Burton Clay Collins Dawkins Dean Echols Edge Foster Garner Gillis Harris Hasty Henson Hill Hooks Huggins Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate Taylor Thompson Turner Tysinger Walker of 22nd White Those not voting were Senators: Coleman Deal (presiding) Egan English Hammill (excused) Johnson Timmons Walker of 43rd On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 379. By Senators Kidd of the 25th, Deal of the 49th, Garner of the 30th and others: A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to enact the "Georgia Register Act"; to provide for the publication of a Georgia Register and its governance by the Georgia Register Board; to provide for the membership, powers, duties, procedures, and operations of the board; to provide for the contents of the Georgia Register to include cer tain information with respect to certain proposed, pending, and adopted govern mental actions and certain other material. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Dean Echols Edge Egan English Foster Garner Gillis Harris Hasty Hill Hooks FRIDAY, MARCH 1, 1991 1293 Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Scott Starr Steinberg Tate Thompson Turner Walker of 43rd White Those voting in the negative were Senators: Collins Dawkins Robinson Those not voting were Senators: Deal (presiding) Hammill (excused) Henson Shumake Taylor Timmons On the passage of the bill, the yeas were 47, nays 3. The bill, having received the requisite constitutional majority, was passed. The following general bill of the Senate, having been read the third time on February 8 and committed to the Senate Committee on Governmental Operations, favorably reported by the committee and placed on the Senate Rules Calendar for today, was put upon its passage: SB 181. By Senator Garner of the 30th: A bill to amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, so as to provide for continuing education for certain holders of certificates of registration; to provide for revocation and reinstatement of certificates. The Senate Committee on Governmental Operations offered the following amendment: Amend SB 181 by striking from line 25 of page 1 the following: "16", and inserting in lieu thereof the following: "12". 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 Alien Baldwin Bishop Bowen Broun Burton Coleman Dean English Foster Garner Hill Hooks Johnson 1294 JOURNAL OF THE SENATE Kidd Langford Moye Perdue Phillips Pollard Ragan of 10th Ragan of 32nd Ray Robinson Scott Steinberg Tate Taylor Thompson Tysinger Walker of 43rd White Those voting in the negative were Senators: Clay Collins Dawkins Echols Egan Gillis Harris Hasty Henson Huggins Marable Newbill Olmstead Perry Ramsey Shumake Starr Turner Those not voting were Senators: Deal (presiding) Edge Hammill (excused) Timmons Walker of 22nd On the passage of the bill, the yeas were 33, nays 18. The bill, having received the requisite constitutional majority, was passed as amended. The following general bills of the Senate and House, favorably reported by the commit tees, were read the third time and put upon their passage: SB 389. By Senator Kidd of the 25th: A bill to amend Code Section 3-6-21.1 of the Official Code of Georgia Annotated, relating to the licensing of farm wineries to engage in retail and wholesale sales, so as to provide that the limit on the maximum number of tasting rooms permis sible off the premises of farm wineries shall be set by the commissioner of reve nue; to provide that the commissioner of revenue shall authorize no fewer than 15 of such tasting rooms; to provide for intent. The Senate Committee on Finance and Public Utilities offered the following substitute to SB 389: A BILL To be entitled an Act to amend Code Section 3-6-21.1 of the Official Code of Georgia Annotated, relating to the licensing of farm wineries to engage in retail and wholesale sales, so as to increase the maximum number of tasting rooms permissible off the premises of farm wineries; to provide for intent; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 3-6-21.1 of the Official Code of Georgia Annotated, relating to the licensing of farm wineries to engage in retail and wholesale sales, is amended by striking subsection (b) and inserting in lieu thereof a new subsection (b) to read as follows: "(b) (1) The commissioner may authorize any licensee which is a farm winery to sell its wine at retail in a tasting room or other facility on the premises of the winery for consump tion on the premises and in closed packages for consumption off the premises and to sell its wine at retail in tasting rooms at ten additional locations in the state but only if the annual production of wine by the farm winery is made in Georgia from at least the following per centages of Georgia grown agricultural products during the years of production provided below: FRIDAY, MARCH 1, 1991 1295 (A) First-year production: Ten percent from Georgia grown berries, fruits, or grapes (B) Second-year production: Twenty percent from Georgia grown berries, fruits, or grapes (C) Third-year production: Thirty percent from Georgia grown berries, fruits, or grapes (D) Fourth-year production and thereafter: Forty percent from Georgia grown berries, fruits, or grapes (2) It is the intent of the General Assembly that tasting rooms off the premises of the winery should be located in areas or at locations frequented regularly by tourists in order to promote the state's farm winery industry." 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: Albert Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan English Foster Gillis Harris Hasty Henson Hill Hooks Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Steinberg Tate Taylor Thompson Turner Tysinger Walker of 43rd White Voting in the negative was Senator Pollard. Those not voting were Senators: Deal (presiding) Garner Hammill (excused) Huggins Starr Timmons Walker of 22nd On the passage of the bill, the yeas were 48, nays 1. The bill, having received the requisite constitutional majority, was passed by substitute. 1296 JOURNAL OF THE SENATE HB 763. By Representative Colwell of the 4th: A bill to amend Chapter 10 of Title 42 of the Official Code of Georgia Annotated, the "Correctional Industries Act," so as to provide that any compensation paid to the executive officer of the Georgia Correctional Industries Administration shall be paid from earnings of the administration and not from appropriations. Senate Sponsor: Senator Kidd of the 25th. The Senate Committee on Governmental Operations offered the following amendment: Amend HB 763 by adding in the title on line 7 of page 1, between the semicolon and the word "to", the following: "to provide an effective date;". By adding between lines 22 and 23 on page 1 the following: "Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval." By renumbering Section 2 on lines 23 and 24 on page 1 as Section 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: Alien Baldwin Bishop Bowen Broun Coleman Dean Echols Garner Gillis Hill Hooks Huggins Johnson Kidd Langford Marable Moye Perdue Perry Pollard Ragan of 10th Ramsey Ray Robinson Scott Shumake Starr Tate Timmons Tysinger Walker of 22nd Walker of 43rd Those voting in the negative were Senators: Albert Burton Clay Collins Dawkins Edge Egan Foster Harris Hasty Henson Newbill Olmstead Phillips Ragan of 32nd Taylor Turner White Those not voting were Senators: Deal (presiding) English Hammill (excused) Steinberg Thompson On the passage of the bill, the yeas were 33, nays 18. The bill, having received the requisite constitutional majority, was passed as amended. FRIDAY, MARCH 1, 1991 1297 HB 482. By Representatives Murphy of the 18th and Martin of the 26th: A bill to amend Code Section 31-8-155 of the Official Code of Georgia Annotated, relating to rules for expansions of eligibility funded by the Indigent Care Trust Fund, so as to change when contributions may be made. 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 Alien Baldwin Bishop Bowen BBruorutonn CCloalyeman Collins Dawkins Dean Echols Edge Egan English Foster Garner Gillis Hasty Henson HHugogkm? s JLoahnngsfoonrd Marable Newbill Olmstead Perdue Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott SShtaurmr ake 0St, em. b, erg ,lat<; Taylor Thompson Turner Tysinger Walker of 43rd White Those not voting were Senators: Deal (presiding) Hammill (excused) Harris Hill Kidd Moye Perry Timmons Walker of 22nd On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Thompson of the 33rd moved that the following bill of the Senate, having been passed previously today, be immediately transmitted to the House: SB 294. By Senators Thompson of the 33rd, Hasty of the 51st and Clay of the 37th: A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, so as to allow such authorities to own and operate projects in other cities and counties upon the request or approval of the governing body and hospital authority of such other city or county; to provide an effective date. On the motion, the yeas were 33, nays 1; the motion prevailed, and SB 294 was immedi ately transmitted to the House. 1298 JOURNAL OF THE SENATE Senator Garner of the 30th moved that the following bill of the House, having been passed as amended previously today, be immediately transmitted to the House: HB 763. By Representative Colwell of the 4th: A bill to amend Chapter 10 of Title 42 of the Official Code of Georgia Annotated, the "Correctional Industries Act," so as to provide that any compensation paid to the executive officer of the Georgia Correctional Industries Administration shall be paid from earnings of the administration and not from appropriations. On the motion, the yeas were 34, nays 0; the motion prevailed, and HB 763 was imme diately transmitted to the House. The following bills of the House were read the first time and referred to committees: HB 451. By Representative Wall of the 61st: A bill to amend Code Section 40-5-55 of the Official Code of Georgia Annotated, relating to implied consent to chemical tests and the suspension of a person's driver's license for the refusal to submit to a chemical test, so as to provide a definition. Referred to Committee on Special Judiciary. HB 550. By Representatives Smyre of the 92nd, Oliver of the 53rd, McKelvey of the 15th and Martin of the 26th: A bill to amend Part 1 of Article 6 of Chapter 9 of Title 34, relating to the pay ment of compensation for medical attention, so as to authorize the assessment of a penalty against an employer for the failure to pay medical benefits within a certain time period. Referred to Committee on Insurance and Labor. Serving as doctor of the day today was Dr. Romulo P. Navarro of Douglas, Georgia. Senator Garner of the 30th moved that the Senate do now adjourn, pursuant to SR 247, adopted previously, until Tuesday, March 5, at 9:30 o'clock A.M. The President announced the motion prevailed at 12:15 o'clock P.M. TUESDAY, MARCH 5, 1991 1299 Senate Chamber, Atlanta, Georgia Tuesday, March 5, 1991 Thirty-third Legislative Day The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President. Senator Huggins of the 53rd reported that the Journal of the proceedings of Friday, 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 880. By Representative Green of the 106th: A bill to provide a new charter for the City of Sparta. HB 890. By Representatives Clark of the 20th, Post 3, Vaughan of the 20th, Wilder of the 21st, Klein of the 21st, Clark of the 20th, Post 4 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 891. By Representative Parrish of the 109th: A bill to amend an Act providing for a chief magistrate and a magistrate of the Magistrate Court of Candler County, so as to provide for the appointment of the chief magistrate and magistrate by a vote of the judges of the superior courts of the Middle Judicial Circuit. HB 899. By Representatives Flynt of the 75th and Adams of the 79th: A bill to create the Pike Clean and Beautiful Authority for the purpose of assist ing the Board of Commissioners of Pike County in establishing a solid waste recycling program and promoting environmental awareness. HB 909. 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 penalty provisions for ordinance violations. HB 911. 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 date of the organizational meeting of the city governing authority. HB 782. By Representatives Fennel of the 155th, Smith of the 156th and Coleman of the 118th: A bill to amend Code Section 32-10-71 of the Official Code of Georgia Annotated, relating to acquisition, maintenance, and operation of tollway projects, so as to authorize certain local governments to establish a parking fee for persons using 1300 JOURNAL OF THE SENATE certain tollway facilities; to authorize the local government to contract with the State Tollway Authority for assistance in collection of the fee. HB 901. By Representatives Watson of the 114th and Pettit of the 19th: A bill to amend Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the organization and membership of the Public Service Commission, so as to change the method of calculating the special fee required of corporations and utilities subject to the jurisdiction of the Public Service Commission. HB 835. By Representative Lane of the 27th: A bill to amend Chapter 4 of Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to provide mobility impaired persons and their service dogs with the same rights and privileges granted to blind and deaf persons and their guide dogs with respect to public accommodations and housing accommodations. HB 720. By Representatives Lawson of the 9th and Lord of the 107th: A bill to amend Code Section 9-11-12 of the Official Code of Georgia Annotated, relating to answer, defenses, and objections in civil proceedings, so as to provide that an application for a stay of proceedings pursuant to the federal Soldiers' and Sailors' Civil Relief Act of 1940 shall not constitute an appearance for any pur pose of a civil proceeding. HB 905. By Representatives Ware of the 77th, Dunn of the 73rd, Ricketson of the 82nd and Jones of the 71st: A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to delete provisions requiring notice of can cellation or nonrenewal of an individual accident and sickness insurance policy; to require a notice of nonrenewal or termination of a group accident and sickness insurance policy. HB 906. By Representatives Ware of the 77th, Dunn of the 73rd, Ricketson of the 82nd and Jones of the 71st: A bill to amend Chapter 31 of Title 33 of the Official Code of Georgia Annotated, relating to credit life insurance and credit accident and sickness insurance, so as to provide for the applicability of said Chapter 31 to life and accident and sick ness insurance sold on and after July 1, 1991. HB 798. By Representative Connell of the 87th: A bill to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveillance, and related offenses, so as to provide that any individual, partnership, association, joint-stock company, trust, or corporation authorized to transact business within the State of Georgia may monitor and record telephone conversations between its employees and its customers for the sole purpose of developing customer service. HB 760. By Representatives Chambless of the 133rd and Cheeks of the 89th: A bill to amend Chapter 6 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of beneficiaries of the United States Department of Veter ans Affairs, so as to change the provisions on compensation of guardians. TUESDAY, MARCH 5, 1991 1301 HB 822. By Representatives Walker of the 115th, Coleman of the 118th, Murphy of the 18th and Buck of the 95th: A bill to amend Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving forgery and fraudulent practices, so as to repeal the existing "Georgia Computer Systems Protection Act" and enact a new "Georgia Computer Systems Protection Act". HB 814. By Representatives Alford of the 57th, Dobbs of the 74th, Milam of the 81st and Ware of the 77th: A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Water Quality Control Act," so as to establish limits on the amount of phosphorus which may be contained in waste water dis charged by certain water pollution control plants into the Chattahoochee River between Buford Dam and West Point Reservoir on or after January 1, 1992. HB 360. By Representatives Barnett of the 10th, Stancil of the 8th and Pinholster of the 8th: A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, so as to create a new third judgeship for the Blue Ridge Judicial Circuit. HB 398. By Representatives Irwin of the 57th, Alford of the 57th and Henson of the 57th: A bill to provide for an additional judge of the superior court of Rockdale Judi cial Circuit. HB 516. By Representative Holmes of the 28th: A bill to provide for an additional judge of the superior court of the Atlanta Judicial Circuit. HB 534. By Representatives Wall of the 61st, Orr of the 9th, Lawson of the 9th, Jackson of the 9th, Breedlove of the 60th and others: A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, so as to create a new sixth judgeship for the Gwinnett Judicial Circuit. HB 886. By Representatives Watts of the 41st, Parham of the 105th and Watson of the 114th: A bill to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous provisions relative to the uniform rules of the road, so as to require vehicles used to transport certain substances to be marked in a certain way. HB 793. By Representatives Kilgore of the 42nd, Hamilton of the 124th, Thurmond of the 67th and Simpson of the 70th: A bill to amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick leave for teachers and other personnel, so as to revise the provi sions relating to sick leave banks or pools of voluntarily contributed employee sick leave days. HB 875. By Representatives Hammond of the 20th, Flynt of the 75th and Pettit of the 19th: A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable and the procedure and schedule of bails, so as to provide that a judge of the superior court may delegate the authority to 1302 JOURNAL OF THE SENATE hear and set bail for certain offenses to any judge of any court of inquiry within the same judicial circuit. HB 845. By Representatives Randall of the 101st and Lord of the 107th: A bill to amend Code Section 33-25-10 of the Official Code of Georgia Annotated, relating to payment of interest on proceeds or payments under certain insurance policies, so as to change a rate of interest. HB 820. By Representative Pettit of the 19th: A bill to amend Code Section 36-62-6 of the Official Code of Georgia Annotated, relating to general powers of authorities under the "Development Authorities Law," so as to provide that authorities shall have the power to expend surplus funds for the purpose of promoting industry, agriculture, and trade. HB 718. By Representative Martin of the 26th: 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 889. By Representatives Thomas of the 69th and Martin of the 26th: A bill to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to change the provisions relating to administration of the laws relating to mental health; to provide for access by the Department of Human Resources and county boards of health to certain records. HB 594. By Representatives Barnett of the 10th, Parham of the 105th and Harris of the 84th: A bill to amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, the "Used Car Dealers' Registration Act," so as to provide that leasing and rental companies which are required to be licensed shall be exempt from certain re quirements; to provide for licensing of pawnbrokers who engage in sales of automobiles. SB 27. By Senator Alien of the 2nd: A bill to amend an Act providing for the appointment of the clerk of the State Court of Chatham County by a majority vote of the judges of the superior courts of the Eastern Judicial Circuit and the judges of said state court so as to provide for a term of office for said clerk. SB 327. By Senators Phillips of the 9th and White of the 48th: A bill to create the Gwinnett County Arts Facility Authority; to provide for a definition; to provide for the purpose and powers of the authority; to provide for appointment, eligibility, and terms of the members of the authority; to provide for organization, quorum, meetings, and expenses of the authority; to provide for rules and regulations and for agents and employees; to provide for accountability and for financial and other records and for audits. SB 26. By Senator Alien of the 2nd: A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to number of judges of superior courts, so as to provide for a sixth judge of the Superior Court of the Eastern Judicial Circuit of Georgia; to provide for the appointment of such additional judge by the Governor. TUESDAY, MARCH 5, 1991 1303 The House has adopted by the requisite constitutional majority the following resolu tions of the House: HR 402. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st, Murphy of the 18th, Walker of the 115th and others: A resolution creating the James Earl Carter, Jr. Tribute Commission. HR 261. By Representatives Mann of the 6th, Morsberger of the 62nd, Poag of the 3rd, Lawrence of the 49th and Davis of the 45th: A resolution urging the United States Congress to open the cable industry to more competition in the marketplace. HR 352. By Representative Meadows of the 91st: A resolution authorizing the State Properties Commission to negotiate and exe cute a long-term lease of a certain tract of state owned real property located in the Warm Springs area and containing the historic hydrotherapy pool complex. The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate: SB 321. By Senator Kidd of the 25th: A bill to amend an Act creating and establishing a new charter for the City of Eatonton, as amended, so as to change the corporate limits of the city. The following bills of the Senate were introduced, read the first time and referred to committees: SB 444. By Senator Ramsey of the 54th: A bill to amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to state employees' insurance and benefits plans, so as to allow contracts for the inclusion of employees of nonprofit mental retardation service centers in the state employees' health benefits plan; to provide for duties of such nonprofit organizations under such contracts for health insurance. Referred to Committee on Governmental Operations. SB 445. By Senator Pollard of the 24th: A bill to amend Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to prior service credit and payments required to obtain credit in the Employees' Retirement System of Georgia, so as to provide that certain members shall be entitled to creditable service for employment by the Judicial Council of Georgia; to provide for employee contributions; to provide for related matters; to provide conditions for an effective date and automatic repeal. Referred to Committee on Retirement. SB 446. By Senators Ragan of the 32nd, Clay of the 37th and Thompson of the 33rd: A bill to provide for a $10,000.00 homestead exemption from certain City of Smyrna ad valorem taxes for certain residents 62 years of age or older; to provide for related matters; to provide for a referendum; to repeal certain existing home stead exemptions; to provide for effective dates. Referred to Committee on Urban and County Affairs. 1304 JOURNAL OF THE SENATE SB 447. By Senator Tate of the 38th: A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relative to the Employees' Retirement System of Georgia, so as to authorize cred itable service for certain part-time employment by the legislative branch of state government; to provide for a definition. Referred to Committee on Retirement. SB 448. By Senators Ragan of the 32nd, Clay of the 37th 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 sheriff, the chief deputy sheriff, the chief investigator, and the executive as sistant; to provide an effective date. Referred to Committee on Urban and County Affairs. SB 449. By Senator White 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; to annex certain prop erty into the city; to deannex certain property from the city. Referred to Committee on Urban and County Affairs. The following bills and resolutions of the House were read the first time and referred to committees: HB 360. By Representatives Barnett of the 10th, Stancil of the 8th and Pinholster of the 8th: A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, so as to create a new third judgeship for the Blue Ridge Judicial Circuit. Referred to Committee on Judiciary. HB 398. By Representatives Irwin of the 57th, Alford of the 57th and Henson of the 57th: A bill to provide for an additional judge of the superior court of Rockdale Judi cial Circuit. Referred to Committee on Judiciary. HB 516. By Representative Holmes of the 28th: A bill to provide for an additional judge of the superior court of the Atlanta Judicial Circuit. Referred to Committee on Judiciary. HB 534. By Representatives Wall of the 61st, Orr of the 9th, Lawson of the 9th and others: A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, so as to create a new sixth judgeship for the Gwinnett Judicial Circuit. Referred to Committee on Judiciary. HB 594. By Representatives Barnett of the 10th, Parham of the 105th and Harris of the 84th: A bill to amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, the "Used Car Dealers' Registration Act," so as to provide that leasing and rental TUESDAY, MARCH 5, 1991 1305 companies which are required to be licensed shall be exempt from certain re quirements; to provide for licensing of pawnbrokers who engage in sales of automobiles. Referred to Committee on Public Safety. HB 718. By Representative Martin of the 26th: A bill to repeal an Act approved April 17. 1963, providing for a chief judge of the Superior Court of the Atlanta Judicial Circuit. Referred to Committee on Judiciary. HB 720. By Representatives Lawson of the 9th and Lord of the 107th: A bill to amend Code Section 9-11-12 of the Official Code of Georgia Annotated, relating to answer, defenses, and objections in civil proceedings, so as to provide that an application for a stay of proceedings pursuant to the federal Soldiers' and Sailors' Civil Relief Act of 1940 shall not constitute an appearance for any pur pose of a civil proceeding. Referred to Committee on Special Judiciary. HB 760. By Representatives Chambless of the 133rd and Cheeks of the 89th: A bill to amend Chapter 6 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of beneficiaries of the United States Department of Veter ans Affairs, so as to change the provisions on compensation of guardians. Referred to Committee on Special Judiciary. HB 782. By Representatives Fennel of the 155th, Smith of the 156th and Coleman of the 118th: A bill to amend Code Section 32-10-71 of the Official Code of Georgia Annotated, relating to acquisition, maintenance, and operation of tollway projects, so as to authorize certain local governments to establish a parking fee for persons using certain tollway facilities; to authorize the local government to contract with the State Tollway Authority for assistance in collection of the fee. Referred to Committee on Transportation. HB 793. By Representatives Kilgore of the 42nd, Hamilton of the 124th, Thurmond of the 67th and Simpson of the 70th: A bill to amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick leave for teachers and other personnel, so as to revise the provi sions relating to sick leave banks or pools of voluntarily contributed employee sick leave days. Referred to Committee on Education. HB 798. By Representative Connell of the 87th: A bill to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveillance, and related offenses, so as to provide that any individual, partnership, association, joint-stock company, trust, or corporation authorized to transact business within the State of Georgia may monitor and record telephone conversations between its employees and its customers for the sole purpose of developing customer service. Referred to Committee on Judiciary. 1306 JOURNAL OF THE SENATE HB 814. By Representatives Alford of the 57th, Dobbs of the 74th, Milam of the 81st and Ware of the 77th: A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Water Quality Control Act," so as to establish limits on the amount of phosphorus which may be contained in waste water dis charged by certain water pollution control plants into the Chattahoochee River between Buford Dam and West Point Reservoir on or after January 1, 1992. Referred to Committee on Natural Resources. HB 820. By Representative Pettit of the 19th: A bill to amend Code Section 36-62-6 of the Official Code of Georgia Annotated, relating to general powers of authorities under the "Development Authorities Law," so as to provide that authorities shall have the power to expend surplus funds for the purpose of promoting industry, agriculture, and trade. Referred to Committee on Insurance and Labor. HB 822. By Representatives Walker of the 115th, Coleman of the 118th, Murphy of the 18th and Buck of the 95th: A bill to amend Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving forgery and fraudulent practices, so as to repeal the existing "Georgia Computer Systems Protection Act" and enact a new "Georgia Computer Systems Protection Act". Referred to Committee on Special Judiciary. HB 835. By Representative Lane of the 27th: A bill to amend Chapter 4 of Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to provide mobility impaired persons and their service dogs with the same rights and privileges granted to blind and deaf persons and their guide dogs with respect to public accommodations and housing accommodations. Referred to Committee on Health and Human Services. HB 845. By Representatives Randall of the 101st and Lord of the 107th: A bill to amend Code Section 33-25-10 of the Official Code of Georgia Annotated, relating to payment of interest on proceeds or payments under certain insurance policies, so as to change a rate of interest. Referred to Committee on Insurance and Labor. HB 875. By Representatives Hammond of the 20th, Flynt of the 75th and Pettit of the 19th: A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable and the procedure and schedule of bails, so as to provide that a judge of the superior court may delegate the authority to hear and set bail for certain offenses to any judge of any court of inquiry within the same judicial circuit. Referred to Committee on Special Judiciary. HB 886. By Representatives Watts of the 41st, Parham of the 105th and Watson of the 114th: A bill to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous provisions relative to the uniform rules of TUESDAY, MARCH 5, 1991 1307 the road, so as to require vehicles used to transport certain substances to be marked in a certain way. Referred to Committee on Transportation. HB 889. By Representatives Thomas of the 69th and Martin of the 26th: A bill to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to change the provisions relating to administration of the laws relating to mental health; to provide for access by the Department of Human Resources and county boards of health to certain records. Referred to Committee on Special Judiciary. HB 901. By Representatives Watson of the 114th and Pettit of the 19th: A bill to amend Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the organization and membership of the Public Service Commission, so as to change the method of calculating the special fee required of corporations and utilities subject to the jurisdiction of the Public Service Commission. Referred to Committee on Finance and Public Utilities. HB 905. By Representatives Ware of the 77th, Dunn of the 73rd, Ricketson of the 82nd and Jones of the 71st: A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to delete provisions requiring notice of can cellation or nonrenewal of an individual accident and sickness insurance policy; to require a notice of nonrenewal or termination of a group accident and sickness insurance policy. Referred to Committee on Insurance and Labor. HB 906. By Representatives Ware of the 77th, Dunn of the 73rd, Ricketson of the 82nd and Jones of the 71st: A bill to amend Chapter 31 of Title 33 of the Official Code of Georgia Annotated, relating to credit life insurance and credit accident and sickness insurance, so as to provide for the applicability of said Chapter 31 to life and accident and sick ness insurance sold on and after July 1, 1991. Referred to Committee on Insurance and Labor. HB 880. By Representative Green of the 106th: A bill to provide a new charter for the City of Sparta. Referred to Committee on Urban and County Affairs. HB 890. By Representatives Clark of the 20/3, Vaughan of the 20th, Wilder 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 891. By Representative Parrish of the 109th: A bill to amend an Act providing for a chief magistrate and a magistrate of the Magistrate Court of Candler County, so as to provide for the appointment of the chief magistrate and magistrate by a vote of the judges of the superior courts of the Middle Judicial Circuit. Referred to Committee on Urban and County Affairs. 1308 JOURNAL OF THE SENATE HB 899. By Representatives Flynt of the 75th and Adams of the 79th: A bill to create the Pike Clean and Beautiful Authority for the purpose of assist ing the Board of Commissioners of Pike County in establishing a solid waste recycling program and promoting environmental awareness. Referred to Committee on Urban and County Affairs. HB 909. 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 penalty provisions for ordinance violations. Referred to Committee on Urban and County Affairs. HB 911. 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 date of the organizational meeting of the city governing authority. Referred to Committee on Urban and County Affairs. HR 261. By Representatives Mann of the 6th, Morsberger of the 62nd, Poag of the 3rd and others: A resolution urging the United States Congress to open the cable industry to more competition in the marketplace. Referred to Committee on Finance and Public Utilities. HR 352. By Representative Meadows of the 91st: A resolution authorizing the State Properties Commission to negotiate and exe cute a long-term lease of a certain tract of state owned real property located in the Warm Springs area and containing the historic hydrotherapy pool complex. Referred to Committee on Finance and Public Utilities. HR 402. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and others: A resolution creating the James Earl Carter, Jr. Tribute Commission. Referred to Committee on Rules. The following reports of standing committees were read by the Secretary: 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 21. Do pass. SR 246. Do pass as amended. 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: TUESDAY, MARCH 5, 1991 1309 SB 316. HB 208. HB 626. Do pass by substitute. 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 270. Do pass. HB 861. Do pass. SB 371. Do pass. HB 863. Do pass. SB 437. 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 225. By Senators Ray of the 19th, Kidd of the 25th and Garner of the 30th: A resolution urging the governing authorities of counties and municipalities in this state to improve the retirement and pension systems of local law enforce ment officers. HB 133. By Representatives Parham of the 105th, Barnett of the 10th and Harris of the 84th: A bill to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records of the Department of Public Safety, so as to change certain provisions regarding access to certain motor vehicle records. HB 139. By Representatives Parham of the 105th, Barnett of the 10th and Harris of the 84th: A bill to amend Article 7 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, the "Uniform Commercial Driver's License Act," so as to change the applicability of the Act to certain types of vehicles; to change certain require ments for issuance of a commercial driver's license. HB 232. By Representatives Snow of the 1st, McCoy of the 1st, Meadows of the 91st and others: 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 authorize counties and munici palities in this state to enter into contracts and mutual aid agreements with counties or municipalities of any other state or with any agency of the United States for the provision of law enforcement services in a local emergency to the extent that the laws of such other state or the United States permit such joint contracts or agreements to furnish one another assistance in law enforcement. HB 248. By Representatives Cummings of the 134th, Holmes of the 28th, Hightower of the 36th and others: A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to penal institutions in general, so as to provide that the Department of 1310 JOURNAL OF THE SENATE Corrections shall conduct random periodic unannounced testing for controlled substance, marijuana, and alcohol abuse by any inmate or personnel of a penal institution. HB 279. By Representatives Dunn of the 73rd, Pinkston of the 100th, Childers of the 15th 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 prohibit certain provisions relating to the utilization and reimbursement of out-of-state mail order pharmacies in group or blanket accident and sickness insurance poli cies or preferred provider arrangements under such policies. HB 296. By Representatives Teper of the 46th, Alford of the 57th, Sherrill of the 47th and others: A bill to amend Code Section 47-20-10 of the Official Code of Georgia Annotated, relating to minimum employer contributions to retirement systems under the "Public Retirement Systems Standards Law," so as to provide that prefunding anticipated future costs of providing health care benefits for retired employees shall not be subject to such minimum funding requirements. HB 478. By Representatives Murphy of the 18th and Groover of the 99th: A bill to amend Code Section 47-9-70 of the Official Code of Georgia Annotated, relating to retirement and eligibility for benefits under the "Act Creating the Superior Court Judges Retirement System," so as to delete the provisions rela tive to mandatory retirement age and forfeiture of benefits in connection therewith. HB 483. By Representatives Cummings of the 17th and Floyd of the 135th: A bill to amend Code Section 47-9-76 of the Official Code of Georgia Annotated, relating to postretirement cost-of-living benefit adjustments for members of the Superior Court Judges Retirement System, so as to provide for voluntary with drawal from eligibility for such adjustments. HB 531. By Representatives Jenkins of the 80th, Twiggs of the 4th, Barnett of the 10th and others: A bill to amend Article 3 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to disposition of property seized, so as to provide for the disposition of certain personal property in the custody of law enforcement agencies. HB 558. By Representatives Patten of the 149th, Long of the 142nd and Floyd of the 135th: A bill to amend Chapter 51 of Title 43 of the Official Code of Georgia Annotated, relating to water and wastewater treatment plant operators and laboratory ana lysts; so as to amend the automatic repeal of such chapter; to define certain terms. HB 637. By Representatives Cummings of the 17th and Floyd of the 135th: A bill to amend Code Section 47-1-2 of the Official Code of Georgia Annotated, relating to the pooling of funds by retirement systems for investment purposes, so as to change a provision relating to the determination of state retirement systems. TUESDAY, MARCH 5, 1991 1311 HB 646. By Representatives Parham of the 105th, Jackson of the 9th and Barnett of the 10th: A bill to amend Code Section 10-1-651 of the Official Code of Georgia Annotated, relating to termination, cancellation, or nonrenewal of a motor vehicle franchise, so as to provide that the protections afforded to motor vehicle dealers shall be available to a motor vehicle distributor. HB 656. By Representative Cummings of the 17th: A bill to amend Code Section 47-3-83 of the Official Code of Georgia Annotated, relating to creditable service for military service under the Teachers Retirement System of Georgia, so as to provide for a continuation of employer contributions for members required to perform ordered military duty. HB 695. By Representative Blitch of the 150th: A bill to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to authorize the Georgia Student Finance Commission, the Georgia Higher Education Assistance Corporation, and the Georgia Student Finance Authority to advertise or other wise promote their programs, functions, and purposes and to expend funds for such purposes. HB 706. By Representatives Balkcom of the 140th, Meadows of the 91st, Moultrie of the 93rd and McKelvey of the 15th: A bill to amend Code Section 12-3-10 of the Official Code of Georgia Annotated, relating to prohibited acts within parks, historic sites, and recreational areas, so as to make parking of vehicles in certain places unlawful. HB 709. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Alford of the 57th: A bill to amend Chapter 9 of Title 12 of the Official Code of Georgia Annotated, "The Georgia Air Quality Act of 1978," so as to change provisions relating to fees charged as a condition of any permit required by the chapter. HR 337. By Representatives Smith of the 156th and Fennel of the 155th: A resolution providing for the dedication of the Department of Natural Re sources Regional Headquarters Building in Brunswick, Georgia, in honor of Sa muel Thomas Cofer. The doctor of the day serving while the General Assembly was in recess on March 4, 1991, was Dr. William B. Jones of Gainesville, Georgia. The following communication from Honorable Max Cleland, Secretary of State, was received and read by the Secretary: STATE OF GEORGIA Office of Secretary of State I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of persons numbered 1023 through 1049, who have registered in the Docket of Legislative Appearance as of March 1, 1991, 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 1st day of March, in the year of our Lord 1312 JOURNAL OF THE SENATE One Thousand Nine Hundred and Ninety-One and of the Independence of the United States of America the Two Hundred and Fifteenth. (SEAL) M Max Cleland Secretary of State 1023. Perry Lee Mitchell, III P.O. Box 777 Millen, Georgia 30442 (912)982-2618 State YMCA of Georgia 1024. Jonathan G. Walker 17 Forest Hill Drive SW Cartersville, Georgia 30120 (404)382-6882 State YMCA of Georgia 1025. Thomasina Odom 601 E. 48th Street Savannah, Georgia 31405 (912)238-0313 State YMCA of Georgia 1026. Latonia Roberson 241 Popham Road SW Taylorsville, Georgia 30178 (404)684-8374 State YMCA of Georgia 1027. Curley Davis P.O. Box 8309 Atlanta, Georgia 30306 (404)874-1124 Professional Firefighters of Georgia 1028. Quinton S. King 843 Dalrymple Road Terrace Suite Atlanta, Georgia 30328 (404)392-0770 Georgia Association of Realtors 1029. Chris Evangelista 1117 Forest Drive Pooler, Georgia 31322 (912)748-5039 State YMCA of Georgia 1030. Wednesday K. Adams 300 Lewis Drive Apt. 411 Savannah, Georgia 31406 (912)920-8036 State YMCA of Georgia 1031. Kesha Godfrey Rt. 1, Box 86 C Grantville, Georgia 30220 (404)927-6284 State YMCA of Georgia 1032. Joshua Wendelken 115 Copperfield Savannah, Georgia 31410 (912)897-0032 State YMCA of Georgia 1033. George Sweat 1917 East 57th Savannah, Georgia 31404 (912)356-1871 State YMCA of Georgia 1034. Laura Wheatley 62 Hidden Lake Court Savannah, Georgia 31419 (912)927-6258 State YMCA of Georgia 1035. Heather Haslam 1589 Garrett Creek Road Bowden, Georgia 30108 (404)258-3161 State YMCA of Georgia 1036. Lara Hearnburg 135 N. Fairlawn Drive Carrollton, Georgia 30117 (404)834-8175 State YMCA of Georgia 1037. Marshall Dye P.O. Box 102 Winston, Georgia 30187 (404)942-7253 State YMCA of Georgia 1038. Richard D. Metts 956 Gordon Street Atlanta, Georgia 30331 (404)752-6607 Black Slate, Inc. 1039. Akilah Nosakhere P. O. Box 20193 Atlanta, Georgia 30325 (404)347-0506 Black Slate, Inc. TUESDAY, MARCH 5, 1991 1313 1040. Margaret R. Ball P. O. Box 174 2475 Dug Gap Road, S.W. Dalton, Georgia 30722 (404)277-3255 Georgia League of Women Voters of the Dalton Area, Inc. 1041. Ishmail A. Nurid-Deen 702 Crest Way Union City, Georgia 30291 (404)964-7295 Muslim American Political Action Committee 1042. Phil L. Baldwin 200 West Main Street Cartersville, Georgia 30120 (404)382-4171 The Prudential Savings Bank Prudential Bank & Trust Company Cartersville-Bartow County Chamber of Commerce 1043. Jennifer B. Wyllie 161 Spring Street Suite 716 Atlanta, Georgia 30303 (404)588-1707 Grady Memorial Hospital Morehouse School of Medicine Georgia Warehouse Association Dehart & Darr 1044. Charles Graves 504 Riverside Parkway Rome, Georgia 30101 (404)235-5024 3M Company 1045. Robert Shig Porter 4750 Waters Avenue Suite 472 Savannah, Georgia 31404 (912)351-5170 Memorial Medical Center, Inc. Provident Health Services, Inc. 1046. Guy E. Wood 141 Pryor Street Atlanta, Georgia 30303 (404)730-6446 Georgia Association of Assessing Officials (GAAO) 1047. Nancy L. Veres 2087 Shillingwood Drive Kennesaw, Georgia 30144 (404)424-8755 Georgia Friends of Midwives 1048. Claudia Conn 2986 Acworth Due West Road Kennesaw, Georgia 30144 (404)974-5540 Georgia Friends of Midwives 1049. Robert H. Griggers 7611 Houston Road Byron, Georgia 31008 (912)788-4918 Georgia Automotive Recyclers Association The President called for the morning roll call, and the following Senators answered to their names: Albert Alien Bishop Bowen Burton Clay Coleman Collins Dawkins Deal Echols Edge English Foster Gillis Harris Hasty Henson Hill Hooks Huggins Kidd Langford Marable Moye Newbill Olmstead Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Shumake Starr Steinberg Tate Taylor Timmons Turner Tysinger Walker of 22nd Walker of 43rd White 1314 JOURNAL OF THE SENATE Those not answering were Senators: Baldwin Broun Dean Egan Garner Hammill Johnson Perdue Phillips Scott Thompson Senator Henson of the 55th introduced the chaplain of the day, Reverend Miles Fowler, pastor of Big Miller Grove Baptist Church, Lithonia, Georgia, who offered scripture reading and prayer. The following resolutions of the Senate were read and adopted: SR 259. By Senators Albert of the 23rd, Walker of the 22nd and Pollard of the 24th: A resolution commending Joseph Brian Williams. SR 260. By Senators Deal of the 49th, Foster of the 50th, Edge of the 28th and others: A resolution expressing regret at the passing of Honorable Howard T. Overby. SR 261. By Senator Moye of the 34th: A resolution commending the Wolf Creek Skeet and Trap Club and residents of the community near Cochran Mill Park for their support of these sites for Olympic competition. SR 262. By Senator Henson of the 55th: A resolution commending Mr. Craig Hardegree. SR 263. By Senator Pollard of the 24th: A resolution commending the students and faculty of Evans Middle School in Columbia County. SR 264. By Senator Timmons of the llth: A resolution designating the Stewart County Wild Game and Fish Cookoff arid Exposition as the Official Georgia Wild Game and Fish Cookoff and Exposition. 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 March 5, 1991 THIRTY-THIRD LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) SB 270 Newbill, 56th Scott, 36th Egan, 40th Shumake, 39th Langford, 35th Tate, 38th Moye, 34th A bill to provide that the Board of Commissioners of Fulton County shall site no new landfill until it enacts a local solid waste disposal plan. TUESDAY, MARCH 5, 1991 1315 SB 371 Newbill, 56th Clay, 37th Thompson, 33rd Ragan, 32nd A bill to change the provisions relating to the supplement to be paid to each of the judges of the superior court of the Cobb Judicial Circuit; to provide for an additional supplement for the chief judge. SB 437 Clay, 37th Newbill, 56th Thompson, 33rd Ragan, 32nd A bill to add an additional judge to the second division of the State Court of Cobb County. HB 861 Deal, 49th Newbill, 56th A bill to change the compensation of the chairman and members of the Board of Commissioners of Forsyth County. HB 863 Garner, 30th Moye, 34th A bill to provide a method of filling vacancies on the board of the Hospital Authority of Douglas County. HB 856 Perdue, 18th A bill to revise provisions relating to the authority of the police court in the City of Centerville to impose fines and imprisonment; to provide that neither the mayor nor any councilmember may hold an elected or appointed office or otherwise be employed by the city. The substitute to the following bill was put upon its adoption: HB 856: Senator Perdue of the 18th offered the following substitute to HB 856: A BILL To be entitled an Act to amend an Act incorporating the City of Centerville, approved March 25, 1958 (Ga. L. 1958, p. 3323), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 4019) and an Act approved March 11, 1964 (Ga. L. 1964, p. 2858), so as to revise provisions relating to the authority of the police court to impose fines and impris onment; to provide that neither the mayor nor any councilmember may hold an elected or appointed office or otherwise be employed by the city; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act incorporating the City of Centerville, approved March 25, 1958 (Ga. L. 1958, p. 3323), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 4019) and an Act approved March 11, 1964 (Ga. L. 1964, p. 2858), is amended by striking in their entirety Section 19 and Section 20 and inserting in lieu thereof new Sections 19 and 20, respectively, to read as follows: "Section 19. A police court of said corporation is hereby created. It shall be optional with the mayor and councilmen whether the mayor shall serve as presiding officer of the 1316 JOURNAL OF THE SENATE court, or whether they shall elect a recorder as such presiding officer. In the absence or disability of the presiding officer, the mayor shall appoint a councilman or any other resi dent of Houston County who is qualified to vote for members of the General Assembly to act as the presiding officer. All processes, summons, and all attachments and executions for fines and other writs issuing out of said court shall be issued, served, and returned as pre scribed by the governing authority, bear teste in the name of the presiding officer, shall be directed to any officer or agent of the corporation, or to the sheriff of Houston County in the alternative, and served and executed by an officer or agent to whom directed. Said court shall be held as often as necessary to clear the dockets of said court. Said court shall have jurisdiction and authority: (a) To try offenses against the laws and ordinances of the municipal government and to punish for a violation of the same; (b) To punish witnesses for nonattendance, and to punish also any person who may counsel or advise, aid, encourage, or persuade another whose testimony is desired or mate rial in any proceeding in said court to go or move beyond the reach of the process of the court; (c) To punish for any contempt of court; and (d) Through the presiding officer to impose fines or imprisonment or both as set by city ordinance within guidelines established by general law. The presiding officer shall be authorized to issue warrants for offenses against the laws of the State and within the limits of the corporation, which warrants may be executed by any officer or agent designated by the governing authority, and to commit the offenders to the jail of Houston County, or admit them to bail in bailable cases for their appearance at the next term of a court of competent jurisdiction to be held in and for said county. In all cases in the police court involving a violation of the penal statutes of Georgia, where the accused is bound over to the Superior Court of Houston County for trial, or in default of bond, committed by the police court to the common jail of Houston County to await trial, the municipality shall be allowed the following costs: Issuing warrant ........................................................... $1.25 Taking examination of defendant 1.25 Examining witnesses, each .................................................. 0.30 Making out commitment ................................................... 0.35 Summoning witnesses, each ................................................. 0.30 Serving warrant............................................................ 1.25 Keeping and maintaining prisoner 1.25 per day Said cost shall be collected by the court in which the case is tried or triable in the same manner as other costs are collected by such court and paid over to the municipality. The mayor and councilmen shall have full power and authority to pass all laws and ordinances, rules and regulations, necessary to secure the efficient and successful adminis tration of the court. The right of certiorari from the decisions and judgments of the presiding officer shall exist in all criminal cases, and such certiorari shall be obtained under the sanction of the judge of the Superior Court of Houston County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. Section 20. Except where authorized by law, neither the mayor nor any council member shall hold any other elected or compensated appointive office in the city or otherwise be employed by the city or any agency thereof during the term for which he or she was elected. Members of the council holding office on January 1, 1991, are exempted from this requirement." Section 2. All laws and parts of laws in conflict with this Act are repealed. TUESDAY, MARCH 5, 1991 1317 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, except HB 856, was agreed to. On the passage of all the bills on the Senate Local Consent Calendar, except HB 856, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Broun Burtn Clay CDoawlekminans Deal Dean Echols Edge English Foster Garner Gillis Hammill Harris Hasty Hil1 Hooks Huggms JKoihdndson Marable Moye Newbill Olmstead Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Shumake gtarr S,, tem. b, erg l ate Taylor Timmons Turner Tysinger Walker of 43rd White Those not voting were Senators: Bowen Collins Egan Henson Langford Perdue Scott Thompson Walker of 22nd On the passage of all the local bills, except HB 856, the yeas were 47, nays 0. All the bills on the Senate Local Consent Calendar, except HB 856, having received the requisite constitutional majority, were passed. The President announced that, pursuant to Senate Rule 143, consideration of HB 856 would be suspended until the next meeting day of the Senate, Wednesday, March 6. SENATE RULES CALENDAR Tuesday, March 5, 1991 THIRTY-THIRD LEGISLATIVE DAY SR 213 Andersonville POW Memorial Trail--designate (Gov Op--5th) SB 320 Misappropriation of Trade Secrets--provide for offense (Substitute) (S Judy--16th) SB 407 Nonpublic Postsecondary Educational Institution Act--change certain exemp tions (H Ed--44th) SB 433 Minority Educator Recruitment Office--Department of Education create (Ed--38th) SR 43 Senate Music Industry Committee--create (Rules--31st) SB 395 Seat Belts--offense of failure to wear seat belt (Judy--16th) 1318 JOURNAL OF THE SENATE SB 394 Divorce Petitions--show birth dates of petitioner, respondent (Amendment) (Judy--24th) SB 417 Quality Basic Education Act--conditions to count student for high school pro grams while in postsecondary institutions (Ed--45th) SB 388 Criminal Procedure--offenses bailable only before superior court (Judy--49th) SR 229 Welfare Child School Attendance--urge Department of Human Resources re quest certain waiver (Gov Op--39th) SR 235 Lyle Jones Parkway--designate (Trans--53rd) SB 410 Budget Estimates--five year strategic plans by each budget unit (Substitute) (Approp--47th) SB 106 Merit System--procedures for personnel hearings (Substitute) (Gov Op--25th) SR 198 Property in High Falls and Watson Bridge State Park--state lease (F&PU--27th) SB 415 Georgia Tort Claims Act--provide (Judy--47th) SB 376 Certain Law Enforcement Records--prohibit copying for certain solicitations (Substitute) (S Judy--44th) SR 232 Senate Study Committee on Regulation of Physician's Assistants--create (Rules--25th) SB 426 Executive Fellows Program--establish under state government (Gov Op--25th) SB 416 Structural Pest Control Commission--expand licensing powers (Gov Op--20th) SR 233 Roger E. James Bridge--designate (Trans--6th) HB 72 Controlled Substances Act--change provisions on property forfeiture (Substi tute) (Judy--16th) Respectfully submitted, /s/ Nathan Dean of the 31st, Chairman Senate Rules Committee The following general resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption: SR 213. By Senators Burton of the 5th, Hooks of the 14th and Kidd of the 25th: A resolution designating the Andersonville POW Memorial Trail. Senator Burton of the 5th offered the following amendment: Amend SR 213 as follows: On page 2, line 10, strike the word "Macon" and insert in lieu thereof the words "Fort Valley"; On page 2, line 11, before the word "to", insert the following: "and the section of Georgia State Highway 49 extending from Fort Valley to Americus be redesignated as the Andersonville POW Memorial Trail". On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended. On the adoption of the resolution, a roll call was taken, and the vote was as follows: TUESDAY, MARCH 5, 1991 1319 Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Clay CCoollleimnsan Dawkins Deal Dean Echols Edge Foster Gillis Hammill Harris Hasty Henson Hill Hooks Hugg ins Johnson KLaidndgford Marable Moye Newbill Olmstead Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Stan SQtem. b, erg late Taylor Thompson Timmons Turner Tysinger White Those not voting were Senators: Egan English Garner Perdue Walker of 22nd Walker of 43rd On the adoption of the resolution, the yeas were 50, nays 0. The resolution, having received the requisite constitutional majority, was adopted as amended. Senator Hill of the 4th moved that Senator Perdue of the 18th be excused from the Senate today due to illness. On the motion, the yeas were 36, nays 0; the motion prevailed, and Senator Perdue of the 18th was excused from the Senate today. Senator Ragan of the 32nd moved that Senator Egan of the 40th be excused from the Senate today in order to attend a funeral. On the motion, the yeas were 32, nays 0; the motion prevailed, and Senator Egan of the 40th was excused from the Senate today. The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage: SB 320. By Senator Robinson of the 16th: A bill to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, so as to provide for the offense of misappropriation of trade secrets; to provide for definitions; to provide for a penalty. The Senate Committee on Special Judiciary offered the following substitute to SB 320: A BILL To be entitled an Act to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, so as to provide for the offense of misappropriation of 1320 JOURNAL OF THE SENATE trade secrets; to provide for definitions; to provide for a penalty; to provide for related mat ters; 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 16 of the Official Code of Georgia Annotated, relating to theft, is amended by striking Code Section 16-8-13, relating to stealing and em bezzling trade secrets, which reads as follows: "16-8-13. (a) As used in this Code section, the term: (1) 'Article' means any object, material, device, substance, or copy thereof, including any writing, record, recording, drawing, sample, specimen, prototype, model, photograph, microorganism, blueprint, or map. (2) 'Copy' means any facsimile, replica, photograph, or other reproduction of an article and any note, drawing, or sketch made of or from an article. (3) 'Representing' means describing, depicting, containing, constituting, reflecting, or recording. (4) 'Trade secret' means the whole or any portion or phase of any scientific or technical information, design, process, procedure, formula, or improvement which is secret and of value; and a trade secret shall be presumed to be secret when the owner thereof takes mea sures to prevent it from becoming available to persons other than those selected by the owner to have access thereto for limited purposes. (b) Any person who steals or embezzles an article representing a trade secret or without authority makes or causes to be made a copy of an article representing a trade secret with intent to deprive or withhold from the owner thereof the control of a trade secret or with intent to appropriate a trade secret to his own use or to the use of another, commits the offense of theft of a trade secret and, upon conviction thereof, shall be punished by impris onment for not less than one nor more than five years, provided that, if the value of the article stolen, embezzled, or copied, including the value of the trade secret represented thereby, is not more than $100.00 he shall be punished as for a misdemeanor. (c) In a prosecution for any violation of this Code section it shall be no defense that the person charged returned or intended to return the article stolen, embezzled, or copied.", and inserting in lieu thereof the following: "16-8-13. (a) As used in this Code section the term: (1) 'Improper means' means, with respect to a trade secret, (A) appropriating, con verting, obtaining possession or control of, or taking such trade secret with knowledge that such act is without authorization, whether or not with the intention of depriving the owner or a licensee of possession, or (B) obtaining possession or control of such trade secret by deceitful means or artful practice, whether or not with the intention of depriving the owner or a licensee of possession. Reverse engineering of a trade secret not acquired by misappro priation or independent development shall not be considered improper means. (2) 'Improper purpose' means, with respect to a trade secret, (A) using or permitting others to use such trade secret for personal or economic advantage or (B) disrupting, dam aging, or interfering with the ability of the owner or a licensee of such trade secret to obtain personal or economic advantage through the use of such trade secret or by maintaining the secrecy or limiting the use of such trade secret. (3) 'Misappropriation' means: (A) Acquisition of a trade secret of another by a person who: (i) Knows or should have known that the trade secret was acquired by improper means; and (ii) Intends to use such trade secret for an improper purpose; or TUESDAY, MARCH 5, 1991 1321 (B) Disclosure or use of a trade secret of another for an improper purpose without express or implied consent by a person who: (i) Used improper means to acquire knowledge of a trade secret; or (ii) At the time of such disclosure or use, knew or should have known that knowledge of the trade secret was derived from or through a person who had utilized improper means to acquire it. (4) 'Trade secret' means information including, but not limited to, technical or nontech nical data, a formula, a pattern, a compilation, a program, a device, a method, a technique, a drawing, a process, financial data, financial plans, product plans, or a list of actual or poten tial customers or suppliers which: (A) Derives economic value, actual or potential, from not being generally known to and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use; and (B) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. (b) Any person who ever misappropriates a trade secret shall, upon conviction, be pun ished by a fine of not more than $50,000.00 or imprisonment for not more than five years, or both. (c) In a prosecution for any violation of this Code section, the court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protec tive orders in connection with discovery proceedings, holding in camera hearings, sealing the records of the action, and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval. (d) For the purposes of this Code section, a continuing misappropriation by any person constitutes a single claim against that person, but this Code section shall be applied sepa rately to the claim against each person who receives a trade secret from another person who misappropriated that trade secret. (e) This Code section shall not affect: (1) Contractual duties or remedies, whether or not based on misappropriation of a trade secret; (2) The provisions of Code Sections 10-1-761 through 10-1-767, pertaining to civil offenses and remedies involving the misappropriation of a trade secret; or (3) Other civil or criminal laws that presently apply or in the future may apply to any transaction or course of conduct that violates 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 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 Alien Baldwin Bishop Bowen Broun Burton Coleman Collins Dean Echols Edge Garner Gillis Hammill 1322 JOURNAL OF THE SENATE Harris Hasty Henson H ;l1 00 Perry Phillips Pollard Ragan of 10th Ragan of 32nd Starr Tate Taylor Thompson Timmons Kidd Marable Moye Rav Robinson Scott Tysmger Walker of 22nd White Those voting in the negative were Senators: Clay Dawkins Deal Foster Langford Newbill Olmstead Shumake Steinberg Those not voting were Senators: Egan (excused) English Perdue (excused) Walker of 43rd On the passage of the bill, the yeas were 43, nays 9. The bill, having received the requisite constitutional majority, was passed by substitute. SB 407. By Senator Starr of the 44th: A bill to amend Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, the "Nonpublic Postsecondary Educational Institutions Act of 1990," so as to change certain exemptions; to provide an effective date. Senators Starr of the 44th and Garner of the 30th offered the following amendment: Amend SB 407 by inserting in line 4 on page 1 between the word "change" and the word "certain" the words "and add". By redesignating Sections 2 and 3 as Sections 3 and 4, respectively, and by adding a new Section 2 to read as follows: "Section 2. Said part is further amended by striking the word 'and' at the end of para graph (12) of subsection (a) of Code Section 20-3-250.3, relating to exemptions, by striking the period at the end of paragraph (13) of said subsection (a) and inserting in lieu thereof'; and', and by adding at the end of said subsection (a) a new paragraph (14) to read as follows: '(14) Subject to the requirements of subsection (c) of Code Section 20-3-250.6, any col lege whose principal office and campus are located in this state and offers both associate and baccalaureate degrees and is accredited by the Southern Association of Colleges and Schools Commission on Colleges.' " On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. TUESDAY, MARCH 5, 1991 1323 On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Olmstead Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Scott Starr Steinberg Ti 'aaltpe Taylor Thompson Turner Tysinger Walker of 22nd White Those not voting were Senators: Bowen Egan (excused) Newbill Perdue (excused) Ray Robinson Shumake Timmons Walker of 43rd On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. SB 433. By Senators Tate of the 38th, Foster of the 50th, Ray of the 19th 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 create in the De partment of Education an office of minority educator recruitment; to provide for purposes and reports. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Deal Dean Echols English Foster Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Olmstead Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson Scott Shumake Starr Steinberg Tate Taylor Thompson Turner Tysinger Walker of 22nd Walker of 43rd White 1324 JOURNAL OF THE SENATE Those not voting were Senators: Dawkins Edge Egan (excused) Garner Newbill Perdue (excused) Ray Timmons On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. Lieutenant Governor Howard and Senator English of the 21st introduced Honorable James E. Folsom, Jr., Lieutenant Governor of the State of Alabama, who, having been com mended and recognized by SR 216 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 43. By Senator Dean of the 31st: A resolution creating the Senate Music Industry Committee, an interim study committee, and a citizens' advisory council thereto. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun CCoollleimnsan Dawkins Deal Dean Echols Edge English Foster Garner Gillis Hammill Harris He,nson H'11 , "ooks JHouhgngsmons Kidd Langford Marable Moye Olmstead Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson Scott Shumake S_ tem. berg Tate Taylor Thompson Turner Tysinger White Voting in the negative was Senator Newbill. Those not voting were Senators: Egan (excused) Hasty Perdue (excused) Ray Starr Timmons Walker of 22nd Walker of 43rd On the adoption of the resolution, the yeas were 47, nays 1. The resolution, having received the requisite constitutional majority, was adopted. TUESDAY, MARCH 5, 1991 1325 The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage: SB 395. By Senator Robinson of the 16th: A bill to amend Code Section 40-8-76.1 of the Official Code of Georgia Anno tated, relating to the use of seat safety belts in passenger vehicles, so as to pro vide that a person who fails to comply with certain provisions relating to the use of seat safety belts and who is also charged with violating any provision of Chap ter 6 of Title 40 or of violating any lawful ordinance adopted by a local governing authority regulating the operation of motor vehicles shall be guilty of the offense of failure to wear a seat safety belt. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge English Foster Garner Gillis Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson Scott Shumake Steinberg Taylor Thompson Turner Tysinger White Those not voting were Senators: Baldwin Egan (excused) Hammill Perdue (excused) Ray Starr Tate Timmons Walker of 22nd Walker of 43rd On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 394. By Senator Pollard of the 24th: A bill to amend Code Section 19-5-5 of the Official Code of Georgia Annotated, relating to petitions for divorce, their contents and verification, and demands for a detailed statement, so as to provide that the petition shall show the dates of birth of the petitioner and the respondent. 1326 JOURNAL OF THE SENATE The Senate Committee on Judiciary offered the following amendment: Amend SB 394 by adding after the word "respondent" on line 5 of page 1 the following: ", if known, and if not known, a statement that any such dates of birth are not known". By striking line 5 of page 2 and inserting in lieu thereof the following: "the respondent, if known, and if not known, a statement that any such dates of birth are not known.'". On the adoption of the amendment, the yeas were 30, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill 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 Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge English Garner Gillis Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson Shumake Starr Steinberg Tate Thompson Timmons Turner Tysinger Walker of 43rd White Those not voting were Senators: Egan (excused) Foster Hammill Perdue (excused) Ray Scott Taylor Walker of 22nd On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. SB 417. By Senators Dawkins of the 45th, Taylor of the 12th, Robinson of the 16th and Foster of the 50th: 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 change the conditions under which certain students may be counted for high school programs while enrolled in postsecondary institutions; to provide for definitions. Senators Dawkins of the 45th, Newbill of the 56th and Marable of the 52nd offered the following amendment: Amend SB 417 by adding "or pupil aged 16 or over" after "pupil" on line 26 of page 4. TUESDAY, MARCH 5, 1991 1327 By striking "pupils in grades 10 and 11" on lines 10 and 11 of page 5 and inserting in their place "eligible pupils". By striking "its" and inserting in its place "such" on line 12 of page 5. By inserting immediately following "an eligible institution." on line 17 of page 5 the following: "Such counseling services will include information relative to what institutions and courses are eligible for participation, the process for granting academic credits, financial arrangements for tuition, books, and materials, available support services, the need to ar range an appropriate schedule, consequences of failing or not completing a course, the effect of the program on a pupil's ability to complete a course, the effect of the program on a pupil's ability to complete required high school graduation requirements, and the academic and social responsibilities of pupils and their parents or guardians, including the continuing responsibility to obey the rules and regulations of the eligible institutions and the high school as appropriate." On the adoption of the amendment, the yeas were 32, 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 Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger White Those voting in the negative were Senators: Shumake Walker of 22nd Walker of 43rd Those not voting were Senators: Egan (excused) Perdue (excused) Phillips On the passage of the bill, the yeas were 50, nays 3. The bill, having received the requisite constitutional majority, was passed as amended. 1328 JOURNAL OF THE SENATE The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has adopted by the requisite constitutional majority the following resolution of the House: HR 288. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st, Kilgore of the 42nd and Alford of the 57th: A resolution proposing an amendment to the Constitution so as to provide for the election of local boards of education; to provide for the appointment of local school superintendents by elected local boards of education. The following resolution of the House was read the first time and referred to committee: HR 288. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and others: A resolution proposing an amendment to the Constitution so as to provide for the election of local boards of education; to provide for the appointment of local school superintendents by elected local boards of education. Referred to Committee on Education. Senator Tysinger of the 41st introduced the doctor of the day, Dr. Cari L. Finney, of Atlanta, Georgia. The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage: SB 388. By Senator Deal of the 49th: A bill 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. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge English Foster Garner Gillis Hammill Harris Hasty Henson Hill Huggins Johnson Kidd Langford Marable Newbill Olmstead Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg TUESDAY, MARCH 5, 1991 1329 Tate Taylor Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Egan (excused) Hooks Moye Perdue (excused) Phillips Thompson On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption: SR 229. By Senator Shumake of the 39th: A resolution urging the Department of Human Resources to request a waiver from the federal Department of Health and Human Services. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Alien Baldwin Bowen Broun Burton Clay Coleman Collins Dean Echols Edge English Foster Garner Gillis Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Moye Olmstead Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson Shumake Starr Steinberg Taylor Timmons Turner Tysinger Walker of 43rd White Those voting in the negative were Senators: Albert Bishop Dawkins Tate Langford Those not voting were Senators: Deal Egan (excused) Hammill Marable Newbill Perdue (excused) Ray Scott Thompson Walker of 22nd On the adoption of the resolution, the yeas were 41, nays 5. The resolution, having received the requisite constitutional majority, was adopted. 1330 JOURNAL OF THE SENATE The following general resolution and bills of the Senate, favorably reported by the com mittees, were read the third time and put upon their passage: SR 235. By Senator Huggins of the 53rd: A resolution designating the Lyle Jones 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: Albert Alien Baldwin Bishop Bowen Broun Garner Gillis Hammill Harris Hasty Henson Clay CCoollleimnsan Dawkins Deal Dean Echols Edge English Foster Hooks JHouhgngsionns Kidd Marable Moye Olmstead Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott SShtaurmr ake bStteeminbbeerrge ,iat<; lavlor Timmons Turner Tysinger Walker of 22nd White Those not voting were Senators: Egan (excused) Langford Newbill Perdue (excused) Thompson Walker of 43rd On the adoption of the resolution, the yeas were 50, nays 0. The resolution, having received the requisite constitutional majority, was adopted. SB 410. By Senators Johnson of the 47th, Deal of the 49th, Garner of the 30th and Thompson of the 33rd: A bill to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to management of budgetary and financial affairs, so as to require the submission of certain five-year strategic plans by each budget unit in conjunction with budget estimates. The Senate Committee on Appropriations offered the following substitute to SB 410: A BILL To be entitled an Act to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to management of budgetary and financial af fairs, so as to require the submission of certain five-year strategic plans by each budget unit; to provide for the contents of such plans; to amend Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Audits and Accounts, so as to provide for program reviews of existing and proposed programs of each state agency; to TUESDAY, MARCH 5, 1991 1331 provide for a short title; to specify the contents of such reviews; to provide for powers, duties, and authority of the state auditor and the Department of Audits and Accounts with respect to such reviews; to provide for certain reviews by private firms; to change certain provisions regarding certain special examinations; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to management of budgetary and financial affairs, is amended by adding a new subsection at the end of Code Section 45-12-78, relating to preparation of annual budget estimates, to be designated subsection (e), to read as follows: "(e) Not later than May 1 of each year, the head of each budget unit other than the General Assembly and the judiciary shall submit a five-year strategic plan which is reflective of the budget unit's programs and services and other functions which need improvement state wide or in selected areas of the state and which contains the priorities and planned actions designed to address such needs. Each plan shall contain a description of assessed needs, a list of planned improvements of programs or services designed to address the as sessed needs, a forecast of the costs of providing such services, a list of the goals for the programs or services to be improved, a list of objectives determined from these goals, a course of action for achieving the planned improvements including an implementation time table, an evaluation system to determine if the objectives in the plan are being attained, and such other items as the Office of Planning and Budget may deem necessary including, but not limited to, the criteria specified in paragraphs (1) through (4) of subsection (b) of Code Section 50-6-24.1. The Office of Planning and Budget shall prescribe the method and imple mentation schedule by which such strategic plans shall be submitted and reviewed for approval." Section 2. Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Audits and Accounts, is amended by striking Code Section 50-6-4, relat ing to the requiring of certain special examinations, and inserting in its place a new Code Section 50-6-4 to read as follows: "50-6-4. Either the Governor, the Appropriations Committee of the House of Repre sentatives, or the Appropriations Committee of the Senate shall have the right and author ity to direct and require the state auditor to make a special examination into and audit of all the books, records, accounts, vouchers, warrants, bills, and other papers, records, finan cial transactions, and management of any department, institution, agency, commission, bu reau, or office of the state at any time or to make a program review in the manner specified in Code Section 50-6-24.1." Section 3. Said chapter is further amended by adding a new Code section immediately following Code Section 50-6-24, to be designated Code Section 50-6-24.1, to read as follows: "50-6-24.1. (a) This Code section shall be known and may be cited as the 'Cost-Benefit Review Act of 1991.' (b) On and after July 1, 1991, the Department of Audits and Accounts shall conduct program reviews of all existing and proposed programs of each state agency. Such program reviews may include, but are not limited to, an analysis of the following: (1) Cost benefit analyses, decision analyses, statistical analyses, and other methodolo gies and evaluation techniques authorized by the Office of Planning and Budget or the state auditor; (2) The success or failure of other states and regions in implementing similar programs and the success or failure of private sector delivery options; (3) Historical trends and demographic factors that affect the operation of the program and projections of future needs of the program; 1332 JOURNAL OF THE SENATE (4) Legislative and policy history concerning applicable federal and state laws, rules, and regulations; and (5) Any other specific analysis requested by the Appropriations Committee of the House or the Appropriations Committee of the Senate. (c) The program reviews shall be conducted by staff of the Department of Audits and Accounts upon the written request of the Senate and House Appropriations committees. (d) The staff of the Legislative Budget Office, Senate Research Office, House Research Office, and Office of Planning and Budget may assist the staff of the Department of Audits and Accounts with the program reviews when requested by the Senate and House Appropri ations committees or the state auditor. (e) All officers, agents, employees, departments, institutions, commissions, and bureaus of the state shall cooperate and participate, as requested by the Senate and House Appro priations committees or the state auditor, with the staff of the Department of Audits and Accounts whenever books, records, accounts, vouchers, and other papers dealing with or reflecting upon program operations are requested for program reviews. (f) Program reviews may be conducted by a private firm when it has been determined by the Appropriations Committee of the Senate or the Appropriations Committee of the House, in consultation with the state auditor, that the review requires specialized external expertise. The private firm shall be selected through competitive bidding as determined by the state auditor. Any such private firm shall have access to the information necessary to conduct the program reviews described in this Code section. The cost of any such private firm review shall be paid for with funds specifically appropriated for such purpose or with funds otherwise available to the legislative branch of government. (g) The program review shall be submitted in the form of a report to the members of the Senate and House Appropriations committees not later than the date specified in the written request for such review and shall simultaneously be made available to members of the public." Section 4. All laws and part of laws in conflict with this Act are repealed. Senator Johnson of the 47th offered the following amendment: Amend the substitute to SB 410 offered by the Senate Committee on Appropriations by adding on line 16 of page 3 after the word "agency" the following: "every five years or as requested by the House and Senate Appropriations committees as provided in subsection (c) of this Code section; provided, however, that the House and Senate Appropriations committees may jointly waive the five-year program review require ment as to any program or programs". On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted. On the adoption of the substitute, the yeas were 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 Alien Baldwin Bishop Bowen Broun TUESDAY, MARCH 5, 1991 1333 Burton Clay Coleman Collins Dawkins J?eal Dean EEcdhgoels English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford MMoayraeble Newbill Olmstead Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate ,,Tayl,or Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Egan (excused) Perdue (excused) Shumake On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. SB 106. By Senator Kidd of the 25th: A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration and the State Merit System of Personnel Administration, so as to repeal certain provisions relating to procedures for ad verse action against permanent status employees generally and procedures for conduct of hearings and appeals relating to adverse personnel actions. The Senate Committee on Governmental Operations offered the following substitute to SB 106: 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 and the State Merit System of Personnel Administration, so as to provide for an employee grievance procedure applicable to certain state employees in the classified service; to define certain terms; to exclude certain employ ees from the employee grievance procedure; to provide for group grievances; to prohibit departments and supervisors thereof from harassing employees who file grievances; to pro vide for employee representation in grievances; to provide for the consolidation of griev ances; to require grievances to be filed in writing in certain cases; to allow employees time to prepare grievances; to provide procedures for the settlement of disputes between certain state employees and their departments; to provide for the suspension of the grievance proce dure under certain circumstances; to provide for rules and regulations; to provide a criminal penalty for certain unlawful actions by state officers or supervisors; to provide for other matters related thereto; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to 1334 JOURNAL OF THE SENATE personnel administration and the State Merit System of Personnel Administration, is amended by adding at the end thereof a new Article 7 to read as follows: "ARTICLE 7 45-20-130. As used in this article, the term: (1) 'Adverse action' means an action taken for cause by an appointing authority or his designee which results in the suspension without pay, demotion, disciplinary reduction in salary, or dismissal of a permanent employee. Such term shall not include actions resulting from reduction in force, insufficient funds, decrease in funds, or change in departmental needs. (2) 'Employee' means an employee in the classified service as defined in paragraph (2) of Code Section 45-20-2. (3) 'Grievance' means a claim initiated by an employee alleging that his employment has been adversely affected by unfair treatment; unsafe or unhealthful working conditions; erroneous or capricious interpretation or application of department policies and procedures or the rules and regulations of the State Personnel Board; or unlawful discrimination be cause of race, color, sex, national origin, handicap, age, or religious or political opinions or affiliations. The term 'grievance' shall not include an adverse action. 45-20-131. (a) The employee grievance procedure provided for in this article may be used by all employees except the following: (1) Employees on temporary, intermittent, student, emergency, or other nonstatus ap pointment; and (2) Employees who are seeking relief or remedy for a grievance through other adminis trative or judicial process. (b) A grievance may be filed by a group of employees if the subject matter of the griev ance adversely affects each person in the group. In such cases, the group will name a spokes person or spokespersons, not to exceed two, from the group who will present all matters concerning the grievance. A group grievance eliminates the right of the parties to pursue their grievance on an individual basis through this procedure. In cases of a group grievance, the department shall be required to respond to the designated spokespersons. (c) No employee or group of employees shall be intimidated by any department or the supervisors thereof as a result of the filing of a grievance. No department shall require a verification of signatures on a grievance or request any employee to remove his name from a grievance. (d) An employee who files a grievance may be represented at every step of the grievance procedure by another state employee. At the departmental hearing, a grievant may be repre sented by anyone of his choosing including an attorney. No supervisor may harass, intimi date, or otherwise discourage any representative of a grievant. (e) A department or supervisor thereof may consolidate grievances when deemed appro priate as follows: (1) Multiple grievances filed by an employee may be consolidated into a single grievance; (2) Separate grievances filed by two or more employees regarding the same issue or similar issues may be consolidated into a group grievance. Each of the grieving parties will be authorized to appear as a witness in a hearing and to monitor the entire hearing. (f) (1) When a written grievance is required pursuant to paragraph (2) of Code Section 45-20-132, the grievance shall be filed on a grievance form provided by the State Merit System of Personnel Administration and made available to all agencies. An employee may, however, submit a brief letter, memorandum, or similar document with the same informa tion if the grievance form is unavailable. Upon receipt of said correspondence, an employee may be required by the department to complete the grievance form. TUESDAY, MARCH 5, 1991 1335 (2) All issues of the grievance and the relief requested should be included in the griev ance form. (3) The grievant shall attach appropriate documents related to the grievance. (4) Additional grievances or issues and requested reliefs should not be added to the grievance form after it has been filed. (g) An employee will be allowed a total of two hours during regular work hours to initi ate, secure information, and prepare a grievance. The leave can be taken at a time agreed upon by the employee and the immediate supervisor and should not interfere with the ordi nary business of the work unit. The person responding to the grievance is authorized to take sufficient time to respond fully and effectively to the grievance. Grievance preparation time will not be authorized for an employee acting as a spokesperson for another employee filing a grievance. (h) An employee may contact the personnel office of an agency for assistance in filing or processing a grievance. 45-20-132. All grievances between a state employee and the state department in which he is employed shall be made and heard in the manner provided by this article for the mediation and settlement of such grievances. The board may modify the action of the de partment but may not increase the severity of such action on the employee. A grievance or dispute between a state employee and the department in which he is employed shall be entertained by the board upon the application of the employee, provided there shall have been compliance with the following requirements: (1) Adjust dispute: that the employee aggrieved or his representative, or both, shall have attempted to adjust the dispute through oral communication with the employee's im mediate supervisor within five working days of the time that the employee is aware of the grievable incident. The immediate supervisor is then required to render an oral decision to the employee within three working days; (2) Grievance in writing: if the employee is dissatisfied with the oral decision of his immediate supervisor, he or his representative, or both, may, within five working days fol lowing the date of the oral decision, present the grievance to his supervisor again, this time in written form. The supervisor is then required to make his decision in writing and present it to the employee within five working days; (3) Appeal to the department head: if the employee is dissatisfied with the supervisor's written decision, he or his representative, or both, then may, within ten working days fol lowing receipt of the decision, appeal in writing to the department head. The department head or his designee shall meet with the employee or his designated representative, or both, within 20 working days of receipt of the employee's notice of dissatisfaction and attempt to adjust the dispute. Within ten working days after such meeting, the department head shall render a decision in writing to the aggrieved employee and his representative; and (4) Submission to board: in the event the grievance shall not have been satisfactorily adjusted under paragraphs (1) through (3) of this Code section within the time limits pro vided, the dispute may be submitted as an appeal by the employee or the department to the board pursuant to the provisions of Code Section 45-20-9 and in accordance with the rules and regulations of the board. 45-20-133. (a) In the event of an emergency situation, the department head may, upon written notice to the commissioner stating the reasons therefor, suspend the right of griev ance under this article for all or part of the department for a period not to exceed 30 days; provided, however, that, on written request of the department head, stating the reasons therefor, the suspension may be extended as approved by the commissioner. (b) A suspension of the right of grievance as provided in subsection (a) of this Code section may delay, but shall not otherwise prejudice, any grievance filed before the effective date of the suspension nor shall the period of suspension be construed as cause to deny or otherwise limit any grievance filed within 15 days after the period of suspension has expired. 1336 JOURNAL OF THE SENATE (c) If, in the opinion of the commissioner, the reasons for suspension of the right of grievances are specious, without merit, or insufficient, he may, upon written notice to the department head, revoke the suspension and direct that grievances be processed as provided in this article. The department head shall promptly comply with such order of the commissioner. 45-20-134. The board shall be authorized to promulgate rules and regulations to carry out the provisions of this article. 45-20-135. Any state officer who attempts to harass, intimidate, or retaliate against any employee or employee representative as a result of such employee filing a grievance pursu ant to this article shall be guilty of a misdemeanor." Section 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Echols Edge English Foster Garner Gillis Hammill Harris Henson Hill Hooks Muggins Johnson Kidd Langford Marable Moye Olmstead Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate Thompson Timmons Turner Tysinger White Those not voting were Senators: Dean Egan (excused) Hasty Newbill Perdue (excused) Taylor Walker of 22nd Walker of 43rd On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Garner of the 30th moved that the Senate stand in recess until 1:30 o'clock P.M. today, and the motion prevailed. At 12:02 o'clock P.M., the President announced that the Senate would stand in recess until 1:30 o'clock P.M. TUESDAY, MARCH 5, 1991 1337 At 1:30 o'clock P.M., Senator Deal of the 49th, President Pro Tempore, called the Sen ate to order. The following general resolution and bill of the Senate, favorably reported by the com mittees, were read the third time and put upon their passage: SR 198. By Senators Harris of the 27th, Gillis of the 20th, Collins of the 17th and John son of the 47th: A resolution authorizing the State Properties Commission to negotiate a lease of certain tracts of state owned real property in High Falls State Park and Watson Bridge State Park; to set terms; to provide an effective date. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Baldwin Bowen Broun Burton Clay Coleman Collins Dawkins Dean Echols Egan Foster Garner Hammill Harris Henson Hill Hooks Huggins Kidd Moye Newbill Olmstead Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Thompson Timmons Turner Tysinger White Voting in the negative was Senator Shumake. Those not voting were Senators: Albert A|len DetlTpresiding) Edge English Gillis Hasty Johnson Langford Marable Perdue (excused) Phillips Taylor Walker of 22nd Walker of 43rd On the adoption of the resolution, the yeas were 39, nays 1. The resolution, having received the requisite constitutional majority, was adopted. SB 376. By Senators Starr of the 44th, Collins of the 17th and Bowen of the 13th: A bill to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions regarding law enforcement officers and agencies, so as to prohibit the inspection or copying of certain law enforcement agency records for use in any commercial solicitation of certain victims or relatives of such victims; to provide for applicability; to provide for a criminal penalty; to provide for an effective date. 1338 JOURNAL OF THE SENATE The Senate Committee on Special Judiciary offered the following substitute to SB 376: 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 regarding law enforcement officers and agencies, so as to prohibit the inspection or copying of certain law enforcement agency records for use in certain commercial solicitation; to provide for applicability; to provide for a criminal pen alty; 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 35 of the Official Code of Georgia Annotated, relating to general provisions regarding law enforcement officers and agencies, is amended by adding a new Code section at the end thereof, to be designated Code Section 35-1-9, to read as follows: "35-1-9. (a) It shall be unlawful for any person to inspect or copy any records of a law enforcement agency to which the public has a right of access under paragraph (4) of subsec tion (a) of Code Section 50-18-72 for the purpose of obtaining the names and addresses of the victims of crimes or persons charged with crimes or persons involved in motor vehicle accidents or other information contained in such records for any commercial solicitation of such individuals or relatives of such individuals. (b) The provisions of subsection (a) of this Code section shall not prohibit the publica tion of such information by any news media or the use of such information for any other lawful data collection or analysis purpose. (c) Any person who violates any provision of subsection (a) 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. 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: Alien Baldwin Bowen Brun Burton X lay CCDoalwflmmkisanns English Foster Garner Gillis Hammill Harris Hill Hooks Huggins Johnson K,,pM,aidryadeb, l,e Newbill Olmstead Perry Pollard Ragan of 10th Ragan of 32nd Ray Robinson Scott Shumake Starr S,,TT,taaevtielnobrerg Thompson Timmons Turner Tysinger White TUESDAY, MARCH 5, 1991 1339 Those not voting were Senators: Albert Bishop Deal (presiding) Dean Egan Hasty Henson Langford Perdue (excused) Phillips Ramsey Walker of 22nd Walker of 43rd 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 resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption: SR 232. By Senator Kidd of the 25th: A resolution creating the Senate Study Committee on the Regulation of Physi cian's Assistants. 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: Alien Baldwin Bowen Broun Burton Clay Coleman Dawkins Dean Echols Egan English Foster Garner Gillis Hammill Harris Hasty Hooks Huggins Johnson Kidd Marable Moye Olmstead Perry Pollard Ragan of 10th Ragan of 32nd Ray Robinson Scott Shumake Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger White Those not voting were Senators: Albert Bishop Collins Deal (presiding) Edge Henson Hill Langford Newbill Perdue (excused) Phillips Ramsey Walker of 22nd Walker of 43rd On the adoption of the resolution, the yeas were 42, nays 0. The resolution, having received the requisite constitutional majority, was adopted. 1340 JOURNAL OF THE SENATE The following general bills and resolution of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage: SB 426. By Senator Kidd of the 25th: A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for the establishment of the Executive Fellows Program; to provide for development of criteria for recruitment, selection, and assignment of executive fellows; to provide for appointment of the selection committee. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Alien Baldwin Bowen Broun Burton Clay Coleman Collins Dawkins Dean Echols Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Olmstead Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Steinberg Tate Taylor Thompson Timmons Turner Tysinger White Those not voting were Senators: Albert Bishop Deal (presiding) Edge Langford Newbill Perdue (excused) Phillips Shumake Starr Walker of 22nd Walker of 43rd On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 416. By Senators Gillis of the 20th, Dean of the 31st and Hammill of the 3rd: A bill to amend Code Section 43-45-8 of the Official Code of Georgia Annotated, relating to the general powers and duties of the State Structural Pest Control Commission, so as to expand the licensing powers of the commission; to provide for a research fee; to provide the manner in which the research fee shall be established. The report of the committee, which was favorable to the passage of the bill, was agreed to. TUESDAY, MARCH 5, 1991 1341 On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Alien Baldwin Bowen Broun Burton Clay CCoollelimnsan DDaewankins Echols Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill HHouogkgsins JKoihdndson Langford Marable Newbill Olmstead Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson Scott ^Otiem bi.erg Taylor Thompson Timmons Turner Tysinger White Those not voting were Senators: Albert Bishop Deal (presiding) Edge Moye Perdue (excused) Phillips Ray Shumake Starr Walker of 22nd Walker of 43rd On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed. SR 233. By Senator Echols of the 6th: A resolution commending Mr. Roger E. James and designating the Roger E. James 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: Alien Baldwin Bowen Broun Burton Clay Coleman Collins Dawkins Dean Echols Egan Foster Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Newbill Olmstead Perry Ragan of 10th Ragan of 32nd Ramsey Robinson Scott Shumake Steinberg Tate Taylor Thompson Timmons Turner Tysinger White 1342 JOURNAL OF THE SENATE Those not voting were Senators: Albert Bishop Deal (presiding) Edge English Garner Moye Perdue (excused) Phillips Pollard Ray Starr Walker of 22nd Walker of 43rd On the adoption of the resolution, the yeas were 42, nays 0. The resolution, having received the requisite constitutional majority, was adopted. HB 72. By Representatives Twiggs of the 4th, Murphy of the 18th, Coleman of the 118th and others: A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia Controlled Substances Act," so as to compre hensively change the provisions relating to forfeitures of real or personal prop erty acquired with proceeds from the manufacture, distribution, or sale of a con trolled substance or marijuana or exchanged for a controlled substance or marijuana or used to facilitate a violation of said "Georgia Controlled Substances Act". Senate Sponsor: Senator Robinson of the 16th. The Senate Committee on Judiciary offered the following substitute to HB 72: 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 revise substantially 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 that certain rented or leased vehicles are not subject to forfeiture; to provide procedures in connection therewith; to provide for duties and powers of the director of the Georgia Drugs and Narcotics Agency and agents, drug agents, law enforcement officers, sheriffs, and prosecuting attorneys; to provide for service of process and notices; to provide that certain property taken or detained is not subject to replevin, conveyance, sequestration, or attachment; to provide for the con solidation of actions; to provide for bonds; to provide for seizure, storage, use, and retention of property; to provide for inventory and estimates of value; to provide for claims, hearings, and the determination of rights and interests in property; to provide for temporary re straining 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 cer tain 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 correct cross-references; to amend Code Section 16-12-100 of the Official Code of Georgia Annotated, relating to sexual exploitation of children and forfeitures, so as to correct a cross-reference; to provide for other matters relative to the foregoing; to provide for 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 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, 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) 'Controlled substance' shall have the same meaning as provided in paragraph (4) of TUESDAY, MARCH 5, 1991 1343 Code Section 16-13-21 and shall also include marijuana as such term is defined in paragraph (16) of Code Section 16-13-21, notwithstanding any other provisions of this article. (2) 'Costs' means, but is not limited to: (A) All expenses associated with the seizure, towing, storage, maintenance, custody, preservation, operation, or sale of the property; and (B) Satisfaction of any security interest or lien not subject to forfeiture under this Code section. (3) 'Court costs' means, but is not limited to: (A) All court costs, including the costs of advertisement, transcripts, and court reporter fees; and (B) Payment of receivers, conservators, appraisers, accountants, or trustees appointed by the court pursuant to this Code section. (4) '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. (5) '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. (6) '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. (7) '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. (8) '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. (9) '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. (10) '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 offense which arose out of the same conduct which made the property subject to forfeiture. Such district attorney may bring an action pursuant to this Code section in any superior court of this state. (2) If more than one district attorney has jurisdiction to file an action pursuant to this Code section, the district attorney having primary jurisdiction over a violation of this article shall, in the event of a conflict, have priority over any other district attorney. 1344 JOURNAL OF THE SENATE (3) Any action brought pursuant to this Code section may be compromised or settled in the same manner as other civil actions. (c) An action for forfeiture brought pursuant to this Code section shall be tried: (1) If the action is in rem against real property, in the county where the property is located, except where a single tract is divided by a county line, in which case the superior court of either county shall have jurisdiction; (2) If the action is in rem against tangible or intangible personal property, in any county where the property is located or will be during the pendency of the action; or (3) If the action is in personam, as provided by law. (d) The following are declared to be contraband and no person shall have a property right in them: (1) All controlled substances, raw materials, or controlled substance analogs that have been manufactured, distributed, dispensed, possessed, or acquired in violation of this article; (2) All property which is, directly or indirectly, used or intended for use in any manner to facilitate a violation of this article or any proceeds derived or realized therefrom; (3) All property located in this state which was, directly or indirectly, used or intended for use in any manner to facilitate a violation of this article or of the laws of the United States or any of the several states relating to controlled substances which is punishable by imprisonment for more than one year or any proceeds derived or realized therefrom; (4) All weapons possessed, used, or available for use in any manner to facilitate a viola tion of this article or any of the laws of the United States or any of the several states relating to controlled substances which is punishable by imprisonment for more than one year; (5) Any interest, security, claim, or property or contractural 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 TUESDAY, MARCH 5, 1991 1345 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: (i) As a bona fide purchaser for value without knowingly taking part in an illegal transaction; (ii) Before the filing of a lien on it and before the effective date of a notice of pending forfeiture relating to it and without notice of its seizure for forfeiture under this article; and (iii) At the time the interest was acquired, was reasonably without cause to believe that the property was subject to forfeiture or likely to become subject to forfeiture under this article. A property interest shall not be subject to forfeiture under this Code section for a violation involving one gram of cocaine or less or four ounces of marijuana or less unless said property was used to facilitate a transaction in or a purchase of or sale of a controlled substance or marijuana. (f) A rented or leased vehicle shall not be subject to forfeiture unless it is established in forfeiture proceedings that the owner of the rented or leased vehicle is legally accountable for the conduct which would otherwise subject the vehicle to forfeiture, consented to the conduct, or knew or reasonably should have known of the conduct or that it was likely to occur. Upon learning of the address or phone number of the company which owns any rented or leased vehicle which is present at the scene of an arrest or other action taken pursuant to this Code section, the duly authorized authorities shall immediately contact the company to inform it that the vehicle is available for the company to take possession. (g) (1) Property which is subject to forfeiture under this Code section may be seized by the director of the Georgia Drugs and Narcotics Agency or any duly authorized agent or drug agent 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 or the seizure is incident to an arrest or search pursuant to a search war rant or to an inspection under an inspection warrant. (3) The court's jurisdiction over forfeiture proceedings is not affected by a seizure in violation of the Constitution of Georgia or the United States Constitution made with pro cess or in a good faith belief of probable cause. (h) (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 60 days from the date of seizure, a complaint for forfeiture shall be initiated as provided for in subsection (n), (o), or (p) 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 limits 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. (i) (1) Seizure of property by a law enforcement officer constitutes notice of such seizure 1346 JOURNAL OF THE SENATE 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 district attorney or the sheriff, drug agent, or law enforcement 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, publi cation, or the mailing of written notice: (A) If the owner's or interest holder's name and current address are known, by either personal service or mailing a copy of the notice by certified mail to that address; (B) If the owner's or interest holder's name and address are required by law to be on record with a government agency to perfect an interest in the property but the owner's or interest holder's current address is not known, by mailing a copy of the notice by certified mail, return receipt requested, to any address on the record; or (C) If the owner's or interest holder's address is not known and is not on record as provided in subparagraph (B) of this paragraph or the owner's or interest holder's interest is not known, by publication in two consecutive issues of a newspaper of general circulation in the county in which the seizure occurs. (3) Notice of seizure must include a description of the property, the date and place of seizure, the conduct giving rise to forfeiture, and the violation of law alleged. (j) A district attorney may file, without a filing fee, a lien for forfeiture of property upon the initiation of any civil or criminal proceeding under this article or upon seizure for forfei ture. The filing constitutes notice to any person claiming an interest in the property owned by the named person. 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 with respect to said property. The lien secures the amount of potential liability for civil judgment and, if applicable, the fair mar ket 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 provi sions of the laws in this state pertaining to the type of property that is subject to the lien. The state may amend or release, 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 TUESDAY, MARCH 5, 1991 1347 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. (k) 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 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. (1) (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 aonr"d remove it to an appropriate location within the county where the property was seized; (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. (m) 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. 1348 JOURNAL OF THE SENATE (n) If the estimated value of personal property seized is $25,000.00 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 (i) 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; (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 (o) or (p) 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 (u) of this Code section. (o) 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 subsection (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 TUESDAY, MARCH 5, 1991 1349 published once a week for two successive weeks in the newspaper in which the sheriff's advertisements are published. Such publication shall be deemed notice to any and all per sons having an interest in or right affected by such proceeding and from any sale of the property resulting therefrom, but shall not constitute notice to an interest holder unless that person is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself to avoid service. (C) If tangible property which has not been seized is the subject of the action, the court may order the sheriff or another law enforcement officer to take possession of the property. If the character or situation of the property is such that the taking of actual possession is impracticable, the sheriff shall execute process by affixing a copy of the complaint and sum mons to the property in a conspicuous place and by leaving another copy of the complaint and summons with the person having possession or his agent. In cases involving a vessel or aircraft, the sheriff or other law enforcement officer is authorized to make a written request with the appropriate governmental agency not to permit the departure of such vessel or aircraft until notified by the sheriff or his deputy that the vessel or aircraft has been released. (3) An owner of or interest holder in the property may file an answer asserting a claim against the property in the action in rem. Any such answer shall be filed within 30 days after the service of the summons and complaint. Where service is made by publication and personal service has not been made, an owner or interest holder shall file an answer within 30 days of the date of final 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) 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. (p) 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. 1350 JOURNAL OF THE SENATE (2) Service of the complaint and summons shall be as follows: (A) Except as otherwise provided in this subsection, service of the complaint and sum mons shall be as provided by subsections (a), (b), (c), and (d) of Code Section 9-11-4; and (B) If the defendant is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself so as to avoid ser vice, notice of the proceedings shall be published once a week for two successive weeks in the newspaper in which the sheriffs advertisements are published. Such publication shall be deemed sufficient notice to any such defendant. (3) A defendant shall file a verified answer within 30 days after the service of the sum mons and complaint. Where service is made by publication and personal service has not been made, a defendant shall file such answer within 30 days of the date of final publication. In addition to complying with the general rules applicable to an answer in civil actions, the answer must contain all of the elements set forth in paragraph (3) of subsection (o) 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 60 days after service of the complaint unless continued for good cause and must be held by the court without a jury. (7) 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. (8) 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. (q) In conjunction with any civil or criminal action brought pursuant to this article: (1) The court, on application of the district attorney, may enter any restraining order or injunction; require the execution of satisfactory performance bonds; appoint receivers, con servators, appraisers, accountants, or trustees; or take any action to seize, secure, maintain, or preserve the availability of property subject to forfeiture under this article, including issuing a warrant for its seizure and writ of attachment, whether before or after the filing of a complaint for forfeiture; (2) A temporary restraining order under this Code section may be entered on applica tion of the district attorney, without notice or an opportunity for a hearing; if the district attorney demonstrates that: (A) There is probable cause to believe that the property with respect to which the order is sought, in the event of final judgment or conviction, would be subject to forfeiture under this title; and (B) Provision of notice would jeopardize the availability of the property for forfeiture; (3) Notice of the entry of a restraining order and an opportunity for a hearing must be afforded to persons known to have an interest in the property. The hearing must be held at TUESDAY, MARCH 5, 1991 1351 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. (r) 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. (s) In hearings and determinations pursuant to this Code section: (1) The court may receive and consider, in making any determination of probable cause or reasonable cause, all evidence admissible in determining probable cause at a preliminary hearing or by a magistrate pursuant to Article 1 of Chapter 5 of Title 17, together with inferences therefrom; (2) The fact that money or a negotiable instrument was found in proximity to contra band or to an instrumentality of conduct giving rise to forfeiture authorizes the trier of the fact to infer that the money or negotiable instrument was the proceeds of conduct giving rise to forfeiture or was used or intended to be used to facilitate such conduct; and 1352 JOURNAL OF THE SENATE (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. (t) (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. (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 (e) of this Code section to pay the reasonable costs relating to the disproving of the claim which were incurred by the state, including costs for investigation, prosecution, and attorneys' fees. (u) (1) Whenever property is forfeited under this article, any property which is required by law to be destroyed or which is harmful to the public shall, when no longer needed for evidentiary purposes, 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 de struction or for any medical or scientific use not prohibited under the laws of the United States or this state. (2) When property, other than money, is forfeited 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 property is to be sold pursuant to 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, but not limited to, in the case of real property, listing such property with a licensed real estate broker, selected by the district attorney through competitive bids. (4) All money and property forfeited in the same forfeiture proceeding shall 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) All costs, including court costs, shall be paid and the remaining pool shall be dis tributed pro rata to the state and to local governments, according 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 exceed 25 percent of the amount distributed; and TUESDAY, MARCH 5, 1991 1353 provided further that the court may award to the office of the district attorney who brought the action for forfeiture money or property from the pool, the value of which award shall not exceed 10 percent of the fair market value of the property which is forfeited; (C) An order of distribution provided for in this subsection shall be submitted by the district attorney to the court for approval; and (D) (i) Property and money distributed to a local government shall be passed through to the local law enforcement agency until the sum equals 33 1/3 percent of the amount of local funds appropriated or otherwise made available to such agency for the fiscal year in which such funds are distributed. Proceeds received may be used for any official law en forcement purpose except for the payment of salaries or rewards to law enforcement person nel, at the discretion of the chief officer of the local law enforcement agency, or may be used to fund victim-witness assistance programs. Such property shall not be used to supplant any other local, state, or federal funds appropriated for staff or operations. (ii) The local governing authority shall expend any remaining proceeds for any law en forcement purpose; for drug treatment, rehabilitation, prevention, or education or any other program which responds to problems created by drug or substance abuse; for use as match ing funds for grant programs related to drug treatment or prevention; to fund victim-wit ness assistance programs; or for any combination of the foregoing. (iii) Any local law enforcement agency receiving property under this subsection shall submit 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. (iv) 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 the Crime Victims Emergency Fund; for law enforcement and prosecution agency programs and particularly for funding of advanced drug investigation and prosecution train ing for law enforcement officers and prosecuting attorneys; for drug treatment, rehabilita tion, prevention, or education or any other program which responds to problems created by drug or substance abuse; for use as matching funds for grant programs related to drug treat ment or prevention; or for financing the judicial system of the state. (v) 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 or officer of the state as may be appropriate or, otherwise, shall be turned over to the Depart ment of Administrative Services for such use or disposition as may be determined by the commissioner of the Department of Administrative Services. (v) An acquittal or dismissal in a criminal proceeding does not preclude civil proceed ings under this article. (w) For good cause shown, the court may stay civil forfeiture proceedings during the criminal trial resulting from a related indictment or information alleging a violation of this article. (x) (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; or (E) Has been commingled with other property that cannot be divided without difficulty. 1354 JOURNAL OF THE SENATE (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 (j) of this Code section; to whom notice of seizure has been provided in accordance with subsection (i) 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. (y) 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. (z) This Code section must be liberally construed to effectuate its remedial purposes." Section 2. Said article is further amended by striking subsection (f) of Code Section 1613-30.1, relating to unlawful manufacture, delivery, and distribution of noncontrolled sub stances, and inserting in lieu thereof a new subsection (f) to read as follows: "(f) All property which should be subject to forfeiture under the provisions of subsec tion (d) of Code Section 16-13-49 for a violation of this article which is used, or intended for use, to facilitate, or is derived from, a violation of this Code section and any noncontrolled substance which is manufactured, distributed, dispensed, possessed with the intent to dis tribute, or sold in violation of this Code section are declared to be contraband and there shall be no property interest therein. Any property or noncontrolled substance which is subject to the provisions of this subsection shall be forfeited in accordance with the proce dures of Code Section 16-13-49." Section 3. Code Section 16-12-100 of the Official Code of Georgia Annotated, relating to sexual exploitation of children and forfeitures, is amended by striking paragraph (4) of sub section (e) of said Code section and inserting in lieu thereof a new paragraph (4) to read as follows: "(4) The provisions of subsection (u) of Code Section 16-13-49 shall apply for the dispo sition of any property forfeited under this subsection. In any disposition of property under this subsection, a convicted person shall not be permitted to acquire property forfeited by such person." TUESDAY, MARCH 5, 1991 1355 Section 4. (a) The repeal, or repeal and reenactment, of the provisions of Code Section 16-13-49 by this Act shall not abate any cause of action which arose at any previous time under the provisions of said Code section prior to the effective date of this Act. Further more, no action for forfeiture shall be abated as a result of the provisions of this Act, and any and every such action or cause of action shall continue, subject only to the applicable statute of limitations. (b) No property shall be subject to forfeiture pursuant to this Act where the act or omission which makes such property subject to forfeiture occurred prior to the effective date of this Act unless such property was subject to forfeiture under the laws of this state at the time such act or omission occurred. Section 5. This Act shall become effective July 1, 1991. Section 6. 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 72 offered by the Senate Committee on Judiciary by ad ding on line 19 of page 29, between the semicolon and the word "for", the following: "for the representation of indigents in criminal cases;". By adding on line 9 on page 30, between the comma and the word "for", the following: "for funding of Article 2 of Chapter 12 of Title 17, 'The Georgia Indigent Defense Act,' for representation of indigents in criminal cases;". On the adoption of the amendment, the yeas were 31, nays 0, and the amendment was adopted. Senators Dawkins of the 45th, Robinson of the 16th and Taylor of the 12th offered the following amendment: Amend the substitute to HB 72 offered by the Senate Committee on Judiciary by delet ing lines 21-27 on page 28 after the word "the" and inserting in lieu thereof the following: "county governments are authorized upon request of the District Attorney to provide for payment of any and all necessary expenses for the operation of the office from the said forfeiture pool up to 10% of the amount distributed, in addition to any other expenses paid by the county to the District Attorney's office." On the adoption of the amendment, the yeas were 32, nays 0, and the amendment was adopted. On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan English Foster Garner Gillis 1356 JOURNAL OF THE SENATE Hammill Harris Hasty H enson Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson Scott Starr Steinberg Tate Taylor Thompson Turner Tysinger White Voting in the negative was Senator Shumake. Those not voting were Senators: Albert Deal (presiding) Perdue (excused) Perry Phillips Ray Timmons Walker of 22nd Walker of 43rd On the passage of the bill, the yeas were 46, nays 1. The bill, having received the requisite constitutional majority, was passed by substitute. The following local bill of the Senate was taken up for the purpose of considering the House substitute thereto: SB 321. By Senator Kidd of the 25th: A bill to amend an Act creating and establishing a new charter for the City of Eatonton, as amended, so as to change the corporate limits of the city. The House substitute to SB 321 was as follows: A BILL To be entitled an Act to amend an Act creating and establishing a new charter for the City of Eatonton, approved August 5, 1908 (Ga. L. 1908, p. 620), as amended, so as to change the corporate limits of the city; to provide for a referendum; 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 and establishing a new charter for the City of Eatonton, approved August 5, 1908 (Ga. L. 1908, p. 620), as amended, is amended by striking in their entirety Sections 2, 2A, 2B, 2C, and 2D and inserting in lieu thereof a new Section 2 to read as follows: "Section 2. The corporate limits of the City of Eatonton shall mean and include the territory described as follows: 'All of that property located in Putnam County, Georgia consisting of twelve thousand five hundred sixty six and thirty six one hundreds (12,566.36) acres more or less and being a circle with a radius of two and one half (2.5) miles and with a center point being located in the center of the court house square in the city of Eatonton, Georgia. The center point of the court house square is to be found by drawing a line from each corner of said square to the opposite corner of said square.' " Section 2. (a) As used in this section, the term "area proposed for annexation" means that area described in the quoted language of Section 1 of this Act which would be added to the corporate limits of the City of Eatonton if Section 1 of this Act becomes effective as provided in this section. TUESDAY, MARCH 5, 1991 1357 (b) Unless prohibited by the federal Voting Rights Act of 1965, as amended, the elec tion superintendent of the City of Eatonton shall call and conduct an election as provided in this section for the purpose of submitting this Act separately to the electors of the City of Eatonton and to the electors of Putnam County residing within the area proposed for an nexation for approval or rejection. The election superintendent shall conduct the election on the date of and in conjunction with the Presidential Preference Primary on March 10, 1992, and shall issue the call therefor not less than 30 nor more than 45 days prior to that date. The election 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: "[ ] YES [ 1 NO Shall the Act be approved which annexes territory to the corporate limits of the City of Eatonton?" 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 within the City of Eatonton and if more than one-half of the votes cast on such question within the area proposed for annexation are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved within the City of Eatonton and in the area proposed for annexation or if the referendum is not con ducted as provided in this section, the remaining sections of this Act shall not become effec tive and this Act shall be automatically repealed immediately following the certification of the referendum results. (c) The City of Eatonton may make such arrangements as may be necessary for the election superintendent of Putnam County to call, hold, and conduct the referendum pro vided for in this section within the area proposed for annexation. The expense of such elec tion shall be borne by the City of Eatonton. It shall be the superintendent's duty to certify the result of the referendum to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are repealed. Senator Kidd of the 25th moved that the Senate disagree to the House substitute to SB 321. On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 321. The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage: SB 415. By Senators Johnson of the 47th, Deal of the 49th, Baldwin of the 29th and Edge of the 28th: A bill to amend Article 1 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to purchase of liability insurance or contracts of indemnity for public officers and employees generally, so as to repeal the provisions that nothing in such article shall constitute a waiver of the immunity of the state from any action nor shall the exercise of authority provided in such article con stitute the provision of liability insurance protection. Senator Johnson of the 47th moved that SB 415 be committed to the Senate Committee on Judiciary. On the motion, the yeas were 35, nays 0; the motion prevailed, and SB 415 was commit ted to the Senate Committee on Judiciary. 1358 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 652. By Representatives Carter of the 146th and Patten of the 149th: A bill to amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Hazardous Waste Management Act," so as to change certain definitions. HB 290. By Representatives Lawson of the 9th and Bostick of the 138th: 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 change the provi sions relating to the fees of the clerks of the superior courts, the amount thereof, and the collection thereof. HB 933. By Representatives Murphy of the 18th and Groover of the 99th: A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, so as to repeal Article 5 thereof, relating to random drug testing of employees in high-risk jobs; to repeal Article 6 thereof, relating to drug testing for state employment; to provide for drug testing of safety sensitive and critical personnel. HB 1. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st: A bill to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxation, so as to repeal and delete the exemption from taxation of certain food for off-premises human consumption. HB 849. By Representatives Redding of the 50th, Orrock of the 30th, Carrell of the 65th, Henson of the 57th, Mueller of the 126th and others: A bill to amend Article 1 of Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions regarding the practice of dentistry, so as to provide that all signs, cards, announcements, advertisements, or methods used to state that dentistry may be practiced shall not be required to list the full names of each individual practicing dentistry in such place. HB 708. By Representatives Balkcom of the 140th, McKelvey of the 15th, Moultrie of the 93rd and Meadows of the 91st: A bill to amend Code Section 27-2-2 of the Official Code of Georgia Annotated, relating to the issuance and sale of hunting, fishing, and trapping licenses, so as to permit the establishment of a self-insurance fund as to the defalcation of bonded license agents. HB 533. By Representative Holland of the 136th: A bill to amend Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation group self-insurance funds, so as to expand the definition of the term "county" to include a consolidated city-county government and certain authorities, commissions, and boards. TUESDAY, MARCH 5, 1991 1359 HB 829. By Representatives Murphy of the 18th and Porter of the 119th: A bill to amend Code Section 46-2-5 of the Official Code of Georgia Annotated, relating to the chairmanship of the Public Service Commission, so as to change the provisions relating to the chairman. HB 791. By Representatives Poston of the 2nd, Walker of the 115th, Coleman of the 118th, Holland of the 136th, Teper of the 46th and others: A bill to amend Code Section 40-6-142 of the Official Code of Georgia Annotated, relating to certain vehicles to stop at all railroad crossings, so as to add any vehi cle carrying hazardous or constituents or acidic liquids as cargo to the list of those vehicles required to stop at all railroad crossings before proceeding. HB 434. By Representatives Aiken of the 21st, Langford of the 7th, Moody of the 153rd, Wilder of the 21st, Clark of the 20th, Post 3 and others: A bill to amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to regulate the installation of certain fire sup pression systems; to regulate the inspection, recharging, repairing, servicing, or testing of portable fire extinguishers or fire suppression systems. HB 140. By Representative Watson of the 114th: A bill to amend Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to halls of fame, so as to create the Georgia Aviation Hall of Fame Overview Committee as a joint committee of the General Assembly. HB 437. By Representatives Stephens of the 68th and Thurmond of the 67th: A bill to amend Chapter 5 of Title 43 of the Official Code of Georgia Annotated, relating to athletic trainers, so as to provide a definition of athlete; to revise the definition of athletic trainer; to revise the residency requirement applicable to members of the Georgia Board of Athletic Trainers. HB 555. By Representatives Birdsong of the 104th, Dixon of the 128th, Streat of the 139th, Stanley of the 33rd and Heard of the 43rd: A bill to amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to provide for immunity from liability of certain persons who provide volunteer transportation services. HB 728. By Representatives Lucas of the 102nd, Green of the 106th, McKelvey of the 15th, Davis of the 29th, Long of the 142nd and others: A bill to regulate the use and nonuse of legal agricultural products; to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding offenses against public health and morals, so as to change certain provisions relating to smoking in public places. HB 366. By Representatives Mills of the 20th, Murphy of the 18th, Childers of the 15th, Walker of the 115th, Oliver of the 53rd and others: A bill to amend Article 1 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to homicides, so as to change certain requirements regarding the time within which death must occur with respect to homicides. HB 919. By Representatives Skipper of the 116th, Walker of the 115th, Smyre of the 92nd, Groover of the 99th, Walker of the 113th and others: A bill to amend Title 6 of the Official Code of Georgia Annotated, relating to aviation, so as to authorize the creation of regional surface and air transportation authorities; to provide for elections to participate by political subdivisions. 1360 JOURNAL OF THE SENATE HB 902. By Representatives Ware of the 77th, Dunn of the 73rd, Ricketson of the 82nd and Jones of the 71st: A bill to amend Chapter 5 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of unauthorized insurers, so as to provide that, with respect to an action filed against an unauthorized insurer, service of process upon the Commissioner of Insurance shall only be used when an alternative method of service cannot be effectuated. HB 792. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st: 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 authorize the State Board of Education, if requested by a local school district or system, to withhold state moneys to pay bonded indebtedness of such local school district or system. HB 824. By Representative Twiggs of the 4th: A bill to amend Chapter 13 of Title 43 of the Official Code of Georgia Annotated, "The Driver Training School License Act," so as to change provisions relating to the minimum required surety bond; to change provisions establishing fees for applications and examinations. HB 785. By Representative Parham of the 105th: 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 imposition of fines for serious traffic ofTenses; to grant exclusive jurisdiction over traffic offenses com mitted by persons under 17 years of age to the juvenile courts; to change the age for an offense to be considered a juvenile traffic offense. HB 308. By Representative Pettit of the 19th: A bill to amend Code Section 15-12-43 of the Official Code of Georgia Annotated, relating to jury lists, so as to prohibit the use of such lists for commercial pur poses and provide a penalty therefor. HB 774. By Representative Dunn of the 73rd: A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions with regard to professions and businesses, so as to specify that the advertisement by a person licensed to provide health care ser vices of the waiver of a deductible or copayment, as an inducement to attract patients, shall be considered a deceptive and misleading practice. HB 188. By Representative Thomas of the 69th: 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. HB 654. By Representatives Davis of the 29th, Jamieson of the llth, Murphy of the 18th, Orrock of the 30th, Sinkfield of the 37th and others: A bill to amend Article 5 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the commission on the status of women, so as to provide for creation of the commission on women. TUESDAY, MARCH 5, 1991 1361 HB 244. By Representatives Cummings of the 134th and Chambless of the 133rd: A bill to amend Code Section 42-5-64 of the Official Code of Georgia Annotated, relating to educational programs for prisoners, so as to provide that prisoners who test below the fifth-grade level on standardized reading tests and who are incarcerated for a period of six months or longer shall be required to attend edu cational instruction. The House insists on its position in substituting the following bill of the Senate: SB 321. By Senator Kidd of the 25th: A bill to amend an Act creating and establishing a new charter for the City of Eatonton, as amended, so as to change the corporate limits of the city. The House has passed by the requisite constitutional majority the following bills of the House: HB 207. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Goodwin of the 63rd, Titus of the 143rd and others: 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 revise authorization procedures regarding the availability of certain crimi nal history records to county boards of registrars or county boards of registration and election. HB 694. By Representatives Hightower of the 36th, McKinney of the 35th, Davis of the 29th, Holmes of the 28th, Selman of the 32nd and others: A bill to amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, so as to provide for punishment as for a high and aggravated misdemeanor of any person convicted of simple assault, sim ple battery, or battery in a public transit vehicle or station. HB 613. By Representatives Harris of the 84th, Parham of the 105th and Barnett of the 10th: A bill to amend Code Section 40-2-78 of the Official Code of Georgia Annotated, relating to special license plates for firefighters, so as to change the authority for issuance of such license plates. HB 823. By Representatives Walker of the 115th, Groover of the 99th, Murphy of the 18th and Buck of the 95th: A bill to amend Code Section 42-8-34.2 of the Official Code of Georgia Anno tated, relating to civil actions and remedies for the collection of fines, costs, resti tution, and reparation ordered as a condition of probation, so as to provide that no deposit of court costs shall be required for such civil actions and remedies. 1362 JOURNAL OF THE SENATE The House has adopted by the requisite constitutional majority the following resolution of the House: HR 336. By Representative Padgett of the 86th: A resolution compensating Mr. Marshall D. Coursey. The House has passed by the requisite constitutional majority the following bills of the House: HB 693. By Representatives Dobbs of the 74th, Pettit of the 19th, Heard of the 43rd and Lane of the lllth: A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, so as to provide that no county shall require any private contractor who performs services on his property or on private property pursuant to an agreement with an individual, corporation, partnership, association, or other private entity to purchase from the county any materials used in the construction or repair of any water system, sewer system, storm or drainage system, building, or other facilities on such property. HB 561. By Representatives Smith of the 156th, Green of the 106th and Langford of the 7th: A bill to amend Code Section 12-5-127 of the Official Code of Georgia Annotated, relating to licensing of water well contractors and applications therefor, so as to change the provisions relating to proof of experience in the water well construc tion business. HB 928. By Representative Selman of the 32nd: A bill to amend Chapter 9 of Title 10 of the Official Code of Georgia Annotated, the "Geo. L. Smith II Georgia World Congress Center Act," so as to authorize the Geo. L. Smith II Georgia World Congress Center Authority to obtain and use conviction data, under certain conditions, concerning its officers and employees and prospective officers and employees. HB 643. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st: A bill to amend Article 1 of Chapter 2 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions concerning the Department of Natural Resources, so as to provide for the promulgation of minimum standards and pro cedures relative to the protection of mountains and river corridors. HB 825. By Representatives Felton of the 22nd and Campbell of the 23rd: A bill to amend Code Section 36-67-4 of the Official Code of Georgia Annotated, relating to zoning proposal recommendation standards applicable to zoning pro cedures for counties and municipalities meeting certain population requirements, so as to encourage the creation of planning commissions to serve identifiable ar eas and communities. HB 455. By Representative Twiggs of the 4th: A bill to amend Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to securing the attendance of witnesses and the preservation and produc tion of evidence, so as to change the per diem and mileage fees for witnesses; to change certain requirements regarding tender of fees. TUESDAY, MARCH 5, 1991 1363 HB 788. By Representatives Milam of the 81st, Long of the 142nd, Twiggs of the 4th, Benefield of the 72nd and Ware of the 77th: 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 motor vehicle license plates for certain persons and vehicles, so as to provide for special license plates for veterans of the armed forces of the United States. HB 557. By Representatives Oliver of the 121st, Bargeron of the 108th, Godbee of the 110th, Barfoot of the 120th, Poston of the 2nd and others: A bill to amend Code Section 20-2-188 of the Official Code of Georgia Annotated, relating to student transportation costs under the "Quality Basic Education Act," so as to change the provisions relating to minimum salaries for school bus drivers. HB 275. By Representatives Abernathy of the 39th, Groover of the 99th, Randall of the 101st, Walker of the 115th, Redding of the 50th and others: 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 prohibit smoking by students on public school property and school buses; to provide an exception for persons enrolled in an adult general education program. HB 811. By Representatives Poston of the 2nd, Holland of the 136th, Perry of the 5th, McCoy of the 1st, Poag of the 3rd and others: A bill to amend Code Section 27-3-48 of the Official Code of Georgia Annotated, relating to unlawful killing of wildlife at night and condemnation of property, so as to provide that the superior court where a condemnation is filed may retain the property for official use by any agency or political subdivision of the state. HB 894. By Representatives Teper of the 46th and Redding of the 50th: A bill to amend Chapter 13 of Title 31 of the Official Code of Georgia Annotated, the "Georgia Radiation Control Act," so as to require any existing general or specific licensee and any applicant for a general or specific license to operate radiation-generating equipment to post a bond to ensure financial responsibility in certain contingencies. HB 794. By Representatives Porter of the 119th, Pinkston of the 100th, Thomas of the 69th and Baker of the 51st: A bill to amend Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administration of estates, so as to revise and reorganize the laws relating to trusts. HB 36. By Representatives Simpson of the 70th and Thomas of the 69th: A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing in general, so as to provide that paper products purchased and contracted for by the Department of Administra tive Services shall be paper products manufactured from recycled paper or fiber if the price offered is within 10 percent of the price paid for paper products cur rently being used by the state. 1364 JOURNAL OF THE SENATE The following bills and resolution of the House were read the first time and referred to committees: HB 1. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st: A bill to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxation, so as to repeal and delete the exemption from taxation of certain food for off-premises human consumption. Referred to Committee on Finance and Public Utilities. HB 36. By Representatives Simpson of the 70th and Thomas of the 69th: A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing in general, so as to provide that paper products purchased and contracted for by the Department of Administra tive Services shall be paper products manufactured from recycled paper or fiber if the price offered is within 10 percent of the price paid for paper products cur rently being used by the state. Referred to Committee on Governmental Operations. HB 140. By Representative Watson of the 114th: A bill to amend Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to halls of fame, so as to create the Georgia Aviation Hall of Fame Overview Committee as a joint committee of the General Assembly. Referred to Committee on Economic Development and Tourism. HB 188. By Representative Thomas of the 69th: 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. Referred to Committee on Special Judiciary. HB 207. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd and others: 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 revise authorization procedures regarding the availability of certain crimi nal history records to county boards of registrars or county boards of registration and election. Referred to Committee on Governmental Operations. HB 244. By Representatives Cummings of the 134th and Chambless of the 133rd: A bill to amend Code Section 42-5-64 of the Official Code of Georgia Annotated, relating to educational programs for prisoners, so as to provide that prisoners who test below the fifth-grade level on standardized reading tests and who are incarcerated for a period of six months or longer shall be required to attend edu cational instruction. Referred to Committee on Corrections. HB 275. By Representatives Abernathy of the 39th, Groover of the 99th, Randall of the 101st and others: 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 prohibit smoking TUESDAY, MARCH 5, 1991 1365 by students on public school property and school buses; to provide an exception for persons enrolled in an adult general education program. Referred to Committee on Youth, Aging and Human Ecology. HB 290. By Representatives Lawson of the 9th and Bostick of the 138th: 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 change the provi sions relating to the fees of the clerks of the superior courts, the amount thereof, and the collection thereof. Referred to Committee on Special Judiciary. HB 308. By Representative Pettit of the 19th: A bill to amend Code Section 15-12-43 of the Official Code of Georgia Annotated, relating to jury lists, so as to prohibit the use of such lists for commercial pur poses and provide a penalty therefor. Referred to Committee on Judiciary. HB 366. By Representatives Mills of the 20th, Murphy of the 18th, Childers of the 15th and others: A bill to amend Article 1 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to homicides, so as to change certain requirements regarding the time within which death must occur with respect to homicides. Referred to Committee on Judiciary. HB 434. By Representatives Aiken of the 21st, Langford of the 7th, Moody of the 153rd and others: A bill to amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to regulate the installation of certain fire sup pression systems; to regulate the inspection, recharging, repairing, servicing, or testing of portable fire extinguishers or fire suppression systems. Referred to Committee on Governmental Operations. HB 437. By Representatives Stephens of the 68th and Thurmond of the 67th: A bill to amend Chapter 5 of Title 43 of the Official Code of Georgia Annotated, relating to athletic trainers, so as to provide a definition of athlete; to revise the definition of athletic trainer; to revise the residency requirement applicable to members of the Georgia Board of Athletic Trainers. Referred to Committee on Governmental Operations. HB 455. By Representative Twiggs of the 4th: A bill to amend Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to securing the attendance of witnesses and the preservation and produc tion of evidence, so as to change the per diem and mileage fees for witnesses; to change certain requirements regarding tender of fees. Referred to Committee on Judiciary. HB 533. By Representative Holland of the 136th: A bill to amend Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation group self-insurance funds, so as to expand the definition of the term "county" to include a consolidated city-county government and certain authorities, commissions, and boards. Referred to Committee on Insurance and Labor. 1366 JOURNAL OF THE SENATE HB 555. By Representatives Birdsong of the 104th, Dixon of the 128th, Streat of the 139th and others: A bill to amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to provide for immunity from liability of certain persons who provide volunteer transportation services. Referred to Committee on Judiciary. HB 557. By Representatives Oliver of the 121st, Bargeron of the 108th, Godbee of the 110th and others: A bill to amend Code Section 20-2-188 of the Official Code of Georgia Annotated, relating to student transportation costs under the "Quality Basic Education Act," so as to change the provisions relating to minimum salaries for school bus drivers. Referred to Committee on Governmental Operations. HB 561. By Representatives Smith of the 156th, Green of the 106th and Langford of the 7th: A bill to amend Code Section 12-5-127 of the Official Code of Georgia Annotated, relating to licensing of water well contractors and applications therefor, so as to change the provisions relating to proof of experience in the water well construc tion business. Referred to Committee on Governmental Operations. HB 613. By Representatives Harris of the 84th, Parham of the 105th and Barnett of the 10th: A bill to amend Code Section 40-2-78 of the Official Code of Georgia Annotated, relating to special license plates for firefighters, so as to change the authority for issuance of such license plates. Referred to Committee on Public Safety. HB 643. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st: A bill to amend Article 1 of Chapter 2 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions concerning the Department of Natural Resources, so as to provide for the promulgation of minimum standards and pro cedures relative to the protection of mountains and river corridors. Referred to Committee on Natural Resources. HB 652. By Representatives Carter of the 146th and Patten of the 149th: A bill to amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Hazardous Waste Management Act," so as to change certain definitions. Referred to Committee on Natural Resources. HB 654. By Representatives Davis of the 29th, Jamieson of the llth, Murphy of the 18th and others: A bill to amend Article 5 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the commission on the status of women, so as to provide for creation of the commission on women. Referred to Committee on Youth, Aging and Human Ecology. TUESDAY, MARCH 5, 1991 1367 HB 693. By Representatives Dobbs of the 74th, Pettit of the 19th, Heard of the 43rd and Lane of the lllth: A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, so as to provide that no county shall require any private contractor who performs services on his property or on private property pursuant to an agreement with an individual, corporation, partnership, association, or other private entity to purchase from the county any materials used in the construction or repair of any water system, sewer system, storm or drainage system, building, or other facilities on such property. Referred to Committee on Insurance and Labor. HB 694. By Representatives Hightower of the 36th, McKinney of the 35th, Davis of the 29th and others: A bill to amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, so as to provide for punishment as for a high and aggravated misdemeanor of any person convicted of simple assault, sim ple battery, or battery in a public transit vehicle or station. Referred to Committee on Special Judiciary. HB 708. By Representatives Balkcom of the 140th, McKelvey of the 15th, Moultrie of the 93rd and Meadows of the 91st: A bill to amend Code Section 27-2-2 of the Official Code of Georgia Annotated, relating to the issuance and sale of hunting, fishing, and trapping licenses, so as to permit the establishment of a self-insurance fund as to the defalcation of bonded license agents. Referred to Committee on Natural Resources. HB 728. By Representatives Lucas of the 102nd, Green of the 106th, McKelvey of the 15th and others: A bill to regulate the use and nonuse of legal agricultural products; to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding offenses against public health and morals, so as to change certain provisions relating to smoking in public places. Referred to Committee on Youth, Aging and Human Ecology. HB 774. By Representative Dunn of the 73rd: A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions with regard to professions and businesses, so as to specify that the advertisement by a person licensed to provide health care ser vices of the waiver of a deductible or copayment, as an inducement to attract patients, shall be considered a deceptive and misleading practice. Referred to Committee on Insurance and Labor. HB 785. By Representative Parham of the 105th: 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 imposition of fines for serious traffic offenses; to grant exclusive jurisdiction over traffic offenses committed by persons under 17 years of age to the juvenile courts; to change the age for an offense to be considered a juvenile traffic offense. Referred to Committee on Special Judiciary. 1368 JOURNAL OF THE SENATE HB 788. By Representatives Milam of the 81st, Long of the 142nd, Twiggs of the 4th and others: A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special motor vehicle license plates for certain persons and vehicles, so as to provide for special license plates for veterans of the armed forces of the United States. Referred to Committee on Public Safety. HB 791. By Representatives Poston of the 2nd, Walker of the 115th, Coleman of the 118th and others: A bill to amend Code Section 40-6-142 of the Official Code of Georgia Annotated, relating to certain vehicles to stop at all railroad crossings, so as to add any vehi cle carrying hazardous or constituents or acidic liquids as cargo to the list of those vehicles required to stop at all railroad crossings before proceeding. Referred to Committee on Public Safety. HB 792. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st: 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 authorize the State Board of Education, if requested by a local school district or system, to withhold state moneys to pay bonded indebtedness of such local school district or system. Referred to Committee on Education. HB 794. By Representatives Porter of the 119th, Pinkston of the 100th, Thomas of the 69th and Baker of the 51st: A bill to amend Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administration of estates, so as to revise and reorganize the laws relating to trusts. Referred to Committee on Judiciary. HB 811. By Representatives Poston of the 2nd, Holland of the 136th, Perry of the 5th and others: A bill to amend Code Section 27-3-48 of the Official Code of Georgia Annotated, relating to unlawful killing of wildlife at night and condemnation of property, so as to provide that the superior court where a condemnation is filed may retain the property for official use by any agency or political subdivision of the state. Referred to Committee on Natural Resources. HB 823. By Representatives Walker of the 115th, Groover of the 99th, Murphy of the 18th and Buck of the 95th: A bill to amend Code Section 42-8-34.2 of the Official Code of Georgia Anno tated, relating to civil actions and remedies for the collection of fines, costs, resti tution, and reparation ordered as a condition of probation, so as to provide that no deposit of court costs shall be required for such civil actions and remedies. Referred to Committee on Special Judiciary. HB 824. By Representative Twiggs of the 4th: A bill to amend Chapter 13 of Title 43 of the Official Code of Georgia Annotated, "The Driver Training School License Act," so as to change provisions relating to TUESDAY, MARCH 5, 1991 1369 the minimum required surety bond; to change provisions establishing fees for applications and examinations. Referred to Committee on Public Safety. HB 825. By Representatives Felton of the 22nd and Campbell of the 23rd: A bill to amend Code Section 36-67-4 of the Official Code of Georgia Annotated, relating to zoning proposal recommendation standards applicable to zoning pro cedures for counties and municipalities meeting certain population requirements, so as to encourage the creation of planning commissions to serve identifiable ar eas and communities. Referred to Committee on Urban and County Affairs (General). HB 829. By Representatives Murphy of the 18th and Porter of the 119th: A bill to amend Code Section 46-2-5 of the Official Code of Georgia Annotated, relating to the chairmanship of the Public Service Commission, so as to change the provisions relating to the chairman. Referred to Committee on Finance and Public Utilities. HB 849. By Representatives Redding of the 50th, Orrock of the 30th, Carrell of the 65th and others: A bill to amend Article 1 of Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions regarding the practice of dentistry, so as to provide that all signs, cards, announcements, advertisements, or methods used to state that dentistry may be practiced shall not be required to list the full names of each individual practicing dentistry in such place. Referred to Committee on Health and Human Services. HB 894. By Representatives Teper of the 46th and Redding of the 50th: A bill to amend Chapter 13 of Title 31 of the Official Code of Georgia Annotated, the "Georgia Radiation Control Act," so as to require any existing general or specific licensee and any applicant for a general or specific license to operate radiation-generating equipment to post a bond to ensure financial responsibility in certain contingencies. Referred to Committee on Health and Human Services. HB 902. By Representatives Ware of the 77th, Dunn of the 73rd, Ricketson of the 82nd and Jones of the 71st: A bill to amend Chapter 5 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of unauthorized insurers, so as to provide that, with respect to an action filed against an unauthorized insurer, service of process upon the Commissioner of Insurance shall only be used when an alternative method of service cannot be effectuated. Referred to Committee on Insurance and Labor. HB 919. By Representatives Skipper of the 116th, Walker of the 115th, Smyre of the 92nd and others: A bill to amend Title 6 of the Official Code of Georgia Annotated, relating to aviation, so as to authorize the creation of regional surface and air transportation authorities; to provide for elections to participate by political subdivisions. Referred to Committee on Transportation. 1370 JOURNAL OF THE SENATE HB 928. By Representative Selman of the 32nd: A bill to amend Chapter 9 of Title 10 of the Official Code of Georgia Annotated, the "Geo. L. Smith II Georgia World Congress Center Act," so as to authorize the Geo. L. Smith II Georgia World Congress Center Authority to obtain and use conviction data, under certain conditions, concerning its officers and employees and prospective officers and employees. Referred to Committee on Economic Development and Tourism. HB 933. By Representatives Murphy of the 18th and Groover of the 99th: A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, so as to repeal Article 5 thereof, relating to random drug testing of employees in high-risk jobs; to repeal Article 6 thereof, relating to drug testing for state employment; to provide for drug testing of safety sensitive and critical personnel. Referred to Committee on Judiciary. HR 336. By Representative Padgett of the 86th: A resolution compensating Mr. Marshall D. Coursey in the sum of $952.41. Referred to Committee on Appropriations. Senator Garner of the 30th moved that the Senate stand in recess until 11:00 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 2:30 o'clock P.M., Senator Deal of the 49th, President Pro Tempore, who was presid ing, announced that the Senate would stand in recess until 11:00 o'clock P.M. at which time the Senate would stand adjourned until 9:30 o'clock A.M. tomorrow. WEDNESDAY, MARCH 6, 1991 1371 Senate Chamber, Atlanta, Georgia Wednesday, March 6, 1991 Thirty-fourth Legislative Day The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President. Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House and Senate: HB 864. By Representatives Tolbert of the 58th, Sherrill of the 47th, Oliver of the 53rd, Irwin of the 57th, Williams of the 48th and others: A bill to provide a new charter for the City of Pine Lake. HB 915. By Representatives Dixon of the 151st and Smith of the 152nd: A bill to create the Kingsland Area Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility of promotion of tourism, trade, and conventions for Kingsland, Georgia. HB 917. By Representatives Thurmond of the 67th, Stephens of the 68th, Clark of the 13th and Powell of the 13th: A bill to amend an Act establishing a City Court in the County of Clarke, for merly known as the State Court of Clarke County, now known as the State Court of Athens-Clarke County, so as to continue the existing term of the present Judge of said Court. HB 920. By Representatives Purcell of the 129th and Mueller of the 126th: A bill to amend an Act placing the sheriff, deputy sheriff, and clerk of the Supe rior Court of Bryan County upon an annual salary, so as to change the provisions relative to the compensation of the sheriff. HB 922. 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 four-year terms. HB 923. By Representatives Purcell of the 129th and Mueller of the 126th: A bill to amend an Act placing the Ordinary, now Probate Court Judge, of Bryan County on an annual salary in lieu of the fee system of compensation, so as to change the amount of compensation of the Ordinary, now Probate Court Judge. 1372 JOURNAL OF THE SENATE HB 929. By Representative Ricketson of the 82nd: A bill to amend an Act creating a Board of Commissioners of Roads and Reve nues for the County of Glascock, so as to delete the requirement of the payment of county obligations by county warrants; to provide that county obligations shall be paid in a manner to be prescribed by the board of commissioners. HB 930. By Representatives Godbee of the 110th and Bargeron of the 108th: A bill to create a public body corporate and politic, and an instrumentality of the County of Burke, to be known as the Burke County Economic Development Authority. HB 931. By Representatives Godbee of the 110th and Bargeron of the 108th: A bill to provide for the creation of one or more community improvement dis tricts in Burke County and in each municipality therein. HB 935. By Representatives Colwell of the 4th and Twiggs of the 4th: A bill to amend an Act creating the Coosa Water Authority, so as to change the geographic boundaries of the service area of the authority. HB 940. By Representatives Colwell of the 4th and Twiggs of the 4th: A bill to amend an Act creating the Notla Water Authority, so as to change the geographic boundaries of the service area of the Authority. HB 941. By Representatives Buck of the 95th, Culbreth of the 97th, Taylor of the 94th, Moultrie of the 93rd, Harris of the 96th and others: A bill to create a board of elections and registration for Muscogee County and to empower the board with the powers and duties of the present board of elections and the board of voter registrars relating to the conduct of elections and prima ries and the registration of voters and absentee balloting procedures pursuant to subsection (b) of Code Section 21-2-40 of the Official Code of Georgia Annotated. HB 942. By Representatives Buck of the 95th, Culbreth of the 97th, Taylor of the 94th, Moultrie of the 93rd, Harris of the 96th and others: A bill to amend an Act establishing the State Court of Muscogee County, so as to provide for a full-time chief assistant solicitor; to provide for duties and compen sation; to abolish a certain position of assistant solicitor upon certain appointment. HB 947. By Representatives Murphy of the 18th, Watts of the 41st and Cummings of the 17th: A bill to provide for a supplemental expense allowance for the judges of the supe rior courts of the Tallapoosa Judicial Circuit; to provide for a supplemental ex pense allowance for the district attorney of the Tallapoosa Judicial Circuit. HB 948. By Representatives Walker of the 113th and Watson of the 114th: A bill to amend an Act incorporating the City of Centerville, so as to change the corporate limits of said city. SB 359. By Senator English of the 21st: A bill to provide a new charter for the City of Keysville; 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, qualification, prohibitions, and removal from office rela- WEDNESDAY, MARCH 6, 1991 1373 tive to members of such governing authority; to provide for inquiries and investi gations; to provide for organization and procedures. SB 362. By Senator Edge of the 28th: A bill to be entitled an Act to provide for the Griffin-Spalding County Personal Care Health Board, a board to take such actions and do such things as it shall deem necessary and proper to inspect and license personal care health facilities; to provide for the board to be administratively attached to the Spalding County Board of Health. SB 368. By Senator Baldwin of the 29th: A bill to amend an Act creating the Downtown LaGrange Development Author ity, as amended, so as to permit the authority to buy, acquire, develop, improve, own, operate, maintain, sell, lease, and mortgage property; to permit the author ity to exercise eminent domain for the purpose of this Act. The following bills and resolutions of the Senate were introduced, read the first time and referred to committees: SB 450. By Senators Starr of the 44th and Collins of the 17th: A bill to provide for the creation of one or more community improvement dis tricts in Clayton County and in each municipality therein; to provide for a short title; to provide for the purposes of the said districts; to provide for definitions; to provide for boards to administer said districts. Referred to Committee on Urban and County Affairs. SB 451. By Senator Shumake of the 39th: A bill to incorporate the City of South Fulton County in Fulton County; to pro vide for a charter for said city; to provide for incorporation, boundaries, and pow ers of the city; to provide for general powers and limitations on powers; to pro vide for certain revenue sharing. Referred to Committee on Urban and County Affairs. SB 452. By Senator Shumake of the 39th: A bill to incorporate the City of North Fulton County in Fulton County; to pro vide for a charter for said city; to provide for incorporation, boundaries, and pow ers of the city; to provide for general powers and limitations on powers; to pro vide for certain revenue sharing; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority. Referred to Committee on Urban and County Affairs. SB 453. By Senator Shumake of the 39th: A bill to provide that the total ad valorem tax revenues collected by the tax commissioner of Fulton County shall not exceed by 10 percent or more the total ad valorem tax revenues collected during the preceding year; to provide defini tions; to authorize a tax recall election; to provide for applications for tax recall petitions. Referred to Committee on Urban and County Affairs. 1374 JOURNAL OF THE SENATE SB 454. By Senator Ray of the 19th: A bill to provide a new charter for the City of Hawkinsville; to provide for incor poration, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office rel ative to members of such governing authority. Referred to Committee on Urban and County Affairs. SB 455. By Senator Shumake of the 39th: A bill to provide a procedure whereby the City of Atlanta may issue a total of $8 million in bonds in any fiscal year for municipal corporate purposes without a referendum; to authorize the City of Atlanta to reserve $1 million of the bond proceeds to finance emergency home renovation and repair based on eligibility of residents of said city; to provide for a revolving loan fund; to provide for grants. Referred to Committee on Urban and County Affairs. SR 266. By Senators Hill of the 4th and Taylor of the 12th: A resolution creating the Rural Policy Study Committee. Referred to Committee on Rules. SR 273. By Senators Scott of the 36th, Deal of the 49th, Baldwin of the 29th and others: A resolution creating the Senate Children's Code Study Committee. Referred to Committee on Rules. SR 277. By Senator Olmstead of the 26th: A resolution creating the Senate Dental Hygienists Licensing Study Committee. Referred to Committee on Rules. The following bills of the House were read the first time and referred to committee: HB 864. By Representatives Tolbert of the 58th, Sherrill of the 47th, Oliver of the 53rd and others: A bill to provide a new charter for the City of Pine Lake. Referred to Committee on Urban and County Affairs. HB 915. By Representatives Dixon of the 151st and Smith of the 152nd: A bill to create the Kingsland Area Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility of promotion of tourism, trade, and conventions for Kingsland, Georgia. Referred to Committee on Urban and County Affairs. HB 917. By Representatives Thurmond of the 67th, Stephens of the 68th, Clark of the 13th and Powell of the 13th: A bill to amend an Act establishing a City Court in the County of Clarke, for merly known as the State Court of Clarke County, now known as the State Court of Athens-Clarke County, so as to continue the existing term of the present Judge of said Court. Referred to Committee on Urban and County Affairs. WEDNESDAY, MARCH 6, 1991 1375 HB 920. By Representatives Purcell of the 129th and Mueller of the 126th: A bill to amend an Act placing the sheriff, deputy sheriff, and clerk of the Supe rior Court of Bryan County upon an annual salary, so as to change the provisions relative to the compensation of the sheriff. Referred to Committee on Urban and County Affairs. HB 922. 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 four-year terms. Referred to Committee on Urban and County Affairs. HB 923. By Representatives Purcell of the 129th and Mueller of the 126th: A bill to amend an Act placing the Ordinary, now Probate Court Judge, of Bryan County on an annual salary in lieu of the fee system of compensation, so as to change the amount of compensation of the Ordinary, now Probate Court Judge. Referred to Committee on Urban and County Affairs. HB 929. By Representative Ricketson of the 82nd: A bill to amend an Act creating a Board of Commissioners of Roads and Reve nues for the County of Glascock, so as to delete the requirement of the payment of county obligations by county warrants; to provide that county obligations shall be paid in a manner to be prescribed by the board of commissioners. Referred to Committee on Urban and County Affairs. HB 930. By Representatives Godbee of the 110th and Bargeron of the 108th: A bill to create a public body corporate and politic, and an instrumentality of the County of Burke, to be known as the Burke County Economic Development Authority. Referred to Committee on Urban and County Affairs. HB 931. By Representatives Godbee of the 110th and Bargeron of the 108th: A bill to provide for the creation of one or more community improvement dis tricts in Burke County and in each municipality therein. Referred to Committee on Urban and County Affairs. HB 935. By Representatives Colwell of the 4th and Twiggs of the 4th: A bill to amend an Act creating the Coosa Water Authority, so as to change the geographic boundaries of the service area of the authority. Referred to Committee on Urban and County Affairs. HB 940. By Representatives Colwell of the 4th and Twiggs of the 4th: A bill to amend an Act creating the Notla Water Authority, so as to change the geographic boundaries of the service area of the Authority. Referred to Committee on Urban and County Affairs. HB 941. By Representatives Buck of the 95th, Culbreth of the 97th, Taylor of the 94th and others: A bill to create a board of elections and registration for Muscogee County and to empower the board with the powers and duties of the present board of elections and the board of voter registrars relating to the conduct of elections and prima- 1376 JOURNAL OF THE SENATE ries and the registration of voters and absentee balloting procedures pursuant to subsection (b) of Code Section 21-2-40 of the Official Code of Georgia Annotated. Referred to Committee on Urban and County Affairs. HB 942. By Representatives Buck of the 95th, Culbreth of the 97th, Taylor of the 94th and others: A bill to amend an Act establishing the State Court of Muscogee County, so as to provide for a full-time chief assistant solicitor; to provide for duties and compen sation; to abolish a certain position of assistant solicitor upon certain appointment. Referred to Committee on Urban and County Affairs. HB 947. By Representatives Murphy of the 18th, Watts of the 41st and Cummings of the 17th: A bill to provide for a supplemental expense allowance for the judges of the supe rior courts of the Tallapoosa Judicial Circuit; to provide for a supplemental ex pense allowance for the district attorney of the Tallapoosa Judicial Circuit. Referred to Committee on Urban and County Affairs. HB 948. By Representatives Walker of the 113th and Watson of the 114th: A bill to amend an Act incorporating the City of Centerville, so as to change the corporate limits of said city. Referred to Committee on Urban and County Affairs. The following reports of standing committees were read by the Secretary: Mr. President: The Committee on Appropriations 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 120. Do pass. HB 285. Do pass by substitute. HB 238. Do pass. HB 808. Do pass by substitute. Respectfully submitted, Senator Johnson of the 47th District, Chairman Mr. President: The Committee on Banking and Financial Institutions 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 383. Do pass. HB 334. Do pass. HB 333. Do pass. HB 336. Do pass. Respectfully submitted, Senator Turner of the 8th District, Chairman Mr. President: The Committee on Finance and Public Utilities has had under consideration the follow ing bills of the House and has instructed me to report the same back to the Senate with the following recommendations: WEDNESDAY, MARCH 6, 1991 1377 HB 198. Do pass. HB 266. Do pass. HB 340. Do pass. HB 412. Do pass. Respectfully submitted, Senator Starr of the 44th District, Chairman Mr. President: The Committee on Finance and Public Utilities has had under consideration the follow ing bill of the House and has instructed me to report the same back to the Senate with the following recommendation: HB 283. Do pass by substitute. Respectfully submitted, Senator Starr of the 44th District, Chairman Mr. President: The Committee on Health and Human Services has had under consideration the follow ing bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 389. Do pass. HB 474. Do pass. HB 424. Do pass. Respectfully submitted, Senator Olmstead of the 26th 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 226. Do pass. HB 461. Do pass. HB 240. Do pass. HB 560. Do pass. Respectfully submitted, Senator Baldwin of the 29th 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 449. Do pass by substitute. HB 554. Do pass by substitute. HB 547. Do pass by substitute. Respectfully submitted, Senator Baldwin of the 29th 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: 1378 JOURNAL OF THE SENATE HR 402. 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 11. Do pass by substitute. HB 417. Do pass. HB 63. Do pass by substitute. HB 448. Do pass. HB 213. Do pass. HB 567. Do pass. HB 324. Do pass as amended. Respectfully submitted, Senator Edge of the 28th District, Chairman Mr. President: The Committee on Transportation 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 886. Do pass. HR 283. Do pass. HB 671. Do pass by substitute. HR 346. 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 226. Do pass. HB 867. Do pass. SB 300. Do pass by substitute. HB 873. Do pass. SB 442. Do pass. HB 874 Do pass. SB 443. HB 544. ,,H,,B 6-5._7. Do pass. Do pass as amended. D_ o pass. UHDB 8Q7_7_. _Do pass. HB 882. Do pass. HB 658. Do pass as amended. HB 884' Do Pass' HB 841. Do pass. HB 885- Do Pass- HB 866. Do pass. HB 887. Do pass. Respectfully submitted, Senator Harris of the 27th District, Chairman Mr. President: The Committee on Youth, Aging and Human Ecology 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: WEDNESDAY, MARCH 6, 1991 1379 HB 276. HB 604. Do pass by substitute. Do pass by substitute. Respectfully submitted, Senator Scott of the 36th District, Chairman The following bills and resolutions of the Senate and House were read the second time: SB 316. By Senator Shumake of the 39th: A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to revise fees for clerks of superior courts in counties with a population of 550,000 or more; to provide for disposition of such fees; to provide a contingent effective date. SR 21. By Senator Alien of the 2nd: A resolution creating the Grand Juries Study Committee. SR 246. By Senator Walker of the 43rd: A resolution creating the Georgia Senate Study Committee on County and Mu nicipal Employment Practices. HB 208. By Representatives Oliver of the 53rd, Lawrence of the 49th and Pinkston of the 100th: A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to provide that business records required to be kept by state law or an administrative rule or regulation promulgated pursuant to state law shall be retained for a period of three years. HB 626. By Representatives Redding of the 50th, Baker of the 51st, Alford of the 57th and others: A bill to amend Code Section 36-1-20 of the Official Code of Georgia Annotated, relating to ordinances for governing and policing unincorporated areas of the county, so as to increase the maximum fine from $500.00 to $1,000.00. The President called for the morning roll call, and the following Senators answered to their names: Albert Baldwin Bowen Burton Clay CCoollleimnsan Deal Echols Egan English Foster Garner Hasty Hill Hooks Huggins Johnson KMiadrdable Moye Newbill Olmstead Perdue Perry Pollard Those not answering were Senators: Alien Bishop Ragan of 32nd Ramsey Rav Scott Starr ^ct,em b, erg , Tay'or Thompson Turner Walker of 22nd White Broun 1380 JOURNAL OF THE SENATE Dawkins Dean Edge Gillis Hammill Harris Henson Langford Phillips Ragan of 10th Robinson Shumake Timmons Tysinger Walker of 43rd Senator Ragan of the 32nd introduced the chaplain of the day, Reverend Clark Hutchinson, pastor of the Eastside Baptist Church, Marietta, Georgia, who offered scripture read ing and prayer. The following resolutions of the Senate were read and adopted: SR 265. By Senator Collins of the 17th: A resolution commending Youth With a Cause, Inc., and Hampton Boys Home. SR 267. By Senators Garner of the 30th and Moye of the 34th: A resolution commending the judges of the Douglas Judicial Circuit. SR 268. By Senator Dean of the 31st: A resolution commending the Bremen Lions Club. SR 269. By Senator Dean of the 31st: A resolution commending the Buchanan Lions Club. SR 270. By Senator Dean of the 31st: A resolution commending the Buchanan Woman's Club. SR 271. By Senator Dean of the 31st: A resolution commending the Tallapoosa Jaycees. SR 272. By Senator Dean of the 31st: A resolution commending the Tallapoosa Lions Club. SR 274. By Senators Tate of the 38th and Moye of the 34th: A resolution commending Mr. Lee Haney, "Mr. Olympia," for his achievements as World Champion Body Builder; actor; entrepreneur; and role model. SR 275. By Senators Tate of the 38th, Alien of the 2nd and Bishop of the 15th: A resolution recognizing February 23, 1991, as "TRIO Day" in Georgia. SR 276. By Senators Tate of the 38th, Bishop of the 15th and Foster of the 50th: A resolution commending Dr. A. D. Albright. SR 278. By Senator Thompson of the 33rd: A resolution commending and recognizing the visiting personnel of the Royal New Zealand Air Force. WEDNESDAY, MARCH 6, 1991 1381 SR 279. By Senator Dean of the 31st: A resolution commending Bill Lowery. SR 280. By Senator Foster of the 50th: A resolution recognizing the Georgia Resource Conservation and Development Council, Inc., for its assistance to rural Georgia. SR 281. By Senator English of the 21st: A resolution commending the "Planned Famine" project of the Alethia Youth Ministries of Millen Baptist Church. Senator Deal of the 49th moved that the following bill of the House be withdrawn from the Senate Committee on Public Safety and committed to the Senate Committee on Judiciary: HB 594. By Representatives Barnett of the 10th, Parham of the 105th and Harris of the 84th: A bill to amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, the "Used Car Dealers' Registration Act," so as to provide that leasing and rental companies which are required to be licensed shall be exempt from certain re quirements; to provide for licensing of pawnbrokers who engage in sales of automobiles. On the motion, the yeas were 36, nays 0; the motion prevailed, and HB 594 was with drawn from the Senate Committee on Public Safety and committed to the Senate Commit tee on 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 March 6, 1991 THIRTY-FOURTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) HB 856 Perdue, 18th A bill to revise provisions relating to the authority of the police court in the City of Centerville to impose fines and imprisonment; to provide that neither the mayor nor any councilmember may hold an elected or appointed office or otherwise be employed by the city. SB 226 Shumake, 39th Moye, 34th Langford, 35th Scott, 36th Tate, 38th Egan, 40th Newbill, 56th A bill to limit the chairman of the board of commissioners to two consecutive four-year terms of office in Fulton County. 1382 JOURNAL OF THE SENATE SB 300 Shumake, 39th Moye, 34th Langford, 35th Scott, 36th Tate, 38th Egan, 40th Newbill, 56th Henson, 55th Steinberg, 42nd Walker, 43rd Burton, 5th Tysinger, 41st Starr, 44th Collins, 17th White, 48th Phillips, 9th A bill to change certain provisions regarding appointment of fact finders, binding interest arbitration, and resolution of wage issue disputes regarding the "Metropolitan Atlanta Rapid Transit Authority". (SUBSTITUTE) SB 442 Johnson, 47th A bill to create a new board of commissioners of Franklin County; to provide for a chairman, members, elections, qualifications, districts, terms and elec tion procedures; to provide that the members of the former advisory board shall be initial members of the board of commissioners; to provide for vacan cies; oaths of office and surety bonds; and for other purposes. SB 443 White, 48th A bill to provide a homestead exemption from all City of Sugar Hill ad valorem taxes for any city purposes, including but not limited to taxes to require bonded indebtedness, in the amount of $2,000.00 of the assessed value of the homestead for residents of the City of Sugar Hill; to provide for an exception with respect to land in excess of one acre. *HB 544 Moye, 34th Langford, 35th Scott, 36th Tate, 38th Shumake, 39th Egan, 40th Steinberg, 42nd Henson, 55th Newbill, 56th A bill to provide for the creation of one or more community improvement districts in the City of Atlanta, Georgia. (AMENDMENT) HB 657 Shumake, 39th Moye, 34th Langford, 35th Scott, 36th Tate, 38th Egan, 40th Newbill, 56th Henson, 55th Steinberg, 42nd WEDNESDAY, MARCH 6, 1991 1383 Walker, 43rd Burton, 5th Tysinger, 41st Starr, 44th Collins, 17th White, 48th Phillips, 9th A bill to provide that the interest income from certain reserve funds may be used to pay operating costs until June 30, 1994 for the Metropolitan Atlanta Rapid Transit Authority. *HB 658 Shumake, 39th Moye, 34th Langford, 35th Scott, 36th Tate, 38th Egan, 40th Newbill, 56th Henson, 55th Steinberg, 42nd Walker, 43rd Burton, 5th Tysinger, 41st Starr, 44th Collins, 17th White, 48th Phillips, 9th A bill to provide for the preparation, filing, availability, and public notice of the Metropolitan Atlanta Rapid Transit Authority's annual report and cer tain listings. (AMENDMENT) HB 841 Huggins, 53rd A bill to create the board of commissioners of Dade County. HB 866 Baldwin, 29th A bill to increase the amount of the fine and the length of the sentence of imprisonment which may be imposed by the mayor's court in certain circum stances in the City of Hamilton. HB 867 Baldwin, 29th A bill to provide a new board of commissioners of Heard County. HB 873 Albert, 23rd Pollard, 24th A bill to provide that future school superintendents of Columbia County shall be appointed by the board of education. HB 874 Hill, 4th A bill to change the provisions relating to the time of election, taking of of fice, and terms of office of the mayor and councilmembers for the City of Glennville, Tattnall County. HB 877 Newbill, 56th Ragan, 32nd 1384 JOURNAL OF THE SENATE Clay, 37th Thompson, 33rd A bill to provide qualifications for the chief magistrate, full-time magistrates, and part-time magistrates for the Magistrate Court of Cobb County. HB 882 Steinberg, 42nd Burton, 5th Tysinger, 41st Walker, 43rd Henson, 55th A bill to create the City of DeKalb Study Commission. HB 884 Broun, 46th A bill to provide a new charter for the City of Commerce, Jackson County. HB 885 Bowen, 13th A bill to authorize the board of commissioners of Irwin County to enter into such contracts and agreements as the board determines appropriate or neces sary for the purpose of the county's owning, leasing, or operating a correc tional facility as a private, commercial enterprise to house and care for cer tain inmates other than county prisoners. HB 887 Baldwin, 29th Garner, 30th A bill to change the compensation of the judge of the State Court of Carroll County. The amendments and substitutes to the following bills were put upon their adoption: HB 856: The substitute to HB 856 offered by Senator Perdue of the 18th 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 49, nays 0, and the substitute was adopted. *SB 300: The Senate Committee on Urban and County Affairs offered the following substitute to SB 300: A BILL To be entitled an Act to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, so as to delete certain provisions regarding interest arbitration and jurisdiction relating thereto; to change the provisions regarding fact finding; to provide for the judicial determination of certain unresolved collective bargaining issues and the conditions and ef fect 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. An Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, is amended by striking WEDNESDAY, MARCH 6, 1991 1385 subsection (b) of Section 20 thereof and inserting in its place a new subsection to read as follows: "(b) (1) The Board may provide for the recognition of authorized representatives of the employees of the Authority and for collective bargaining, in accordance with this subsection, with such authorized representatives. (2) As used in this subsection, the following terms shall have the following meanings: (A) 'Authorized representative' means the collective bargaining agent for a class of em ployees, recognized for such purposes by the Board. (B) 'Collective bargaining' or 'collectively bargain' means performing the mutual obliga tion of the Authority and the authorized representatives of represented employees to negoti ate, in good faith and to impasse, if necessary, over wages, hours, and other terms and con ditions of employment with the bona fide intention of reaching a negotiated agreement. (C) 'Grievance arbitration' means arbitration of a dispute between the Authority and the authorized representative, acting on behalf of a represented employee, which involves the interpretation of an existing labor agreement and the application of the terms and con ditions of that labor agreement to the claims of one or more employees. (D) 'Labor agreement' means an agreement, including any agreement respecting pen sion or retirement benefits for represented employees, between the Authority and the au thorized representative, entered into in accordance with this subsection, which establishes the wages, hours, and other terms and conditions of employment for represented employees of the Authority. (E) 'Represented employee' means an employee of the Authority who is a member of a class of employees for which the Board has recognized an authorized representative. (3) Every labor agreement entered into by the Authority shall provide for grievance arbitration and shall specify the procedure therefor. In any grievance arbitration, the arbi trators must base their decision upon the express terms and conditions of an existing labor agreement. (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, after expiration of an existing labor agreement, the Au thority and the authorized representative are then unable to agree upon the terms and con ditions of a new labor agreement, including but not limited to the issue of wages, they shall jointly select or, failing their agreement, upon the written petition of either or both parties, the Governor shall appoint within 30 days after receipt of said petition a neutral fact finder to investigate and explore all unresolved collective bargaining issues and to render a report to the Authority, the authorized representative, and the public. The neutral fact finder shall conduct such hearings as may be necessary to provide for the full and fair presentation of all unresolved collective bargaining issues by both parties. That fact finder shall be authorized to sign and issue subpoenas for witnesses or documents, to administer oaths, to take oral or written testimony and to take such other actions as may be needed to make comprehensive findings of fact and recommendations. When a subpoena is disobeyed, any party may apply to the Superior Court of Fulton County for an order requiring obedience. Failure to comply with that order shall be cause for punishment as for contempt of court. The costs of secur ing the attendance of witnesses, including fees and mileage, shall be computed in the same manner as prescribed by law in civil cases in the superior court. (5) The fact finder's report shall recommend as to all unresolved collective bargaining issues submitted for fact-finding appropriate wages, hours, and other terms and conditions of employment for represented employees, shall set forth supporting factual findings, deter mined after due consideration of the factors set forth in subparagraphs (A) through (E) of paragraph (8) of this subsection, and shall contain a summary of the findings. The report of the fact finder shall be issued within 30 days after the fact finder is selected or appointed. Upon issuance, the report shall be distributed by the Authority to the Governor, the Metro- 1386 JOURNAL OF THE SENATE politan Atlanta Rapid Transit Overview Committee of the Georgia General Assembly, and each local governing body in the metropolitan area. The fact finder shall cause the summary of findings to be published once in the newspaper having the largest circulation in the met ropolitan area. The fact finder shall be compensated in the same manner as a special master pursuant to Code Section 22-2-106 of the O.C.G.A., and the costs thereof and any other costs of the proceeding shall be borne equally by the parties. After selection or appointment of a fact finder pursuant to this paragraph, the parties may continue to collectively bargain on any issues, including but not limited to those submitted for fact-finding. (6) Upon issuance of the fact finder's report, the Authority and the authorized repre sentative shall continue to collectively bargain in light of the recommendations set forth in such report. If either party rejects any or all of the fact finder's recommendations and the parties are otherwise unable, through collective bargaining, to reach agreement on such issue or issues, then each party rejecting any of the fact finder's recommendations shall prepare a written statement setting forth the specific recommendations which such party has rejected, the party's counterproposal on the issue or issues, and the reasons for rejecting the fact finder's recommendations. Prior to the commencement of any proceeding for a judicial de termination, as provided in paragraph (7) of this subsection, each party required under this paragraph to prepare that statement shall cause it to be published in the local newspaper having the largest circulation in the metropolitan area and shall concurrently distribute that statement to the Governor, the Metropolitan Atlanta Rapid Transit Overview Committee of the Georgia General Assembly, and each local governing body in the metropolitan area. (7) If, within the 30 days following issuance of the fact finder's report, the Authority and the authorized representative are unable to conclude a new labor agreement, either party may then seek a judicial determination of any unresolved issues between the parties. Such an action may be instituted by the filing of a petition for a judicial determination directed to the senior judge in time of service of the Superior Court of Fulton County in even-numbered years or the senior judge in time of service of the Superior Court of DeKalb County in odd-numbered years to resolve any issue. That judge, without a jury, shall decide the issues within 90 days after said petition shall be filed with the clerk of the superior court of such judge's judicial circuit. That judge's decision on those issues shall bind both the Authority and the authorized representative and there shall be no appeal from that deci sion. That judge may require the Authority and the authorized representative to provide that judge with such information as the judge determines to be necessary in the resolving of the issues submitted thereto. In the event that any unresolved collective bargaining issue, including but not limited to wage rates for represented employees, is not submitted for judi cial determination, the parties shall continue to collectively bargain 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 for judicial deter mination, as provided in this paragraph. (8) In any judicial determination under this subsection, the judge shall be bound by any written stipulation or submission agreement between the Authority and the authorized rep resentative concerning such determination. In determining any issue, the judge shall also give weight both to the report of the neutral fact finder and to the following factors: (A) The financial ability of the Authority to pay wages and provide benefits, whether or not increased, while adhering to all legal requirements governing the Authority's expendi ture of public funds and revenues and maintaining levels of transit service sufficient to serve the metropolitan area; (B) The amount, if any, of any fare increase which would be necessary to afford a wage or salary increase or improvement in fringe benefits or extension of vacation, holiday, or excused time and the ability of the public to bear a fare increase, with consideration of the per capita income of those persons in the service area; (C) A comparison between the overall wage and salary levels and fringe benefit levels and vacation, holiday, and excused time allowances of the Authority's represented employ- WEDNESDAY, MARCH 6, 1991 1387 ees and other workers in the public and private sectors of the metropolitan area who per form work requiring similar skills in other major ground transportation services; (D) A comparison of the hours and working conditions of the Authority's represented employees and other workers in the public and private sectors of the metropolitan area who perform work requiring similar skills in other major ground transportation services; and (E) The cost of consumer goods and services within the metropolitan area. (9) No employee of the Authority shall engage in any strike, sit-down, slow-down, walk out, or other concerted cessation or curtailment of work, and no authorized representative of employees of the Authority shall cause, instigate, encourage, promote, or condone any strike, sit-down, slow-down, walkout, or other concerted cessation or curtailment of work by any employee of the Authority. The Authority shall not unilaterally increase, decrease, or other wise change the wages, including accrued cost-of-living allowances, or fringe benefits of rep resented employees as of the last day of an expired contract pending the establishment of new wages and fringe benefits by negotiation or judicial determination. (10) Subject to any requirement imposed pursuant to Section 13 (c) of the Urban Mass Transportation Act of 1964, as amended, the Authority at all times shall have the right to determine the method, means, and personnel by which its operations are to be carried on, including the right to hire part-time employees. (11) In enacting this subsection, the General Assembly recognizes that arbitration ousts the jurisdiction of the courts and declares that it is appropriate for the state to regulate any method of disputes resolution that takes place outside the judicial system. The Superior Court of Fulton County shall have equitable and legal jurisdiction to enforce this subsection." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 49, nays 0, and the substitute was adopted. *HB 544: The Senate Committee on Urban and County Affairs offered the following amendment: Amend HB 544 by striking the word "nine" and inserting in lieu thereof the figure "11" on line 28 of page 11. By inserting on line 33 of page 11 preceding the word "and" the following: "one board member shall be appointed by the members of the House of Representa tives who represent any part of the City of Atlanta; one board member shall be appointed by the members of the Senate who represent any part of the City of Atlanta;". By inserting on line 2 of page 12 after the word and symbol "board." the following: "Members of the General Assembly shall not be eligible to serve as appointed members of the board.". By striking "city governing body" and inserting in lieu thereof "appointing authority" on line 4 of page 12. By striking "city governing body" and inserting in lieu thereof "appointing authority" on line 11 of page 12. On the adoption of the amendment, the yeas were 49, nays 0, and the amendment was adopted. 1388 JOURNAL OF THE SENATE *HB 658: The Senate Committee on Urban and County Affairs offered the following amendment: Amend HB 658 by adding immediately before the quotation marks on line 4 of page three the following: "Such notice shall occupy at least one quarter of a full page in such newspaper." On the adoption of the amendment, the yeas were 49, nays 0, and the amendment was adopted. HB 867: Senator Baldwin of the 29th offered the following amendment: Amend HB 867 by striking from line 20 of page 1 the word "amend" and inserting in its place the word "repeal". By striking lines 24 through 27 of page 9 and inserting in lieu thereof the following: "compensation; (16) To require all county officers to report on the general or specific conduct of the financial affairs of their respective offices; and (17) To exercise all powers now or hereafter vested in county governing authorities by the Constitution and general laws of this state, specifically including, but not limited to, the power of eminent domain for any public purpose." On the adoption of the amendment, the yeas were 49, 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 by amendment and substitute. On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Gillis Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Olmstead Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Scott Starr Steinberg Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White WEDNESDAY, MARCH 6, 1991 1389 Those not voting were Senators: Bishop Garner Hammill Langford Phillips Robinson Shumake 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 856, SB 300, HB 544, HB 658 and HB 867, having received the requisite constitutional majority, were passed. HB 544, HB 658 and HB 867, having received the requisite constitutional majority, were passed as amended. HB 856 and SB 300, having received the requisite constitutional majority, were passed by substitute. SENATE RULES CALENDAR Wednesday, March 6, 1991 THIRTY-FOURTH LEGISLATIVE DAY HB 261 Special License Plates--commemorating 1996 Olympics (Pub S--45th) HB 483 Superior Court Judges Retirement--voluntary withdrawal from cost-of-living ad justment (Ret--38th) HR 285 Airports Study Committee--create (Substitute) (Rules--1st) (Pursuant to Senate Rule 143, final passage of the resolution was suspended on February 28, 1991.) HB 279 Health Insurance--prohibit reimbursement for out-of-state mail order pharmacy (Substitute) (I&L--30th) HB 97 Cancellation of Deed to Secure Debt--penalty, failure to supply (S Judy--24th) HB 709 Air Quality Act--provisions on fee charges for permit (Nat R--16th) HB 292 Equine Activities Immunity Act--enact (Substitute) (Ag--49th) HB 272 Fire Sprinkler Act--change certain definitions (Substitute) (YA&HE--3rd) HB 706 Parks, Recreational Areas--unlawful to park vehicle certain areas (Nat R--20th) HR 286 Amtrak Resumption of Service Between Chicago and Florida--endorse (Amend ment) (Trans--1st) HB 465 Public Works Contracts--bids by affiliated corporations (Substitute) (I&L--37th) HB 413 Income Tax Monthly, Quarterly Returns--filing (Substitute) (F&PU--44th) HB 399 Georgia Child Care Council--create (Substitute) (YA&HE--36th) HR 80 Fannin and Gilmer County--easement for underground audio transmission cable (Substitute) (F&PU--51st) (Pursuant to Senate Rule 143, final passage of the resolution was suspended on February 28, 1991.) HB 70 Appeals--change provisions when judgment certain dollar amount (Substitute) (Judy--29th) HR 290 Joint Workers' Compensation Task Force--create (Rules--24th) HB 546 Health Care Facility--certain revocations of certificate of need (H&HS--26th) HB 804 State Games Commission--membership (Ed--50th) 1390 JOURNAL OF THE SENATE HB 607 Atlanta Motor Vehicle Self-Insurers--change population figures (U&CA G--27th) HB 5 Ambulance Service--valid license required (Substitute) (H&HS--26th) HR 349 Woody Glenn Highway--designate (Trans--54th) SR 225 Local Law Enforcement--urge improve retirement, pension systems (Ret--19th) HB 264 Property Appraisal by Tax Assessors--go upon property outside buildings (F&PU--44th) HB 96 Physically Disabled--service dog (Amendment) (YA&HE--36th) 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 261. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st: A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, so as to provide for special license plates to commemorate the holding of the 1996 Olympic Games in the City of Atlanta and the State of Georgia. Senate Sponsors: Senators Dawkins of the 45th and Taylor of the 12th. Senator Dawkins of the 45th offered the following amendment: Amend HB 261 as follows: On line 16, page 2 after the comma following the word "law" add the following: "which fee shall be collected by the county tag agent at the time of collection of other registration fees and remitted to the state as provided in Code Section 40-2-34," On the adoption of the amendment, the yeas were 31, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey WEDNESDAY, MARCH 6, 1991 1391 Ray Robinson Scott Starr Steinberg Tate Taylor Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Bishop Hammill Shumake Thompson 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 483. By Representatives Cummings of the 17th and Floyd of the 135th: A bill to amend Code Section 47-9-76 of the Official Code of Georgia Annotated, relating to postretirement cost-of-living benefit adjustments for members of the Superior Court Judges Retirement System, so as to provide for voluntary with drawal from eligibility for such adjustments. Senate Sponsor: Senator Tate of the 38th. The following Certification, as required by law, was read by the Secretary: Department of Audits 254 Washington Street, SW 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 15, 1991 SUBJECT: House Bill 483 (LC 21 0728) Superior Court Judges Retirement System This bill provides that members of the Superior Court Judges Retirement System, who elected to become eligible for postretirement cost-of-living benefit adjustments, may volun tarily withdraw from this eligibility on or before June 30, 1992. The bill also provides cer tain conditions for the withdrawal of contributions. 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 Alien Baldwin Bowen Broun Burton Clay Coleman Collins 1392 JOURNAL OF THE SENATE Dawkins Deal Dean Echols Edge Egan English FGoasrtneerr Gillis Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill POelmrdsuteead Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Tavlor T*h*oympson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Bishop Hammill Shumake On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed. The following 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 adoption: HR 285. By Representative Lane of the 27th: A resolution creating the Airports Study Committee. Senate Sponsor: Senator Coleman of the 1st. The substitute to HR 285 offered by Senators Coleman of the 1st and Dean of the 31st on February 28, as it appears in the Journal of February 28, was automatically reconsidered and put upon its adoption. On the adoption of the substitute, the yeas were 35, 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 follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye WEDNESDAY, MARCH 6, 1991 1393 Newbill Olmstead Perdue vPh^ilrlips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd White Those not voting were Senators: Bishop Garner Shumake Walker of 43rd On the adoption of the resolution, the yeas were 52, nays 0. The resolution, having received the requisite constitutional majority, was adopted by substitute. The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage: HB 279. By Representatives Dunn of the 73rd, Pinkston of the 100th, Childers of the 15th 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 prohibit certain provisions relating to the utilization and reimbursement of out-of-state mail order pharmacies in group or blanket accident and sickness insurance poli cies or preferred provider arrangements under such policies. Senate Sponsors: Senators Garner of the 30th and Pollard of the 24th. The Senate Committee on Insurance and Labor offered the following substitute to HB 279: A BILL To be entitled an Act 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 prohibit certain provisions requiring the utilization of mail-order pharmaceutical distributors in a group or blanket accident and sickness insurance policy, plan, contract, or fund; to provide a definition; to provide for explanations of reimbursement methods to be issued to insureds; to require a certain provision in a contract between a health care insurer and a mail-order pharmaceutical distributor regarding notice to insureds; to allow other providers of pharma ceutical services the opportunity to accept the terms and conditions of reimbursement ap plicable to mail-order pharmaceutical distributors; to provide for 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 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, is amended by adding immediately fol lowing Code Section 33-30-4.2 a new Code section, to be designated Code Section 33-30-4.3, to read as follows: "33-30-4.3. (a) For the purposes of this Code section, the term 'health care insurer' means an insurer, including a fraternal benefit society, a health care plan, a nonprofit medi cal service corporation, a nonprofit hospital service corporation, or a health maintenance 1394 JOURNAL OF THE SENATE organization authorized to sell accident and sickness insurance policies, subscriber certifi cates, or other contracts of accident and sickness insurance by whatever name called. (b) A group or blanket accident and sickness insurance policy, plan, contract, or fund may not be issued, delivered, issued for delivery, or renewed by a health care insurer on or after July 1, 1991, if such policy, plan, contract, or fund requires that insureds thereunder obtain pharmaceutical services, including prescription drugs, exclusively from a mail-order pharmaceutical distributor. Insureds who do not utilize a mail-order pharmaceutical distrib utor shall not be required to pay a different copayment fee or have imposed any varying conditions for the receipt of pharmaceutical services, including prescription drugs, when that payment or condition is not imposed upon those insureds who utilize a mail-order pharmaceutical distributor for those services if the provider of pharmaceutical services uti lized by the insured has agreed to the same terms and conditions as applicable to the mail order pharmaceutical distributor and has agreed to accept reimbursement from the health care insurer at the same rate which would have been paid to the mail-order pharmaceutical distributor for the same pharmaceutical services. (c) Any health care insurer who issues a group or blanket accident and sickness policy, plan, contract, or fund that provides coverage for pharmaceutical services, including pre scription drugs, by a mail-order pharmaceutical distributor shall issue to each insured under such policy, plan, contract, or fund a detailed explanation of the reimbursement method applicable to mail-order pharmaceutical distributors as compared to other providers of pharmaceutical services. (d) Any health care insurer who contracts with a mail-order pharmaceutical distributor to provide pharmaceutical services, including prescription drugs, under a group or blanket accident and sickness policy, plan, contract, or fund shall include in such contract a provi sion requiring the mail-order pharmaceutical distributor in its initial written correspon dence with an insured to include a notice that the insured may obtain pharmaceutical ser vices, including prescription drugs, from other providers of pharmaceutical services and that the exclusive utilization of the mail-order pharmaceutical distributor is not required. (e) A provider of pharmaceutical services who desires to provide services to insureds in their service area shall, upon written request to the health care insurer, be provided infor mation pertaining to the terms and conditions applicable to mail-order pharmaceutical ser vices available in such service area. If the provider of pharmaceutical services agrees to the terms and conditions in writing, the provider of pharmaceutical services will be reimbursed at the same rate paid to the mail-order pharmacy distributor for the same pharmaceutical services." 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: Albert Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Dawkins Deal Dean Echols Edge English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks WEDNESDAY, MARCH 6, 1991 1395 Huggins Johnson Kidd Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Voting in the negative was Senator Egan. Those not voting were Senators: Collins Langford Shumake Steinberg On the passage of the bill, the yeas were 51, nays 1. The bill, having received the requisite constitutional majority, was passed by substitute. HB 97. By Representative Smith of the 78th: A bill to amend Code Section 44-14-3 of the Official Code of Georgia Annotated, relating to the furnishing of a cancellation of a deed to secure debt or other se curity instrument by a grantee upon the payment of such instrument, so as to change the civil penalty for the failure to supply a cancellation within the statu tory time limit. Senate Sponsor: Senator Pollard of the 24th. Senator Pollard of the 24th offered the following substitute to HB 97: A BILL To be entitled an Act to amend Code Section 44-14-3 of the Official Code of Georgia Annotated, relating to the furnishing of a cancellation of a deed to secure debt or other security instrument by a grantee upon the payment of such instrument, so as to provide that a satisfaction or cancellation of a deed to secure debt or other security interest shall be furnished to a grantor or to the clerk of the superior court; to provide for the return of the original cancellation or satisfaction document; to change the time limit in which to supply the grantor or the clerk of the superior court with a cancellation of a deed to secure debt or other security interest; to change the amount of damages for which the grantee is liable for the failure to supply a cancellation within the statutory time limit; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 44-14-3 of the Official Code of Georgia Annotated, relating to the furnishing of a cancellation of a deed to secure debt or other security instrument by a grantee upon the payment of such instrument, is amended by striking subsection (b) in its entirety and inserting in its place a new subsection (b) to read as follows: "(b) (1) Whenever the indebtedness secured by any instrument is paid in full, the grantee of the instrument, within 60 days of the date of the full payment, shall cause to be furnished to the grantor or to the clerk of the superior court of the county or counties in which the instrument is recorded a legally sufficient satisfaction or cancellation to authorize and direct the clerk or clerks to cancel the instrument of record. If the authorization for satisfaction or cancellation is furnished to the clerk of the superior court, the clerk shall return the original cancellation or satisfaction document to the person or party who fur- 1396 JOURNAL OF THE SENATE nished such authorization. In the case of a revolving loan account, the debt shall be consid ered to be 'paid in full' only when the entire indebtedness including accrued finance charges has been paid and the lender or debtor has notified the other party to the agreement in writing that he wishes to terminate the agreement pursuant to its terms. (2) Notwithstanding paragraph (1) of this subsection, if an attorney at law remits the pay-off balance of an instrument to a grantee on behalf of a grantor, the grantee may direct the clerk of the court to transmit to such attorney the original cancellation or satisfaction document. (3) A grantee shall be authorized to add to the pay-off amount the costs of recording a cancellation or satisfaction of an instrument." Section 2. Said Code section is further amended by striking subsection (c) in its entirety and inserting in its place a new subsection (c) to read as follows: "(c) Upon the failure of the grantee to transmit properly a legally sufficient satisfaction or cancellation as provided in this Code section, the grantee shall be liable to the grantor for the sum of $500.00 as liquidated damages and, in addition thereto, for such additional sums for any loss caused to the grantor plus reasonable attorney's fees. The grantee shall not be liable to the grantor if he demonstrates reasonable inability to comply with subsection (b) of this Code section; and the grantee shall not be liable to the grantor unless and until a writ ten demand for the transmittal is made." Section 3. This Act shall become effective on July 1, 1991, and shall be applicable to any written demand for the transmittal of a cancellation or satisfaction made pursuant to the provisions of Code Section 44-14-3 of the Official Code of Georgia Annotated occurring on or after July 1, 1991. Section 4. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted. The President announced that, pursuant to Senate Rule 143, consideration of HB 97 would be suspended and placed on the Senate General Calendar. HB 709. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Alford of the 57th: A bill to amend Chapter 9 of Title 12 of the Official Code of Georgia Annotated, "The Georgia Air Quality Act of 1978," so as to change provisions relating to fees charged as a condition of any permit required by the chapter. Senate Sponsor: Senator Robinson of the 16th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge English Foster Garner Gillis Hammill Harris Hasty Hill Hooks Huggins WEDNESDAY, MARCH 6, 1991 1397 Johnson Kidd Langford Marable MNeowyebill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey _Ray Robinson Scott Steinberg Tate Thompson Timmons Turner _T,ysm. ger Walker of 22nd Walker of 43rd White Those not voting were Senators: Bowen Egan Henson Olmstead Shumake Starr Taylor On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Garner of the 30th introduced the doctor of the day, Dr. Evan Gonzalez, of Temple, Georgia. 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 292. By Representative Reaves of the 147th: A bill to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to enact the "Equine Activities Immunity Act". Senate Sponsor: Senator Deal of the 49th. The Senate Committee on Agriculture offered the following substitute to HB 292: A BILL To be entitled an Act to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to provide for immunity for equine professionals engaged in equine activities; to provide for definitions; to provide for exceptions to immunity from liability; to provide for notice of immunity to certain persons; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 4 of the Official Code of Georgia Annotated, relating to animals, is amended by adding at the end thereof a new Chapter 12 to read as follows: "CHAPTER 12 4-12-1. The General Assembly recognizes that persons who participate in equine activi ties may incur injuries as a result of the risks involved in such activities. The General As sembly also finds that the state and its citizens derive numerous economic and personal benefits from such activities. The General Assembly finds, determines, and declares that this chapter is necessary for the immediate preservation of the public peace, health, and safety. It is, therefore, the intent of the General Assembly to encourage equine activities by limiting the civil liability of those involved in such activities. 4-12-2. As used in this chapter, the term: (1) 'Engages in an equine activity' means riding, training, providing or assisting in pro viding medical treatment of, driving, or being a passenger upon an equine, whether mounted 1398 JOURNAL OF THE SENATE or unmounted, or any person assisting a participant or show management. The term 'en gages in an equine activity' does not include being a spectator at an equine activity, except in cases where the spectator places himself in an unauthorized area and in immediate prox imity to the equine activity. (2) 'Equine' means a horse, pony, mule, donkey, or hinny. (3) 'Equine activity' means: (A) Equine shows, fairs, competitions, performances, or parades that involve any or all breeds of equines and any of the equine disciplines, including, but not limited to, dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, rodeos, driving, pulling, cutting, polo, steeplechasing, English and western performance rid ing, endurance trail riding and western games, and hunting; (B) Equine training or teaching activities, or both; (C) Boarding equines; (D) Riding, inspecting, or evaluating an equine belonging to another, whether or not the owner has received some monetary consideration or other thing of value for the use of the equine or is permitting a prospective purchaser of the equine to ride, inspect, or evaluate the equine; (E) Rides, trips, hunts, or other equine activities of any type however informal or im promptu that are sponsored by an equine activity sponsor; (F) Placing or replacing horseshoes on an equine; and (G) Examining or administering medical treatment to an equine by a veterinarian. (4) 'Equine activity sponsor' means an individual, group, club, partnership, or corpora tion, whether or not the sponsor is operating for profit or nonprofit, which sponsors, or ganizes, or provides the facilities for an equine activity, including, but not limited to, pony clubs; 4-H clubs; hunt clubs; riding clubs; school and college sponsored classes, programs, and activities; therapeutic riding programs; and operators, instructors, and promoters of equine facilities, including, but not limited to, stables, clubhouses, ponyride strings, fairs, and arenas at which the activity is held. (5) 'Equine professional' means a person engaged for compensation in: (A) Instructing a participant or renting to a participant an equine for the purpose of riding, driving, or being a passenger upon the equine; (B) Renting equipment or tack to a participant; or (C) Examining or administering medical treatment to an equine as a veterinarian. (6) 'Inherent risks of equine activities' means those dangers or conditions which are an integral part of equine activities, including, but not limited to: (A) The propensity of an equine to behave in ways that may result in injury, harm, or death to persons on or around them; (B) The unpredictability of an equine's reaction to such things as sounds, sudden move ment, and unfamiliar objects, persons, or other animals; (C) Certain hazards such as surface and subsurface conditions; (D) Collisions with other equines or objects; and (E) The potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within his or her ability. (7) 'Participant' means any person, whether amateur or professional, who engages in an equine activity, whether or not a fee is paid to participate in the equine activity. 4-12-3. (a) Except as provided in subsection (b) of this Code section, an equine activity WEDNESDAY, MARCH 6, 1991 1399 sponsor, an equine professional, or any other person, which shall include a corporation or partnership, shall not be liable for an injury to or the death of a participant resulting from the inherent risks of equine activities and, except as provided in subsection (b) of this Code section, no participant or participant's representative shall make any claim against, main tain an action against, or recover from an equine activity sponsor, an equine professional, or any other person for injury, loss, damage, or death of the participant resulting from any of the inherent risks of equine activities. (b) Nothing in subsection (a) of this Code section shall prevent or limit the liability of an equine activity sponsor, an equine professional, or any other person if the equine activity sponsor, equine professional, or person: (1) (A) Provided the equipment or tack, and knew or should have known that the equipment or tack was faulty, and such equipment or tack was faulty to the extent that it did cause the injury. (B) Provided the equine and failed to make reasonable and prudent efforts to deter mine the ability of the participant to engage safely in the equine activity and to safely manage the particular equine based on the participant's representations of his ability; (2) Owns, leases, rents, or otherwise is in lawful possession and control of the land or facilities upon which the participant sustained injuries because of a dangerous latent condi tion which was known to the equine activity sponsor, equine professional, or person and for which warning signs have not been conspicuously posted; (3) Commits an act or omission that constitutes willful or wanton disregard for the safety of the participant, and that act or omission caused the injury; or (4) Intentionally injures the participant. (c) Nothing in subsection (a) of this Code section shall prevent or limit the liability of an equine activity sponsor or an equine professional under liability provisions as set forth in the products liability laws. 4-12-4. (a) Every equine professional and every equine activity sponsor shall post and maintain signs which contain the warning notice specified in subsection (b) of this Code section. Such signs shall be placed in a clearly visible location on or near stables, corrals, or arenas where the equine professional or the equine activity sponsor conducts equine activi ties. The warning notice specified in subsection (b) of this Code section shall appear on the sign in black letters, with each letter to be a minimum of one inch in height. Every written contract entered into by an equine professional or by an equine activity sponsor for the providing of professional services, instruction, or the rental of equipment or tack or an equine to a participant, whether or not the contract involves equine activities on or off the location or site of the equine professional's or the equine activity sponsor's business, shall contain in clearly readable print the warning notice specified in subsection (b) of this Code section. (b) The signs and contracts described in subsection (a) of this Code section shall con tain the following warning notice: WARNING Under Georgia law, an equine activity sponsor or equine professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to Chapter 12 of Title 4 of the Official Code of Georgia Annotated. (c) Failure to comply with the requirements concerning warning signs and notices pro vided in this Code section shall prevent an equine activity sponsor or equine professional from invoking the privileges of immunity provided by this chapter." Section 2. This Act shall apply only to causes of action filed on or after July 1, 1991. Section 3. All laws and parts of laws in conflict with this Act are repealed. 1400 JOURNAL OF THE SENATE 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 Alien Baldwin Bishop Bowen Broun urton ^Cn oI,ly,e.man OOllinS DpwUns J5 ean Echols Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks JHouhg&ngfs" ionns TT--JJ Kldd Langford Marable Mye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Robinson Scott Shumake Starr Steinberg mx Tate Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Edge Olmstead Ramsey Taylor On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. HB 272. By Representative Pettit of the 19th: A bill to amend Chapter 11 of Title 25 of the Official Code of Georgia Annotated, known as the "Georgia Fire Sprinkler Act," so as to change the definition of the terms "fire protection sprinkler system" and "water-spray system"; to provide that the installation or repair of any underground facilities or piping which con nects to and furnishes water for the fire protection sprinkler system or waterspray system shall be performed only by a utility contractor or fire protection sprinkler contractor. Senate Sponsor: Senator Hammill of the 3rd. The Senate Committee on Youth, Aging, and Human Ecology offered the following sub stitute to HB 272: A BILL To be entitled an Act to amend Chapter 11 of Title 25 of the Official Code of Georgia Annotated, known as the "Georgia Fire Sprinkler Act," so as to provide that the installation or repair of any underground facilities or piping which connects to and furnishes water for the fire protection sprinkler system or water-spray system shall be performed only by a WEDNESDAY, MARCH 6, 1991 1401 utility contractor, certified fire protection sprinkler contractor, or licensed plumber; to pro vide that under certain conditions a utility contractor performing such installation or repair of any underground facilities or piping which connects to and furnishes water for the fire protection sprinkler system or water-spray system shall be required to have a valid license issued under Chapter 14 of Title 43; to provide that the utility contractor shall be responsi ble for the installation of facilities which provide an adequate flow of water to the fire pro tection sprinkler system or water-spray system; 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. Chapter 11 of Title 25 of the Official Code of Georgia Annotated, known as the "Georgia Fire Sprinkler Act," is amended by striking in its entirety Code Section 25-117, relating to proof of contractor's competency as requirement for license or building permit, and inserting in lieu thereof a new Code Section 25-11-7 to read as follows: "25-11-7. (a) The installation or repair of any underground facilities or piping which connects to and furnishes water for the fire protection sprinkler system or water-spray sys tem shall be performed only by a utility contractor, certified fire protection sprinkler con tractor, or licensed plumber; provided, however, that after utility contractors are required to be licensed under Chapter 14 of Title 43, the utility contractor performing such installation or repair work shall be required to have a valid license issued under Chapter 14 of Title 43. The utility contractor shall be responsible for the installation of proper underground facili ties and piping which provide an adequate flow of water from the fire protection water sup ply to the fire protection sprinkler system or water-spray system. (b) Before any local building official shall issue any license or building permit which authorizes the construction of any building or structure containing a fire protection sprin kler system or water-spray system, such local official shall require a copy of a valid certifi cate of competency from the fire protection sprinkler contractor. The fire protection sprin kler contractor shall be required to pay any fees normally imposed for local licenses or permits, but the local official shall impose no requirements on the fire protection sprinkler contractor to prove competency other than proper evidence of a valid certificate of competency. (c) Nothing in this chapter limits the power of a municipality, county, or the state to require the submission and approval of plans and specifications or to regulate the quality and character of work performed by contractors through a system of permits, fees, and in spections otherwise authorized by law for the protection of the public health and safety." 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. Senators Garner of the 30th and Kidd of the 25th offered the following amendment: Amend the substitute to HB 272 offered by the Senate Committee on Youth, Aging and Human Ecology by inserting on line 1 of page 1 after the word "To" the following: "amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fire and other hazards, so as to require that nursing homes be equipped with certain sprinkler systems; to". By inserting between lines 18 and 19 of page 1 the following: "Section 1. Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fire and other hazards, is amended by adding at the end a new Code section to read as follows: '25-2-41. On and after July 1, 1993, every institution classified as a nursing home by the Department of Human Resources pursuant to Article 1 of Chapter 7 of Title 31 shall be 1402 JOURNAL OF THE SENATE equipped with an automatic fire suppression sprinkler system which meets the standards therefor adopted by the Commissioner.' Section 2. Said chapter is further amended by adding a new Code Section 25-2-42 to read as follows: '25-2-42. Any existing nursing home which is enrolled as a provider in the Medicaid program established under Title XIX of the federal Social Security Act of 1935, as amended, which installs a sprinkler system may be reimbursed by the Department of Medi cal Assistance for the reasonable costs of equipping the facility with a sprinkler system. Such reimbursement shall be made by the Department of Medical Assistance within a rea sonable time after receipt of evidence that a sprinkler system has, in fact, been installed. The Department of Medical Assistance shall consider the size, location, and construction of a facility in determining whether the costs submitted by the nursing home provider are reasonable. Further, reimbursement to nursing home providers shall be calculated by a formula which apportions the reasonable costs of installing a sprinkler system between Medicaid recipients and other residents of the nursing home.' " On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted. On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Olmstead Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Robinson Scott Starr Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd White Those not voting were Senators: Bowen Langford Perdue Ramsey Shumake Steinberg Walker of 43rd On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. WEDNESDAY, MARCH 6, 1991 1403 HB 706. By Representatives Balkcom of the 140th, Meadows of the 91st, Moultrie of the 93rd and McKelvey of the 15th: A bill to amend Code Section 12-3-10 of the Official Code of Georgia Annotated, relating to prohibited acts within parks, historic sites, and recreational areas, so as to make parking of vehicles in certain places unlawful. 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 Alien Baldwin Bishop Broun Burton y DDaeawl kins Dean Echols Edge Egan English Foster Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Kldd Langford Marable Newbill Olmstead Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Robinson Scott Starr Steinberg Taylor Thompson Timmons Turner Tysinger Walker of 43rd White Those not voting were Senators: Bowen Garner Moye Perdue Ramsey Shumake Walker of 22nd On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed. HR 286. By Representatives Smith of the 152nd, Coleman of the 118th, Benefield of the 72nd and others: A resolution endorsing Amtrak's proposed resumption of passenger rail service between Chicago and Florida with extensive service through Georgia. Senate Sponsor: Senator Coleman of the 1st. The Senate Committee on Transportation offered the following amendment: Amend HR 286 by inserting on line 19 of page 2 between the word and symbol "Rome," and the word "Atlanta" the following: "Rockmart,". 1404 JOURNAL OF THE SENATE 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 adoption of the resolution as amended, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Broun Burton Clay Coleman Collins DDeeaaln Echols Edge Egan English Foster Garner Gillis Harris Hasty Henson Hill Hooks Huggms Kidd Langford MMoayraeble Newbill Olmstead Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake gtarr g. . , T iT,a8vl,or Thompson Timmons Turner Tysinger Walker of 22nd White Those not voting were Senators: Bowen Dawkins Hammill Johnson Phillips Walker of 43rd On the adoption of the resolution, the yeas were 50, nays 0. The resolution, having received the requisite constitutional majority, was adopted as amended. HB 465. By Representatives Breedlove of the 60th, Jackson of the 9th, Lawson of the 9th and others: A bill to amend Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bonds or other security required for public works contracts, so as to provide for the forfeiture of a bid bond, proposal guaranty, or other security in certain cases involving bids by affiliated corporations. Senate Sponsor: Senator Clay of the 37th. The Senate Committee on Insurance and Labor offered the following substitute to HB 465: A BILL To be entitled an Act to amend Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bonds or other security required for public works contracts, so as to provide for the forfeiture of a bid bond, proposal guaranty, or other security in certain cases involving bids by affiliated corporations; to provide that any bid bond, performance bond, or payment bond required under said Code section shall be approved as to form and as to the solvency of the surety by the officer of the state, county, municipal corporation, or public WEDNESDAY, MARCH 6, 1991 1405 board or body who negotiates the contract on behalf of such public entity; to provide for a definition; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bonds or other security required for public works contracts, is amended by adding at the end thereof two new subsections, to be designated subsections (e) and (f), to read as follows: "(e) (1) As used in this subsection the term 'affiliated corporation' means with respect to any corporation any other corporation related thereto: as a parent corporation; as a sub sidiary corporation; as a sister corporation; by common ownership or control; or by control of one corporation by the other. For purposes of this subsection a corporation shall include a person or a company. (2) In any case where two or more affiliated corporations bid for a contract under this Code section and any one or more of such affiliated corporations subsequently rescind or revoke their bid or bids in favor of another such affiliated corporation whose bid is for a higher amount and the contract is awarded at such higher amount to such other affiliated corporation, then the bid bond, proposal guaranty, or other security otherwise required under this Code section of each affiliated corporation rescinding or revoking its bid shall be forfeited. (f) Any bid bond, performance bond, or payment bond required by this Code section shall be approved as to form and as to the solvency of the surety by the officer of the state, county, municipal corporation, or public board or body who negotiates the contract on be half of the public entity. Said approval shall be obtained prior to the bid being accepted." Section 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 40, nays 2, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun B;"4011 Clay CCoollleimnsan Deal Dean Echols Edge Egan English Foster Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson LKaidndgford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey pjav Robinson Scott Shumake ot 0St, em. b, erg late Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White 1406 JOURNAL OF THE SENATE Those not voting were Senators: Dawkins Garner Taylor On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. HB 413. By Representatives Dover of the llth, Godbee of the 110th and Royal of the 144th: A bill to amend Article 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current income tax payment, so as to change certain provi sions regarding the filing of monthly and quarterly returns. Senate Sponsor: Senator Starr of the 44th. The Senate Committee on Finance and Public Utilities offered the following substitute to HB 413: A BILL To be entitled an Act to amend Article 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current income tax payment, so as to change certain provi sions regarding the filing of monthly and quarterly returns; to change certain provisions regarding quarterly adjustments for incorrect withholdings or payments; to change certain provisions regarding assessable penalties and interest; 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 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current income tax payment, is amended by striking Code Section 48-7-103, re lating to quarterly returns, which reads as follows: "48-7-103. (a) Quarterly returns. (1) Every employer required to deduct and withhold any tax under this article and every person who deducts and withholds any amount from any wage payments under the authority of this article shall: (A) Make a calendar quarterly return to the commissioner on a form prescribed by the commissioner; and (B) Pay with the required return the tax required to be paid under this article for the calendar quarter or pay the amount withheld from employees' wages during the calendar quarter under the authority of this article. (2) Except as otherwise provided in subsection (c) of this Code section, the quarterly return and the payment of the required tax shall be due on the last day of the month following the close of the calendar quarter. No calendar quarterly return shall be due and no tax owed or withheld shall be paid under this subsection for any or all of the first three calendar quarters of the calendar year until the tax required to be paid or the amount with held from employees' wages for the calendar quarter or quarters equals or exceeds $50.00 or until the fourth calendar quarterly return is due, whichever occurs first. (b) Jeopardy returns. If the commissioner has reason to believe that the collection of the tax required to be paid under this article is in jeopardy for any reason, he may require the employer to make a return and pay the required tax at any time. (c) Payment of taxes withheld. If the monthly amount of taxes deducted and withheld or which should be deducted and withheld exceeds $200.00, the tax is due and shall be paid to the commissioner on the fifteenth day of the following month. Payments due on April 15, July 15, October 15, and January 15 shall be due on the last day of the month. WEDNESDAY, MARCH 6, 1991 1407 (d) Estimated payments. The commissioner may permit employers to make estimated payments of taxes withheld. (e) Credits against liability on quarterly return. Amounts paid under subsections (c) and (d) of this Code section shall be included in the quarterly return for the calendar quar ter which includes the month for which the payments are made and the payments shall be credited against the amount shown to be due on the quarterly return.", and inserting in its place a new Code Section 48-7-103 to read as follows: "48-7-103. (a) Quarterly returns. Every employer whose tax withheld or required to be withheld is $200.00 or less per month is required to file and remit payment to the depart ment on Form G-l on or before the last day of the month following the end of the quarter. (b) Monthly returns. Every employer whose tax withheld or required to be withheld exceeds $200.00 per month is required to file and remit payment to the department on Form G-6 on or before the fifteenth day of the following month. (c) Jeopardy returns. If the commissioner has reason to believe that the collection of the tax required to be paid under this article is in jeopardy for any reason, he may require the employer to make a return and pay the required tax at any time." Section 2. Said article is further amended by striking Code Section 48-7-104, relating to quarterly adjustments, and inserting in its place a new Code Section 48-7-104 to read as follows: "48-7-104. (a) In general. If for any reason during any quarter of the calendar year more or less than the correct amount of the tax is withheld or more or less than the correct amount of the tax is paid to the commissioner, proper adjustment without interest may be made in any subsequent period. No adjustment under this Code section shall be made with respect to an underpayment for any period after receipt from the commissioner of notice and demand for payment of the amount of the underpayment based upon an assessment. The amount of the underpayment shall be paid in accordance with the notice and demand. No adjustment under this Code section shall be made with respect to an erroneous payment or overpayment for any period after the filing of a claim for refund of the payment. (b) Less than correct amount of tax withheld. (1) If no tax or less than the correct amount of the tax is deducted from any wage payment and the error is ascertained prior to the filing of the return for the period in which the wages are paid, the employer shall report on the return and pay to the commissioner the correct amount of the tax required to be withheld. If the error is not ascertained until after the filing of the return for the period in which the wages are paid, the undercollection may be corrected by an adjustment on the return for any subsequent period of the same calendar year subject to the limitations noted in subsection (a) of this Code section. The amount of any undercollection adjusted in accordance with this paragraph shall be paid to the commis sioner without interest at the time prescribed for payment of the tax for the period in which the adjustment is made. (2) If no tax or less than the correct amount of the tax is withheld from any wage payment, the employer may correct the error by deducting the amount of the undercollec tion from any remuneration of the employee under the employer's control after the em ployer ascertains the error. The deduction may be made even though the remuneration, for any reason, does not constitute wages. (c) More than correct amount of tax withheld. (1) If in any period more than the correct amount of tax is deducted from any wage payment, the overcollection may be paid to the employee in any period of the same calendar year. If the amount of the overcollection is so paid, the employer shall obtain and keep as part of his records the endorsed canceled check or written receipt of the employee showing the date and amount of the payment. (2) If any overcollection in any period is paid to and receipted for by the employee prior 1408 JOURNAL OF THE SENATE to the time the return for the period is filed with the commissioner, the amount of the overcollection shall not be included in the return for that period. (3) Subject to the limitations provided in subsection (a) of this Code section, if an overcollection in any period is paid to and receipted for by the employee after the return for the period is filed and the tax is paid to the commissioner, the overcollection may be cor rected by an adjustment on the return for any subsequent period of the same calendar year. (4) Every overcollection not paid to and receipted for by the employee as provided in this subsection must be reported and paid to the commissioner with the return for the pe riod in which the overcollection is made." Section 3. Said article is further amended by striking subsection (c) of Code Section 487-126, relating to assessable penalties and interest, and inserting in its place a new subsec tion (c) to read as follows: "(c) Failure to file employer return or pay tax. If an employer fails to file within the prescribed time a return required under this article or fails to pay when due the tax re quired under this article, or both, unless it is shown that the failure is due to reasonable cause and not to willful neglect, there shall be assessed a penalty of $25.00 against any employer for each such failure plus 5 percent of the amount of the tax if the failure is for not more than one month and an additional 5 percent for each additional month or fraction of a month during which the failure continues. The penalty shall not exceed $25.00 plus 25 percent in the aggregate of the tax and in no event shall the penalty be less than $25.00. If any check or money order in payment of any amount is not paid when duly presented for payment, it shall constitute a failure to pay under this subsection." Section 4. This Act shall become effective January 1, 1992, and shall be applicable to all taxable years beginning on or after that date. Section 5. All laws and parts of laws in conflict with this Act are repealed. Senator Starr of the 44th offered the following amendment: Amend the substitute to HB 413 offered by the Senate Committee on Finance and Public Utilities by striking "quarter" from line 26 of page 3 and inserting in its place "period". By striking from lines 30 and 31 of page 3 the following: "period.", and inserting in its place the following: "period of the same calendar year." On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted. On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Clay Coleman WEDNESDAY, MARCH 6, 1991 1409 Collins Dawkins Deal Dean Echols Egan English Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Edge Foster Garner Olmstead Ragan of 32nd On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. HB 399. By Representatives Oliver of the 53rd, Felton of the 22nd, Sinkfield of the 37th and others: A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children, so as to create the Georgia Child Care Council and provide for its duties and composition. Senate Sponsors: Senators Scott of the 36th and Steinberg of the 42nd. The Senate Committee on Youth, Aging and Human Ecology offered the following sub stitute to HB 399: A BILL To be entitled an Act to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children, so as to create the Georgia Child Care Council and provide for its duties and composition; to provide for the council members' appointment, confirmation, qualifications, terms, removal, oaths, vacancies, and compensation; to provide for the organization, meetings, and quorum of the council; to pro vide for a director of the council and the duties thereof; to provide for funding and adminis trative matters; to provide for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children, is amended by adding at the end a new article to read as follows: "ARTICLE 11 49-5-240. As used in this article, the term: (1) 'Council' means the Georgia Child Care Council created pursuant to Code Section 49-5-241. (2) 'Federal Act' means the 'Child Care and Development Block Grant Act of 1990,' 1410 JOURNAL OF THE SENATE pursuant to amendments to Chapter 8 of subtitle A of Title IV of the Omnibus Budget Reconciliation Act of 1981 (P.L. 97-35). 49-5-241. (a) There is created the Georgia Child Care Council which shall consist of 19 members. Thirteen of those members shall be voting members appointed by the Governor and confirmed by the Senate, and two shall be voting members appointed as provided in paragraph (10) of this subsection. The fifteen voting members shall be appointed as follows: (1) Two members shall be representatives of local or state chambers of commerce; (2) One member shall be a representative of the licensed or commissioned for profit child care businesses in the state; (3) One member shall be a representative of the licensed or commissioned not for profit child care businesses in the state; (4) Four members shall be consumers of child care services or persons whose children are regularly placed in child care but who have no other business connection with any child care facility or business and at least one of them shall represent the interests of children with special needs and one shall represent the interests of school age children; (5) One member shall represent registered family day-care homes, as defined in Code Section 49-5-3; (6) One member shall represent licensed or commissioned church or synagogue day-care centers; (7) One member shall be an expert or have special academic or research responsibilities in early childhood development; (8) One member shall represent a child care resource and referral agency; (9) One member shall represent a Head Start organization; and (10) Two members shall represent the general public and shall be appointed by the President of the Senate and the Speaker of the House. The remaining four nonvoting members shall be the State School Superintendent, the Com missioner of Labor, the commissioner of human resources, and the commissioner of indus try, trade, and tourism, or the designee of the School Superintendent, the Commissioner of Labor, the commissioner of human resources, and the commissioner of industry, trade, and tourism, all of whom shall be ex officio members. (b) The ex officio members of the council shall serve while holding their state offices. The appointive members shall serve for a term which expires June 30, 1994. (c) Vacancies in the office of any appointive member of the council shall be filled for the remainder of the unexpired term by appointment by the Governor in the same manner as the appointment to the position on the council which becomes vacant, and the appointment shall be submitted to the Senate for confirmation at the next regular session of the General Assembly. (d) The Governor may remove any appointive member of the council for failure to at tend meetings, neglect of duty, or incompetence. (e) Any appointive member of the council who, during such person's term of office, ceases to meet the qualifications for the original appointment or does not attend three or more successive meetings of the council shall forfeit such person's membership on the council. (f) Each member of the council shall take an oath of office before the Governor that he or she will faithfully perform the duties of office. 49-5-242. (a) The Governor shall annually appoint a chairman and vice chairman of the council to serve for one-year terms. (b) The council shall hold regular meetings at least once every calendar quarter and WEDNESDAY, MARCH 6, 1991 1411 may not hold more than six regular or special meetings during any calendar year. A special meeting may be called by the chairman or a majority of the members of the council. The council shall meet at such times and at such designated places in the state as it may determine. (c) Nine members of the council shall constitute a quorum. (d) The appointive members of the council shall receive the same allowances authorized for legislative members of interim legislative committees for each day of actual attendance at official meetings of the council. Ex officio members of the council shall receive no addi tional compensation for their services on the council but shall be reimbursed for expenses incurred by them in their performance of their duties as members of the council in the same manner as state employees are reimbursed for expenses. 49-5-243. There shall be a director of the council who shall be both appointed and re moved by the council subject to approval by the Governor. Subject to the general policy established by the council, the director shall supervise, direct, account for, organize, plan, administer, and execute the functions of the council. The council shall be attached to the Department of Human Resources for administrative purposes only, as provided in Code Section 50-4-3. Costs incurred by the council shall be funded by monies available under the federal act. 49-5-244. The council shall recommend measures to improve the quality, availability, and affordability of child care in this state. In addition, the council shall: (1) Provide a mechanism for the planning and coordination of child care programs among the agencies of the state and local levels; (2) Inventory and monitor the disbursement and make recommendations as to the coor dination of the disbursement of all state and federal funding streams that impact the sup ply, quality, and affordability of child care; (3) Develop an annual Georgia child care plan which includes all identified revenue sources and, at a minimum, the requirements indicated in the federal act; (4) Develop an annual Georgia report on child care, reporting child care statistics, an evaluation of the state planning process, and at a minimum meeting the reporting require ments of the federal act; (5) Hold at least one annual public hearing on child care needs; (6) Serve as the state clearing-house for information on child care resources and statistics; (7) Provide child care information to corporations and business seeking to locate in Georgia; (8) Promote public-private sector collaboration for child care; (9) Recommend to the Governor and to the General Assembly policies, legislation, and funding that will promote the work of the council and the realization of the Georgia child care plan to promote quality, affordable, and accessible child care for Georgia's children; (10) Develop requests for proposals, in accordance with the Georgia child care plan, for federal block grant funds available to Georgia under the federal act; (11) Promote consumer education to parents to help them select child care including the expansion of child care resource and referral agencies; and (12) Monitor, review, and recommend improvements to child care licensing requirements." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. This Act shall be automatically repealed July 1, 1994. 1412 JOURNAL OF THE SENATE 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 Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Steinberg Tate Taylor Thompson Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Garner Starr Timmons On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. The following local bill of the Senate was taken up for the purpose of considering the House action thereon: SB 321. By Senator Kidd of the 25th: A bill to amend an Act creating and establishing a new charter for the City of Eatonton, as amended, so as to change the corporate limits of the city. Senator Kidd of the 25th moved that the Senate adhere to its disagreement to the House substitute to SB 321, and that a Conference Committee be appointed. On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 321. The President appointed as a Conference Committee on the part of the Senate the following: Senators Kidd of the 25th, Walker of the 43rd and Olmstead of the 26th. WEDNESDAY, MARCH 6, 1991 1413 Senator Deal of the 49th, President Pro Tempore, assumed the Chair. The following general resolution of the House, having been read the third time on Feb ruary 27 and postponed until February 28, 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 80. By Representatives Colwell of the 4th and Twiggs of the 4th: A resolution authorizing the grant of a nonexclusive easement for the construc tion, operation, and maintenance of an underground audio transmission cable in, on, over, under, upon, across, or through property owned by the State of Georgia in Fannin County and Gilmer County, Georgia. The substitute to HR 80 offered by Senators Hasty of the 51st and Coleman of the 1st on February 28 as it appears in the Journal of February 28, was automatically reconsidered and put upon its adoption. On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the adoption of the resolution, was agreed to by substitute. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun urton :;lav CCDoawlfhmknisanns Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson TLKaidndgf,ord, Marable Move Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr rTSrtaet,ienberg6 Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Not voting was Senator Deal (presiding). On the adoption of the resolution, the yeas were 55, nays 0. The resolution, having received the requisite constitutional majority, was adopted by substitute. 1414 JOURNAL OF THE SENATE 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 70. By Representatives Thomas of the 69th and Groover of the 99th: 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. Senate Sponsor: Senator Baldwin of the 29th. The Senate Committee on Judiciary offered the following substitute to HB 70: A BILL To be entitled an Act to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases in which 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 damages in which the judgment is $5,000.00 or less shall be taken as provided in such Code section; to provide for applicability; 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 5-6-35 of the Official Code of Georgia Annotated, relating to cases in which an application for an appeal is required, is amended by striking paragraph (6) of subsection (a) and inserting in lieu thereof a new paragraph (6) to read as follows: "(6) Appeals in all actions for damages in which the judgment is $5,000.00 or less;". Section 2. This Act shall apply to all appeals filed or presented for filing on or after 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. 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 Alien Baldwin Bishop Bowen Burton Clay Coleman Collins Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Steinberg WEDNESDAY, MARCH 6, 1991 1415 Taylor Thompson Timmons Tysinger Walker of 43rd White Voting in the negative was Senator Newbill. Those not voting were Senators: Broun Dawkins Deal (presiding) Starr Tate Turner Walker of 22nd On the passage of the bill, the yeas were 48, nays 1. The bill, having received the requisite constitutional majority, was passed by substitute. HR 290. By Representatives Smyre of the 92nd, McKelvey of the 15th, Griffin of the 6th and others: A resolution creating the Joint Workers' Compensation Task Force. Senate Sponsor: Senator Pollard of the 24th. Senators Collins of the 17th and Pollard of the 24th offered the following amendment: Amend HR 290 by striking the figure "14" on line 3 of page 2 and inserting in lieu thereof the figure "16". By inserting on line 8 of page 2 immediately following the word "Governor" the following: ", two members shall be representatives of industry appointed by the Governor,". By inserting on line 16 of page 2 immediately preceding the words "The Governor" the following: "Two members shall be representatives of industry, one of whom shall be the director of the Georgia Forestry Association or his designee and one of whom shall be the director of the Georgia Motor Trucking Association or his designee." 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: Albert Alien Baldwin BishP Brol^ Barton C l ay Collins Echols Edge English Gillis Hammill Harris HiU Hooks Kidd Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ray Shumake Taylor Timmons Turner White Those voting in the negative were Senators: Dean Egan Foster Garner Hasty Henson Huggins Johnson Langford 1416 JOURNAL OF THE SENATE Marable Moye Ragan of 32nd Ramsey Robinson Scott Starr Tate Tysinger Walker of 43rd Those not voting were Senators: Coleman Dawkins Deal (presiding) Steinberg Thompson Walker of 22nd On the adoption of the amendment, the yeas were 31, nays 19, 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 Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dean Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ramsey Ray Robinson Scott Shumake Starr Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Dawkins Deal (presiding) Echols Ragan of 32nd Steinberg On the adoption of the resolution, the yeas were 51, nays 0. The resolution, having received the requisite constitutional majority, was adopted as amended. HB 546. By Representatives Childers of the 15th and Barnett of the 10th: A bill to amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning, so as to change the provisions whereby certain revocation orders of the Department of Human Resources will operate to revoke automatically a health care facility's certificate of need or authorization to operate. Senate Sponsor: Senator Olmstead of the 26th. WEDNESDAY, MARCH 6, 1991 1417 The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Broun Burton Clay Coleman Collins Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Huggins Johnson Kidd Langford Marable Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Bowen Dawkins Deal (presiding) Hooks Moye On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 804. By Representative Lane of the 27th: A bill to amend Article 3 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia State Games Commission, so as to change the provisions relating to membership of the commission. 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 Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan English Foster Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Newbill 1418 JOURNAL OF THE SENATE Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Steinberg Tate Thompson Timmons Turner _, . Tysmger Walker of 22nd Walker of 43rd Those not voting were Senators: Deal (presiding) Garner Moye Starr Taylor White On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 607. By Representative Lane of the 27th: A bill to amend an Act authorizing municipal corporations in this state having a population of more than 400,000 according to the last or any future federal de cennial census, to become self-insurers under the provisions of the law relating to the purchase of insurance covering injuries resulting from the governmental own ership of motor vehicles, so as to change the population figures. Senate Sponsors: Senators Harris of the 27th and Scott of the 36th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan English Foster Gillis Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Deal (presiding) Garner Hammill Phillips Shumake On the passage of the bill, the yeas were 51, nays 0. WEDNESDAY, MARCH 6, 1991 1419 The bill, having received the requisite constitutional majority, was passed. HB 5. By Representative Childers of the 15th: A bill to amend Code Section 31-11-30 of the Official Code of Georgia Annotated, relating to license requirements for an ambulance service, so as to provide that no person shall make use of the word "ambulance" or otherwise hold oneself out to be an ambulance service without having a valid license. Senate Sponsor: Senator Olmstead of the 26th. The Senate Committee on Health and Human Services offered the following substitute to HB 5: A BILL To be entitled an Act to amend Code Section 31-11-30 of the Official Code of Georgia Annotated, relating to license requirements for an ambulance service, so as to prevent cer tain persons from making use of the word "ambulance" or otherwise holding themselves out to be an ambulance service without having a valid license; to provide for penalties; to pro vide that paramedics and cardiac technicians shall be certified in advanced cardiac life sup port and provide for revocation and reinstatement of their certificates; to provide for appli cability; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 31-11-30 of the Official Code of Georgia Annotated, relating to license requirements for an ambulance service, is amended by striking said Code section in its entirety and inserting in its place a new Code Section 31-11-30 to read as follows: "31-11-30. (a) No person shall operate an ambulance service in this state without hav ing a valid license or provisional license issued by the license officer pursuant to this chapter. (b) No person shall make use of the word 'ambulance' to describe any ground transpor tation or facility or service associated therewith which such person provides or to otherwise hold oneself out to be an ambulance service unless such person has a valid license issued pursuant to the provisions of this chapter or is exempt from licensing under this chapter. (c) Any person who violates the provisions of this Code section shall be guilty of a misdemeanor." Section 2. Said chapter is further amended by adding at the end of Code Section 31-1158, relating to recertification standards, a new subsection to read as follows: "(h) In addition to the other requirements of this Code section, each paramedic and each cardiac technician, no later than December 31 of each year, shall furnish evidence sat isfactory to the composite board that such person is currently certified in advanced cardiac life support; and, upon failure to do so, such person's certificate issued under this chapter shall be revoked under the procedures of Code Section 31-11-57. A certificate so revoked may be reinstated upon the holder's furnishing evidence satisfactory to the composite board that such person is currently certified in advanced cardiac life support." 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 Olmstead of the 26th offered the following amendment: 1420 JOURNAL OF THE SENATE Amend the substitute to HB 5 offered by the Senate Committee on Health and Human Services by striking lines 1 through 3 of page 1 and inserting in their places the following: "To amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to prevent certain persons from" By striking lines 13 through 16 of page 1 and inserting in their places the following: "Section 1. Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, is amended by striking Code Section 31-11-30, relating to li cense requirements for an ambulance service, and inserting in its place a new" On the adoption of the amendment, the yeas were 34, 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 Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dean Echols Foster Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Dawkins Deal (presiding) Edge Egan English Garner On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. HR 349. By Representative Poag of the 3rd: A resolution designating the Woody Glenn Highway. Senate Sponsor: Senator Ramsey of the 54th. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. WEDNESDAY, MARCH 6, 1991 1421 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 Alien Baldwin Bishop Bowen Broun Burton XT XCEcohlflo.mmlssa" E(jge Egan English Foster Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd L,,p,aanrag6bf,ol.erd Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr SmTtaet^ienberg Thompson Timmons Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Dawkins Deal (presiding) Dean Garner Olmstead Taylor Turner On the adoption of the resolution, the yeas were 49, nays 0. The resolution, having received the requisite constitutional majority, was adopted. The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption: SR 225. By Senators Ray of the 19th, Kidd of the 25th and Garner of the 30th: A resolution urging the governing authorities of counties and municipalities in this state to improve the retirement and pension systems of local law enforce ment officers. 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 Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dean Echols Edge Egan Foster Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead 1422 JOURNAL OF THE SENATE Perdue Perry Phillips PRoalglaarndoflOth Ragan of 32nd Ramsey Ray Robinson Starr STtaetienberg Taylor Thompson Timmons Turner Tysinger W.al..ker of, 22nd, Walker of 43rd White Those not voting were Senators: Dawkins Deal (presiding) English Garner Scott Shumake On the adoption of the resolution, the yeas were 50, nays 0. The resolution, having received the requisite constitutional majority, was adopted. The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage: HB 264. By Representative Twiggs of the 4th: A bill to amend Part 1 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to the equalization of assessments of property for ad valorem tax purposes, so as to provide that county property appraisal staff and members of county boards of tax assessors may go upon property outside of buildings to carry out the duty of making appraisals of the fair market value of taxable property. 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 Alien Baldwin Bishop Bowen Broun Burton Clay Coleman DDaewankins Echols Edge Egan English Foster Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Kidd Langford MMoayraeble Olmstead Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate T, T*h*oym pson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Voting in the negative was Senator Newbill. WEDNESDAY, MARCH 6, 1991 1423 Those not voting were Senators: Collins Deal (presiding) Garner (excused conferee) Johnson (excused conferee) Phillips On the passage of the bill, the yeas were 50, nays 1. The bill, having received the requisite constitutional majority, was passed. HB 96. By Representative Kingston of the 125th: A bill to amend Code Section 30-4-1 of the Official Code of Georgia Annotated, relating to the rights of visually handicapped and deaf persons, so as to provide that physically disabled persons shall have the right to be accompanied by a ser vice dog. Senate Sponsor: Senator Scott of the 36th. The Senate Committee on Youth, Aging and Human Ecology offered the following amendment: Amend HB 96 by striking from lines 6 and 7 of page 1 the following: "be capable of being identified as being from a recognized seeing eye", and inserting in lieu thereof the following: "be identified as having been trained by a seeing eye". By striking from line 27 of page 1 the following: "capable of being properly". By striking from line 1 of page 2 the following: "being from a recognized", and inserting in lieu thereof the following: "having been trained by a". On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill 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 Alien Baldwin Bishop Broun Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan English Foster Gillis Hammill Harris Hasty Henson Hill Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray 1424 JOURNAL OF THE SENATE Robinson Scott Shumake Steinberg Tate Taylor Thompson Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Bowen Deal (presiding) Garner Hooks Perdue Phillips Starr Timmons Turner On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. Senator Walker of the 43rd moved that the Senate do now adjourn until 9:15 o'clock A.M. tomorrow, and the motion prevailed. At 12:31 o'clock P.M., Senator Deal of the 49th, President Pro Tempore, who was pre siding, announced the Senate adjourned until 9:15 o'clock A.M. tomorrow. THURSDAY, MARCH 7, 1991 1425 Senate Chamber, Atlanta, Georgia Thursday, March 7, 1991 Thirty-fifth Legislative Day The Senate met pursuant to adjournment at 9:15 o'clock A.M. today and was called to order by the President. Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House and Senate: HB 826. By Representatives Felton of the 22nd and Campbell of the 23rd: A bill to amend an Act creating the Board of Commissioners of Fulton County, so as to provide that procedures to regulate county purchasing shall be estab lished by resolution or ordinance and to require that sealed bids must be ob tained on purchases exceeding a certain amount. HB 852. By Representatives Dover of the llth and Jamieson of the llth: A bill to provide for the collection of additional costs in cases before the Magis trate Court of Banks County as law library fees. HB 951. 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 the compensation provisions relating to the chairman and other members of the board of commissioners; to provide for cost-of-living increases in compensation. HB 952. 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; to provide for cost-of-living increases in compensation. HB 957. By Representatives Walker of the 115th and Ray of the 98th: A bill to repeal an Act providing designated registration periods for registration of motor vehicles in Macon County. HB 960. By Representatives Wilder of the 21st, Clark of the 20th, Post 3, Clark of the 20th, Post 4, Klein of the 21st, Vaughan of the 20th and others: A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the provisions relative to the supplement of the district attorney and the compensa tion of the chief assistant district attorney, assistant district attorneys, the chief investigator, and investigators. 1426 JOURNAL OF THE SENATE HB 961. By Representatives Clark of the 20th, Post 4, Clark of the 20th, Post 3, Wilder of the 21st, Hammond of the 20th, Klein of the 21st and others: A bill to amend an Act providing for the compensation of the judge of the Juve nile Court of Cobb County, so as to change the compensation of said judge. HB 962. By Representatives Wilder of the 21st, Clark of the 20th, Post 3, Clark of the 20th, Post 4, Coker of the 21st, Klein of the 21st 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 963. By Representatives Coker of the 21st, Clark of the 20th, Post 3, Clark of the 20th, Post 4, Wilder of the 21st, Klein of the 21st and others: A bill to amend an Act creating the State Court of Cobb County, so as to in crease the compensation of the solicitor. HB 964. By Representatives Clark of the 20th, Post 4, Clark of the 20th, Post 3, Wilder of the 21st, Vaughan of the 20th, Hammond 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 965. By Representatives Coker of the 21st, Clark of the 20th, Post 3, Clark of the 20th, Post 4, Wilder of the 21st, Vaughan 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 966. By Representatives Clark of the 20th, Post 4, Clark of the 20th, Post 3, Wilder of the 21st, Hammond of the 20th, Klein 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 judge and the clerk of the probate court. HB 970. By Representatives Hammond of the 20th, Coker of the 21st, Klein of the 21st, Clark of the 20th, Post 3, Clark of the 20th, Post 4 and others: A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of such judges and change a title of certain of such judges. SB 293. By Senators Ramsey of the 54th and Hasty of the 51st: A bill to amend an Act providing for the Magistrate Court of Whitfield County so as to change the position of part-time magistrate to full-time magistrate; to provide for the election of the new full-time magistrate. The House has agreed to the Senate substitutes to the following bills of the House: HB 42. By Representative Cummings of the 17th: A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement, so as to change the provisions relating to the membership of the boards of directors or boards of commissioners of certain retirement systems and the State Employees' Assurance Department. THURSDAY, MARCH 7, 1991 1427 HB 129. By Representatives Dobbs of the 74th, Lane of the lllth, Byrd of the 153rd, Bates of the 141st and Barfoot of the 120th: A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable and procedures in connection therewith, so as to provide for a period of detention for a person charged with driving under the influence of alcohol or drugs. HB 582. By Representative Smyre of the 92nd: A bill to amend Code Section 20-3-250.3 of the Official Code of Georgia Anno tated, relating to exemptions from the "Nonpublic Postsecondary Educational Institutions Act of 1990," so as to exempt certain nonpublic medical schools from the application of such Act. HB 480. By Representative Bostick of the 138th: A bill to amend Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, so as to change the amount of certain au thorized service charges with respect to selling certain tickets or other evidences of right of entry. HB 259. By Representatives Stephens of the 68th and Jones of the 71st: A bill to amend Code Section 9-3-29 of the Official Code of Georgia Annotated, relating to actions for breach of restrictive covenants, so as to expand applicabil ity of the statute of limitations on such actions to violations of building set-back lines. HB 223. By Representatives Campbell of the 23rd, Williams of the 90th, Hammond of the 20th, Stephens of the 68th, Hightower of the 36th and others: A bill to amend Code Section 44-14-361.1 of the Official Code of Georgia Anno tated, relating to how materialmen's and mechanics' liens are declared and cre ated, so as to provide that a party claiming a lien shall file a notice with the clerk of the superior court of the county wherein the subject lien was filed within 14 days after the filing of such action. The House has agreed to the Senate amendments to the following bills of the House: HB 763. By Representative Colwell of the 4th: A bill to amend Chapter 10 of Title 42 of the Official Code of Georgia Annotated, the "Correctional Industries Act," so as to provide that any compensation paid to the executive officer of the Georgia Correctional Industries Administration shall be paid from earnings of the administration and not from appropriations. HB 350. By Representatives Watson of the 114th, Pettit of the 19th, Dixon of the 128th and Hamilton of the 124th: A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," so as to provide that the administrator may certify to telephone service carriers that certain billings should be suspended while a cease and desist order is in effect. HB 291. By Representatives Dover of the llth, Jamieson of the llth, Twiggs of the 4th and Irwin of the 57th: A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to change the conditions under which volunteers of fire departments, law enforcement agencies, emergency manage ment or civil defense organizations, emergency medical services, or rescue organi- 1428 JOURNAL OF THE SENATE zations and persons certified as medical first responders may be covered employees. HB 167. By Representatives Thomas of the 69th, Pettit of the 19th and Groover of the 99th: A bill to amend the O.C.G.A., so as to correct typographical, stylistic, capitaliza tion, punctuation, and other errors and omissions in the O.C.G.A. and in Acts of the General Assembly amending the O.C.G.A. HB 215. By Representatives Thomas of the 69th, Chambless of the 133rd and Groover of the 99th: A bill to amend Chapter 5 of Title 15 of the Official Code of Georgia Annotated, relating to the administration of courts of record, so as to permanently create the Georgia Courts Automation Commission. The House has disagreed to the Senate amendment to the following bill of the House: HB 274. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st, Patten of the 149th, Poston of the 2nd and others: A bill to amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to general matters relating to the Environmental Protection Division of the Department of Natural Resources, so as to provide for the appointment and removal of the director of such division; to create an Environmental Advisory Council. The House has agreed to the Senate substitute to the following bill of the House: HB 771. By Representatives Chambless of the 133rd, Cummings of the 134th, White of the 132nd and Balkcom of the 140th: A bill to amend an Act placing certain county officers of Dougherty County upon an annual salary, so as to change the provisions relating to the salary of the judge of the probate court. The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate: SB 180. By Senators Ragan of the 10th, Foster of the 50th, Hasty of the 51st and others: A bill to amend Code Section 45-20-51 of the Official Code of Georgia Annotated, relating to definitions applicable to allowing voluntary deductions from wages or salaries of state employees for the benefit of certain charitable organizations, so as to change the definition of an eligible voluntary charitable organization to in clude the Georgia Fund for Technical and Adult Education, Inc. SB 289. By Senator Timmons of the llth: A bill to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, known as the "Georgia Emergency Telephone Number '911' Service Act of 1977," so as to provide for the designation of the public safety answering point within certain counties; to provide for a definition; to provide an effective date. SB 169. By Senator Egan of the 40th: A bill to amend Code Section 36-37-6.1 of the Official Code of Georgia Anno tated, relating to the sale, exchange, lease, or grant of an easement over certain property by certain municipalities, so as to provide that such municipalities are THURSDAY, MARCH 7, 1991 1429 authorized to enter into certain contracts relating to such property; to provide an effective date. SB 347. By Senators Robinson of the 16th and Pollard of the 24th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to enhance the financial regulatory capabilities of the Commissioner of Insurance; to provide for insurer statement filings with the National Association of Insurance Commissioner; to provide for limited im munity in the use of information; to provide for confidentiality; to provide sanc tions; to establish methods of allowance of credit for reinsurance. SB 142. By Senator Ramsey of the 54th: A bill to amend Chapter 14 of Title 12 of the Official Code of Georgia Annotated, relating to oil or hazardous material spills or releases, so as to define certain terms; to provide for reporting of spills or releases of hazardous substances in certain amounts. The House has passed by the requisite constitutional majority the following bills of the Senate: SB 46. By Senator Kidd of the 25th: A bill to amend Article 2 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the creation, administration, and management of the as sets of the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide for an additional member on the Board of Commissioners of the Judges of the Probate Courts Retirement Fund of Georgia, which additional member shall be a member of the fund and a retired judge of the probate court. SB 99. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Part 3 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Lake Lanier Islands Development Authority, so as to add two members to the authority; to change provisions relating to the selection and terms of service of members; to provide an effective date. SB 100. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Chapter 9 of Title 10 of the Official Code of Georgia Annotated, the "Geo. L. Smith II Georgia World Congress Center Act," so as to add two members to the board of governors of the authority; to change provisions relating to the selection and term of service of members; to provide an effective date. SB 222. By Senators Kidd of the 25th, Harris of the 27th and Hammill of the 3rd: A bill to amend Chapter 20 of Title 43 of the Official Code of Georgia Annotated, known as the "Georgia Hearing Aid Dealers and Dispensers Act," so as to change the composition of the State Board of Hearing Aid Dealers; to change the provi sions relating to the issuance of dispensers' licenses; to change certain provisions relating to examination of applicants for a license. SB 126. By Senator English of the 21st: A bill to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to change the pro visions relating to eggs; to provide for definitions; to provide for classification of eggs. 1430 JOURNAL OF THE SENATE SB 130. 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 the first Thursday in February of each year as "Girls and Women in Sports Day" in Georgia. The House has adopted by the requisite constitutional majority the following resolution of the Senate: SR 122. By Senators Collins of the 17th, Perry of the 7th, Burton of the 5th and others: A resolution designating the "Raymond G. Davis Medal of Honor Highway". The House has adopted, by substitute, by the requisite constitutional majority the fol lowing resolutions of the Senate: SR 90. By Senator Kidd of the 25th: A resolution authorizing the conveyance of certain state owned real property lo cated in Baldwin County, Georgia; to provide an effective date. SR 140. By Senator Echols of the 6th: A resolution authorizing the conveyance of certain state owned real property lo cated in Brantley County, Georgia, to the Brantley County Board of Education; to provide an effective date. The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate: SB 154. By Senator Johnson of the 47th: A bill to amend Code Section 33-24-3 of the Official Code of Georgia Annotated, relating to the requirements for finding an insurable interest for purposes of ob taining personal insurance, so as to clarify the intent of the law that any corpora tion, foreign or domestic, shall have an insurable interest in the life or physical or mental ability of any of its directors, officers, or employees or the directors, of ficers, or employees of any of its subsidiaries. The House has adopted, as amended, by the requisite constitutional majority the fol lowing resolution of the Senate: SR 106. By Senator Kidd of the 25th: A resolution authorizing the conveyance of certain state owned real property lo cated in Baldwin County, Georgia, to Garvis Youngblood and the acceptance of certain real property owned by Garvis Youngblood located in Baldwin County, Georgia, in consideration therefor; to provide an effective date. The House has passed by the requisite constitutional majority the following bill of the Senate: SB 175. By Senators Robinson of the 16th, Johnson of the 47th, Walker of the 43rd and others: A bill to amend Article 1 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding bonds, so as to change certain provisions relating to authorized investments for bond proceeds; to provide an effective date. THURSDAY, MARCH 7, 1991 1431 The House has adopted by the requisite constitutional majority the following resolution of the Senate: SR 129. By Senator Broun of the 46th: A resolution designating the Thomson Mills Forest of the University of Georgia as the State Arboretum of Georgia. The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate: SB 158. By Senators Coleman of the 1st and Hill of the 4th: A bill to amend Code Section 32-6-51 of the Official Code of Georgia Annotated, relating to the prohibition and regulation of signs, signals, devices, or structures on or near the rights of way of public roads, so as to authorize the erection and maintenance of bus shelters on rights of way of public roads; to authorize com mercial advertisements on such bus shelters. SB 225. By Senator Shumake of the 39th: A bill to provide that the Fulton County governing authority provide rodent in spection and control services upon request without charge to residential units owned or occupied by persons who are 65 years of age or older or who are physi cally handicapped and who state that they are unable to afford such services; to provide that all citizens have equal access to rat poison and other rodent control substances and devices without regard to whether they rent or own their dwelling places; to provide for definitions. SB 366. By Senator Thompson of the 33rd: A bill to amend an Act creating the Cobb-Marietta Coliseum and Exhibit Hall Authority, as amended, so as to change the provisions regarding the appointment of members of the authority; to provide for terms of office; to provide for the filling of vacancies. The following resolution of the Senate was introduced, read the first time and referred to committee: SR 282. By Senators Bishop of the 15th, Newbill of the 56th, Walker of the 43rd and others: A resolution creating the Senate Study Committee on Low and Moderate Income Housing in Georgia. Referred to Committee on Rules. The following bills of the House were read the first time and referred to committee: HB 826. By Representatives Felton of the 22nd and Campbell of the 23rd: A bill to amend an Act creating the Board of Commissioners of Fulton County, so as to provide that procedures to regulate county purchasing shall be estab lished by resolution or ordinance and to require that sealed bids must be ob tained on purchases exceeding a certain amount. Referred to Committee on Urban and County Affairs. HB 852. By Representatives Dover of the llth and Jamieson of the llth: A bill to provide for the collection of additional costs in cases before the Magis trate Court of Banks County as law library fees. Referred to Committee on Urban and County Affairs. 1432 JOURNAL OF THE SENATE HB 951. 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 the compensation provisions relating to the chairman and other members of the board of commissioners; to provide for cost-of-living increases in compensation. Referred to Committee on Urban and County Affairs. HB 952. 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; to provide for cost-of-living increases in compensation. Referred to Committee on Urban and County Affairs. HB 957. By Representatives Walker of the 115th and Ray of the 98th: A bill to repeal an Act providing designated registration periods for registration of motor vehicles in Macon County. Referred to Committee on Urban and County Affairs. HB 960. By Representatives Wilder of the 21st, Clark of the 20/3, Clark of the 20/4 and others: A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the provisions relative to the supplement of the district attorney and the compensa tion of the chief assistant district attorney, assistant district attorneys, the chief investigator, and investigators. Referred to Committee on Urban and County Affairs. HB 961. By Representatives Clark of the 20/4, Clark of the 20/3, Wilder 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 962. By Representatives Wilder of the 21st, Clark of the 20/3, Clark of the 20/4 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 963. By Representatives Coker of the 21st, Clark of the 20/3, Clark of the 20/4 and others: A bill to amend an Act creating the State Court of Cobb County, so as to in crease the compensation of the solicitor. Referred to Committee on Urban and County Affairs. HB 964. By Representatives Clark of the 20/4, Clark of the 20/3, Wilder 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 THURSDAY, MARCH 7, 1991 1433 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 965. By Representatives Coker of the 21st, Clark of the 20/3, Clark of the 20/4 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 966. By Representatives Clark of the 20/4, Clark of the 20/3, Wilder 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 judge and the clerk of the probate court. Referred to Committee on Urban and County Affairs. HB 970. By Representatives Hammond of the 20th, Coker of the 21st, Klein of the 21st and others: A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of such judges and change a title of certain of such judges. Referred to Committee on Urban and County Affairs. The following reports of standing committees were read by the Secretary: Mr. President: The Committee on Agriculture has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 175. Do pass by substitute. HB 475. Do pass. HB 446. Do pass. HB 844. Do pass by substitute. Respectfully submitted, Senator English of the 21st District, Chairman Mr. President: The Committee on Education has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation: HB 727. Do pass as amended. Respectfully submitted, Senator Foster of the 50th District, Chairman Mr. President: The Committee on Education has had under consideration the following bills and reso lution of the House and has instructed me to report the same back to the Senate with the following recommendations: 1434 JOURNAL OF THE SENATE HR 288. HB 792. HB 793. Do pass by substitute. Do pass. Do pass. Respectfully submitted, Senator Foster of the 50th District, Chairman Mr. President: The Committee on Finance and Public Utilities has had under consideration the follow ing bills and resolution of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 1. Do pass. HB 829. Do pass as amended. HB 280. Do pass by substitute. HR 352. Do pass as amended. Respectfully submitted, Senator Starr of the 44th District, Chairman Mr. President: The Committee on Governmental Operations has had under consideration the following bills and resolution of the House and has instructed me to report the same back to the Senate with the following recommendations: HR 105. Do pass. HB 235. Do pass. HB 427. Do pass. HB 557. Do pass. HB 295. Do pass by substitute. HB 670. Do pass. HB 402. Do pass by substitute. HB 772. Do pass as amended. Respectfully submitted, Senator Kidd of the 25th District, Chairman Mr. President: The Committee on Insurance and Labor has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the follow ing recommendation: HB 773. Do pass. Respectfully submitted, Senator Pollard of the 24th District, Chairman Mr. President: The Committee on Insurance 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 602. Do pass. HB 902. Do pass. HB 769. Do pass. HB 820. Do pass. HB 905. Do pass by substitute. HB 906. Do pass. Respectfully submitted, Senator Pollard of the 24th District, Chairman THURSDAY, MARCH 7, 1991 1435 Mr. President: The Committee on Natural Resources 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: HR 348. HB 643. HB 652. Do pass. Do pass. Do pass. HB 708. HB 811. HB 605. Do pass. Do pass. Do pass by substitute. Respectfully submitted, Senator Gillis of the 20th District, Chairman Mr. President: The Committee on Transportation 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 782. Do pass by substitute. 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 449. HB 864. HB 876. HB 890. HB 891. HB 899. HB 915. Do pass. Do pass. Do pass. Do pass. Do pass. D^o pass. Do pass. HB 929. HB 930. HB 931 Do pass. Do pass. Do pass. HB 935. HB 940. HB 94L Do pass. Do pass. Do pass. HB 917. Do pass. HB 922. Do pass. HB 942 - Do Pass. HB 947. 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 11. By Representatives Lane of the 27th, Bostick of the 138th and Hamilton of the 124th: A bill to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous rules of the uniform rules of the road, so as to make it unlawful for any person to possess an open container of any alcoholic beverage while operating a motor vehicle. 1436 JOURNAL OF THE SENATE HB 63. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Adams of the 79th: A bill to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol or drugs, so as to provide for publication of the name, address, and photograph of each person convicted of driving under the influence of alcohol or drugs. HB 120. By Representatives Coleman of the 118th, Murphy of the 18th, Connell of the 87th and Walker of the 115th: A bill to provide supplementary appropriations to the Georgia General Assembly for the State Fiscal Year ending June 30, 1991, for operating expenses. HB 198. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd and others: A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change the time period during which elections can be conducted for the purpose of exempting certain tangible personal property from ad valorem taxation or imposing a joint county and municipal sales and use tax or a special county 1 percent sales and use tax. HB 213. By Representatives Irwin of the 57th and Oliver of the 53rd: A bill to amend Code Section 37-3-122 of the Official Code of Georgia Annotated, relating to payment of expenses incurred in connection with mental health hear ings, so as to provide that if a judge or an attorney on staff of the probate court conducts a mental health hearing for an out-of-county patient, the county of resi dence of the patient shall reimburse the expenses of the county holding the hearing. HB 226. By Representatives Oliver of the 53rd, Thomas of the 69th, Chambless of the 133rd and others: A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to revise and replace the laws relating to nonprofit corporations. HB 238. By Representatives Birdsong of the 104th, Jenkins of the 80th and Moody of the 153rd: A bill to amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to the indemnification of certain persons killed or perma nently disabled in the line of duty, so as to provide for the indemnification of any emergency management rescue specialist who is killed or permanently disabled on or after January 1, 1991. HB 240. By Representatives Snow of the 1st, Groover of the 99th, Mobley of the 64th 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 266. By Representatives Dover of the llth, Godbee of the 110th and Royal of the 144th: A bill to amend Code Section 48-5-7.1 of the Official Code of Georgia Annotated, relating to the preferential tax assessment for tangible real property devoted to THURSDAY, MARCH 7, 1991 1437 bona fide agricultural purposes, so as to change certain provisions relating to the beginning date of a covenant period. HB 276. By Representatives Abernathy of the 39th, Childers of the 15th, Groover of the 99th and others: A bill to amend Chapter 5 Title 26 of the Official Code of Georgia Annotated, relating to drug abuse treatment and education programs, so as to provide that the Department of Human Resources shall develop criteria for assuring priority in admissions to drug dependent pregnant females. HB 283. By Representatives Dover of the llth, Godbee of the 110th, Royal of the 144th and others: A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for current use valu ation and taxation of bona fide conservation use property and bona fide residen tial transitional property; to provide for the ad valorem taxation of timber. HB 285. By Representatives Murphy of the 18th, Coleman of the 118th, Walker of the 115th and others: A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1991 and ending June 30, 1992. HB 324. By Representatives Cummings of the 134th, McKinney of the 35th, Thomas of the 55th and others: A bill to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to provide that it shall be unlawful for a person to knowingly sell any real or personal property in exchange for any criminally de rived property. HB 333. By Representatives Dover of the llth, Godbee of the 110th and Royal of the 144th: A bill to amend Code Section 48-2-55 of the Official Code of Georgia Annotated, relating to collection of delinquent taxes through attachment and garnishment, so as to change certain provisions regarding garnishment procedures available to the state revenue commissioner. HB 334. By Representatives Dover of the llth, Godbee of the 110th 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 336. By Representatives Dover of the llth, Godbee of the 110th and Royal of the 144th: A bill to amend Code Section 48-8-63 of the Official Code of Georgia Annotated, relating to payment of tax by contractors furnishing tangible personal property and services, so as to increase the amount of certain bonds or legal securities which may be required of certain contractors. HB 340. By Representatives Dover of the llth, Godbee of the 110th and Royal of the 144th: A bill to amend Code Section 48-2-59 of the Official Code of Georgia Annotated, relating to appeals to the superior court from certain orders, rulings, or findings 1438 JOURNAL OF THE SENATE of the state revenue commissioner, so as to require the filing of a surety bond with respect to certain appeals. HB 383. By Representative Redding of the 50th: A bill to amend Code Section 7-1-705 of the Official Code of Georgia Annotated, relating to the posting of notices of charges by licensed check cashers and other requirements, so as to revise the requirements for surety bonds to be maintained by certain licensed check cashers. HB 389. By Representatives Lucas of the 102nd, Clark of the 13th and Green of the 106th: A bill to amend Code Section 31-7-263 of the Official Code of Georgia Annotated, relating to contested cases for licensure of directors of personal care homes for purposes of the "Georgia Administrative Procedure Act," so as to provide that hearing officers may have certain powers and duties in certain circumstances. HB 412. By Representatives Dover of the llth, Godbee of the 110th and Royal of the 144th: A bill to amend Article 5A of Chapter 5 of Title 48 of the Official Code of Geor gia Annotated, relating to the examination of county tax digests, so as to revise and change provisions regarding the appeals of digest rejections. HB 417. By Representatives Clark of the 20/3 and Ladd of the 44th: 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 the establish ment of guardianships of limited or permanent duration as part of the proceed ings for the appointment of emergency guardians and the conditions and proce dures relating thereto. HB 424. By Representatives McKinney of the 40th, Redding of the 50th, Davis of the 29th and Thomas of the 55th: A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, so as to author ize additional state grants to hospital authorities for public health purposes. HB 448. By Representatives Benefield of the 72nd, Herbert of the 76th, Buckner of the 72nd and others: A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable, procedures, schedules of bails, and appeal bonds, so as to provide that certain offenses are bailable only before a judicial officer when such offenses involve family violence and substantial injury. HB 449. By Representatives Benefield of the 72nd, Herbert of the 76th, King of the 72nd and others: A bill to amend Chapter 1 of Title 17 of the Official Code of Georgia Annotated, relating to arrests of persons, so as to provide that the decision to arrest shall not be based on the specific consent or request of the victim or consider the relation ship between the parties; to provide for a written report in every incident of family violence investigated. HB 461. By Representatives Chambless of the 133rd and Thomas of the 69th: A bill to amend Article 7 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to continuances, so as to change the provisions relating to continuance for the absence of a witness and what the application is to show. THURSDAY, MARCH 7, 1991 1439 HB 474. By Representatives Orrock of the 30th, Morsberger of the 62nd and Redding of the 50th: A bill to amend Chapter 28 of Title 43 of the Official Code of Georgia Annotated, relating to the licensing of occupational therapists, so as to change definitions, to authorize the State Board of Occupational Therapy to contract for examination services; to modify licensure and examination requirements. HB 547. By Representatives Chambless of the 133rd, Thomas of the 69th and Pettit of the 19th: A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to amend various provisions of such title relating to child support and enforcement of the duty of support by the Department of Human Resources. HB 554. By Representatives King of the 72nd, Childers of the 15th and Buckner of the 72nd: A bill to amend Code Section 17-10-15 of the Official Code of Georgia Annotated, relating to HIV testing of persons who commit AIDS transmitting crimes, so as to require those tests upon indictment for such crimes. HB 560. By Representative Colwell of the 4th: A bill to amend an Act entitled "To amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide a definition of incorrigible child; to provide for the right to counsel of a child who has been determined by the Department of Human Resources to be incorrigible". HB 567. By Representatives Coker of the 21st, Aiken of the 21st, Vaughan of the 20th and others: A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide that a person who is convicted of the offense of public indecency three or more times shall be guilty of a felony. HB 604. By Representative Oliver of the 53rd: A bill to amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to change certain requirements for adoption petitions; to provide that certain orders will take the place of certain other documents; to change which items must be forwarded to the Department of Human Resources. HB 671. By Representative Purcell of the 129th: A bill to amend Code Section 40-6-3 of the Official Code of Georgia Annotated, relating to the application of the uniform rules of the road to highways and ex ceptions to such requirements, so as to provide that the uniform rules of the road shall apply to vehicles operated within a privately owned residential area under certain circumstances. HB 808. By Representatives Coleman of the 118th, Walker of the 115th and Buck of the 95th: A bill to amend Code Section 32-5-21 of the Official Code of Georgia Annotated, relating to the priority of expenditures from the State Public Transportation Fund, so as to provide for payments into the State of Georgia Guaranteed Reve nue Debt Common Reserve Fund. 1440 JOURNAL OF THE SENATE HB 886. By Representatives Watts of the 41st, Parham of the 105th and Watson of the 114th: A bill to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous provisions relative to the uniform rules of the road, so as to require vehicles used to transport certain substances to be marked in a certain way. HR 283. By Representatives Colwell of the 4th, Twiggs of the 4th, Dover of the llth and others: A resolution redesignating a portion of the Appalachian Highway, State Route 515, beginning at the north end of Interstate 575 and continuing to the border between Georgia and North Carolina, as "The Zell Miller Mountain Parkway". HR 346. By Representative Birdsong of the 104th: A resolution designating the Elmer A. Dennard Highway. HR 402. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and others: A resolution creating the James Earl Carter, Jr. Tribute Commission. The President called for the morning roll call, and the following Senators answered to their names: Albert Alien Baldwin Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Pollard Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Taylor Thompson Turner Walker of 22nd Walker of 43rd White Those not answering were Senators: Bishop Hasty Phillips Ragan of 10th Steinberg Tate Timmons Tysinger Senator Steinberg of the 42nd introduced the chaplain of the day, Rabbi Philip Kranz, of Temple Sinai, Atlanta, Georgia, who offered scripture reading and prayer. The following resolution of the Senate was read and adopted: SR 283. By Senators Hammill of the 3rd, Echols of the 6th and Perry of the 7th: A resolution commending and recognizing Ms. Ann Sorrow. Senator Edge of the 28th moved that the following bill of the House be withdrawn from THURSDAY, MARCH 7, 1991 1441 the Senate Committee on Governmental Operations and committed to the Senate Commit tee on Special Judiciary: HB 437. By Representatives Stephens of the 68th and Thurmond of the 67th: A bill to amend Chapter 5 of Title 43 of the Official Code of Georgia Annotated, relating to athletic trainers, so as to provide a definition of athlete; to revise the definition of athletic trainer; to revise the residency requirement applicable to members of the Georgia Board of Athletic Trainers. On the motion, the yeas were 30, nays 0; the motion prevailed, and HB 437 was with drawn from the Senate Committee on Governmental Operations and committed to the Sen ate 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 March 7, 1991 THIRTY-FIFTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) SB 449 White, 48th A bill to change the corporate limits of the City of Sugar Hill. HB 864 Burton, 5th A bill to provide a new charter for the City of Pine Lake. HB 876 Clay, 37th Newbill, 56th Thompson, 33rd Ragan, 32nd A bill to change the dates on which the city council of the City of Marietta shall advertise vacancies on the board of education and elect members to fill such vacancies. HB 890 Clay, 37th A bill to change the corporate limits of the City of Kennesaw. HB 891 Hill, 4th A bill to provide for the appointment of the chief magistrate and magistrate of the Magistrate Court of Candler County by a vote of the judges of the superior courts of the Middle Judicial Circuit. HB 899 Edge, 28th A bill to create the Pike Clean and Beautiful Authority for the purpose of assisting the Board of Commissioners of Pike County in establishing a solid waste recycling program and promoting environmental awareness. HB 915 Echols, 6th A bill to create the Kingsland Area Convention and Visitors Bureau Author ity as a public body corporate and politic. 1442 JOURNAL OF THE SENATE HB 917 Broun, 46th A bill to continue the existing term of the present Judge of the State Court of Athens-Clarke County. HB 922 Bowen, 13th A bill to provide that the mayor and members of the city council of the City of Warwick shall serve for four year terms. HB 929 English, 21st A bill to delete the requirements of the payment of Glascock County obliga tions by county warrants; to provide that county obligations shall be paid in a manner to be prescribed by the board of commissioners. HB 930 English, 21st A bill to create a public body corporate and politic, and an instrumentality of Burke County, to be known as the Burke County Economic Development Authority. HB 931 English, 21st A bill to provide for the creation of one or more community improvement districts in Burke County and in each municipality therein. HB 935 Foster, 50th A bill to change the geographic boundaries of the service area of the Coosa Water Authority. HB 940 Foster, 50th A bill to change the geographic boundaries of the service area of the Notla Water Authority. HB 941 Bishop, 15th Robinson, 16th A bill to create a board of elections and registration for Muscogee County and to empower the board with the powers and duties of the present board of elections and the board of voter registrars relating to the conduct of elections and primaries and the registration of voters and absentee balloting proce dures. HB 942 Bishop, 15th Robinson, 16th A bill to provide for a full-time chief assistant solicitor for the State Court of Muscogee County. HB 947 Dean, 31st A bill to provide for a supplemental expense allowance for the judges of the superior courts of the Tallapoosa Judicial Circuit; to provide for a supple mental expense allowance for the district attorney of the Tallapoosa Judicial Circuit. THURSDAY, MARCH 7, 1991 1443 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 Alien Baldwin Bishop Bowen Broun Burton Coleman Collins Dawkins Echols Edge English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Olmstead Those not voting were Senators: Perdue Perry Pollard Ragan of 10th Ramsey Ray Robinson Shumake Starr Taylor Thompson Timmons Turner Walker of 43rd Clay Deal Dean Egan Langford Phillips Ragan of 32nd Scott Steinberg Tate Tysinger Walker of 22nd White On the passage of all the local bills, the yeas were 43, nays 0. All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed. Senator Garner of the 30th moved that Senator Tysinger of the 41st be excused from the Senate today in order to keep an appointment with a doctor. On the motion, the yeas were 34, nays 0; the motion prevailed, and Senator Tysinger of the 41st was excused from the Senate today. 1444 JOURNAL OF THE SENATE The following communications from His Excellency, Governor Zell Miller, were read by the Secretary: STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA 30334 February 12, 1991 Honorable Pierre Howard Lieutenant Governor and President of the Senate and Members of the Senate Senate Chambers Atlanta, Georgia 30334 Dear Lieutenant Governor Howard and Members of the Senate: I submit to you, as provided by law, the following appointments made by former Gover nor Joe Frank Harris during 1990 for confirmation: Honorable Edward H. Rudert of Floyd County as a member of the State Board of Ac countancy for the term of office beginning October 23, 1990 and ending June 30, 1994. The following named persons as members of the Ad Valorem Assessment Review Com mission for the term of office beginning April 10, 1990 and ending April 10, 1991: Frank Armstrong of Hall County; Alex Crumbley of Henry County; Gregory F. Crumley of Tift County; John A. Demons of Peach County; John M. Graham, III of Floyd County; Cindy B. Hunter of Chatham County; Geneva Taylor of Greene County; Leonard W. Thibadeau of DeKalb County; and William Joe Thompson of Fulton County. The following named persons as members of the Ad Valorem Assessment Review Com mission for the term of office beginning April 10, 1990 and ending April 10, 1992: Barbara Alexander of Fulton County; Doris Belcher of Columbia County; Gilita Carter of Fannin County; James G. Clonts of Douglas County; Frank F. Forth of Crisp County; Clara Chest nut Marsh of Walker County; Charles L. Stewart, Jr. of Chatham County; Mary Katherine Timmerman of Sumter County; and William E. Zachary, Sr. of DeKalb County. The following named persons as members of the Ad Valorem Assessment Review Com mission for the term of office beginning April 10, 1990 and ending April 10, 1993: Wilson H. Bush of Butts County; Pierce L. Cline of Walton County; James Griffin, Jr. of Dougherty County; Martha Henderson of Clarke County; Will Lockwood of Habersham County; Robert Russell of Mclntosh County; Diane Sharpe of Bacon County; Joel R. Toomey of Cobb County; Carole Wilhite of Carroll County; and Syd Williams of Fulton County. The following named persons as members of the Ad Valorem Assessment Review Com mission for the term of office beginning April 10, 1990 and ending April 10, 1994: V. J. Adams, Jr. of Bibb County; David L. Billingsley of Morgan County; Hugh H. Brazell of Houston County; Frenchye M. Bynes of Chatham County; John B. Chapman, Sr. of Fulton County; Bill Wade Crecelius, Jr. of Gwinnett County; Sam Doss of Floyd County; Harvey Hooks of Clayton County; Lottie Johnson of Newton County; and James E. Massey, Jr. of Cook County. The following named persons as members of the Ad Valorem Assessment Review Com mission for the term of office beginning April 10, 1990 and ending April 10, 1995: Lula Barrett of Cherokee County; John T. Conger of Ware County; Napoleon Fielder of Floyd County; Zack B. Hinton, Sr. of Henry County; Larry Jordan of Toombs County; Ashby R. Krouse, III of Richmond County; Lawrence W. McLemore of Muscogee County; W. S. Perry of Berrien County; Robert N. Rains of Rockdale County; and Pamela J. Smith of Fulton County. Honorable Ben G. Porter of Bibb County as a member of the Georgia Agricultural Ex position Authority for the term of office beginning April 16, 1990 and ending June 30, 1992. THURSDAY, MARCH 7, 1991 1445 The following named persons as members of the Georgia Agricultural Exposition Au thority for the term of office beginning July 1, 1990 and ending July 1, 1994: Michael R. Howren of Bartow County; and Patricia J. Steding of Gwinnett County. Honorable David Grant Arwood, II of Fulton County as a member of the Georgia Auc tioneers Commission for the term of office beginning August 14, 1990 and ending August 14, 1995. Honorable Sam Lawrence of Walker County as a member of the State Board of Barbers for the term of office beginning October 22, 1990 and ending July 25, 1991. Honorable Winston Strickland of Bartow County as a member of the State Board of Barbers for the term of office beginning December 29, 1990 and ending December 29, 1993. The following named persons as members of the Board of Corrections for the term of office beginning July 5, 1990 and ending July 1, 1995: J. E. Autry, Jr. of Thomas County; Robert L. Brown, Jr. of DeKalb County; and John A. Dana of Washington County. Honorable Conway W. Hunter, Jr. of Glynn County as a member of the Board of Cor rections for the term of office beginning September 6, 1990 and ending July 1, 1994. Honorable Asa Terrell Boynton of Clarke County as a member of the Board of Correc tions for the term of office beginning November 9, 1990 and ending July 1, 1992. Honorable Michael L. Johnson of Gwinnett County as a member of the State Board of Cosmetology for the term of office beginning June 6, 1990 and ending May 1, 1991. Honorable Alison Tara O'Neil of Fulton County as a member of the State Board of Cosmetology for the term of office beginning June 6, 1990 and ending May 1, 1993. Honorable Kenneth Marcus of Cobb County as a member of the State Board of Cosme tology for the term of office beginning July 11, 1990 and ending May 1, 1991. Honorable Mary B. Ayers of Stephens County as a member of the State Board of Cos metology for the term of office beginning August 8, 1990 and ending May 1, 1992. Honorable Teri L. Sherrill, R.D.H. of DeKalb County as a member of the Georgia Board of Dentistry for the term of office beginning August 24, 1990 and ending June 30, 1995. Honorable Dwight Oliver McLaurin, D.D.S. of Muscogee County as a member of the Georgia Board of Dentistry for the term of office beginning November 16, 1990 and ending August 1, 1995. Honorable Gloria Boswell Ransom, Ed.D. of Fulton County as a member of the State Board of Registration for Professional Engineers and Land Surveyors for the term of office beginning May 1, 1990 to June 30, 1990. Honorable Gloria Boswell Ransom, Ed.D. of Fulton County as a member of the State Board of Registration for Professional Engineers and Land Surveyors for the term of office beginning June 30, 1990 and ending June 30, 1995. The following named persons as members of the State Board of Registration for Profes sional Engineers and Land Surveyors for the term of office beginning August 28, 1990 and ending August 28, 1995: Larry K. Barnard of Fulton County; and Richard K. Little of Gwin nett County. Honorable Pelham C. Williams of Fulton County as a member of the State Board of Registration for Professional Engineers and Land Surveyors for the term of office beginning August 28, 1990 and ending June 1, 1995. Honorable Klaus Steinbeck of Oconee County as a member of the Georgia Forest Re search Council for the term of office beginning August 25, 1990 and ending August 25, 1997. Honorable Kerry Thomas of Hall County as a member of the State Board of Registra tion for Foresters for the term of office beginning August 22, 1990 and ending March 19, 1993. 1446 JOURNAL OF THE SENATE Honorable Arthur Carter of Bartow County as a member of the State Board of Regis tration for Foresters for the term of office beginning August 22, 1990 and ending June 30, 1995. Honorable R. W. Brown of Tift County as a member of the State Board of Registration for Foresters for the term of office beginning August 22, 1990 and ending July 1, 1995. Honorable Richard Bryant Hightower, Sr. of Haralson County as a member of the State Board of Funeral Service for the term of office beginning May 2, 1990 and ending February 13, 1992. Honorable Valerie J. Wages of Gwinnett County as a member of the State Board of Funeral Service for the term of office beginning May 2, 1990 and ending February 13, 1995. Honorable Claybon J. Edwards of Peach County as a member of the State Board of Funeral Service for the term of office beginning May 2, 1990 and ending February 13, 1996. Honorable Yvonne King Gloster of Fulton County as a member of the State Board of Funeral Service for the term of office beginning June 20, 1990 and ending May 1, 1996. Honorable June D. Green of DeKalb County as a member of the State Board of Regis tration for Professional Geologists for the term of office beginning July 27, 1990 and ending June 30, 1995. Honorable Stan D. Bearden of Bartow County as a member of the State Board of Re gistration for Professional Geologists for the term of office beginning November 24, 1990 and ending November 29, 1995. Honorable Helena Stern Solodar of Fulton County as a member of the Georgia State Board of Hearing Aid Dealers and Dispensers for the term of office beginning July 1, 1990 and ending July 1, 1993. Honorable Robert L. Carmichael of Macon County as a member of the Board of Human Resources for the term of office beginning April 18, 1990 and ending April 6, 1995. Honorable Connie Perry of Berrien County as a member of the Board of Human Re sources for the term of office beginning June 13, 1990 and ending April 6, 1993. The following named persons as members of the Board of Human Resources for the term of office beginning April 18, 1990 and ending April 6, 1995: Honorable Lasa Y. Joiner of Fulton County; and Shirley W. Whitaker of Hall County. The following named persons as members of the Board of Industry, Trade and Tourism for the term of office beginning August 9, 1990 and ending July 1, 1995: Honorable William Y. Barton of Clayton County; and Raymond W. Willingham of Ware County. Honorable Jackson K. Widener, Jr. of Richmond County as a member of the Board of Industry, Trade and Tourism for the term of office beginning September 12, 1990 and end ing July 1, 1995. The following named persons as members of the Joint Board of Family Practice for the term of office beginning November 6, 1990 and ending July 1, 1996: John Edward Fowler, M.D. of Rabun County; MaryAnne Tyler Hagler, M.D. of Richmond County; and R. Burt Prater, M.D. of DeKalb County. Honorable Nancy R. Beasley of Bartow County as a member of the State Board of Certification of Librarians for the term of office beginning December 31, 1990 and ending December 31, 1995. Honorable LaVerne C. Ogletree of Morgan County as a member of the Georgia Magis trate Courts Training Council for the term of office beginning August 31, 1990 and ending August 7, 1992. The following named persons as members of the Council on Maternal and Infant Health for the term of office beginning September 18, 1990 and ending July 18, 1992: Wilma Brown of Fulton County; Lynne Feldman, M.D. of Lowndes County; Lawrence W. Price, THURSDAY, MARCH 7, 1991 1447 M.D. of Carroll County; Hugh Watts Randall, Jr., M.D. of DeKalb County; Charles T. Staf ford, M.D. of Decatur County; James Weadick of Newton County; and Irma Mitchell Works of Muscogee County. The following named persons as members of the Council on Maternal and Infant Health for the term of office beginning October 16, 1990 and ending July 18, 1992: Roberta M. Brown of Franklin County; T. Schley Gatewood, Jr., M.D. of Sumter County; Jane F. Kimbel of Clarke County; Richard A. Wherry, M.D. of Lumpkin County; and Nance White of DeKalb County. The following named persons as members of the Council on Maternal and Infant Health for the term of office beginning October 16, 1990 and ending July 1, 1994: Jean Vangieri Chadwick of Richmond County; James Stuart Levi, M.D. of Bibb County; William Robert Sexson of Fulton County; and Roberta McNeill Smith, M.D. of Chatham County. Honorable Eugene H. Jackson, M.D. of Lowndes County as a member of the Council on Maternal and Infant Health for the term of office beginning September 18, 1990 and ending August 25, 1994. The following named persons as members of the Composite State Board of Medical Examiners for the term of office beginning November 8, 1990 and ending September 1, 1994: Runette Flowers, M.D. of DeKalb County; F. James Funk, Jr., M.D. of Fulton County; and Irving T. Staley, M.D. of Cobb County. Honorable Richard K. Chase, D.O. of Chatham County as a member of the Composite State Board of Medical Examiners for the term of office beginning November 8, 1990 and ending September 10, 1994. Honorable Jeffrey Alien Hill of Bibb County as a member of the Georgia Board of Nursing for the term of office beginning May 30, 1990 and ending September 23, 1992. Honorable Archer R. Rose of Rockdale County as a member of the Georgia State Board of Nursing Home Administrators for the term of office beginning June 13, 1990 and ending December 29, 1991. The following named persons as members of the Georgia State Board of Nursing Home Administrators for the term of office beginning June 13, 1990 and ending June 4, 1993: J. Olan Jones of Ware County; and Betty Brown Williamson of Clarke County. Honorable Elizabeth Turner of Camden County as a member of the Georgia State Board of Nursing Home Administrators for the term of office beginning November 6, 1990 and ending June 4, 1993. Honorable William L. Morrison, O.D. of Hall County as a member of the State Board of Examiners in Optometry for the term of office beginning April 18, 1990 and ending Septem ber 6, 1991. Honorable Vera Eileen Burns, O.D. of DeKalb County as a member of the State Board of Examiners in Optometry for the term of office beginning April 18, 1990 and ending Sep tember 6, 1992. The following named persons as members of the State Board of Physical Therapy for the term of office beginning August 30, 1990 and ending August 30, 1993: Al Dehnad of Houston County; and Harold G. Smith, Ed.D. of Richmond County. Honorable William B. Gary, Jr. of Clayton County as a member of the State Board of Polygraph Examiners for the term of office beginning October 31, 1990 and ending July 15, 1991. The following named persons as members of the State Board of Polygraph Examiners for the term of office beginning October 31, 1990 and ending June 30, 1994: James W. George of Fulton County; and David J. Holland of Clarke County. Honorable Walter H. Maddox of Clayton County as a member of the State Board of 1448 JOURNAL OF THE SENATE Polygraph Examiners for the term of office beginning October 31, 1990 and ending July 15, 1994. Honorable Frances H. Mahan of DeKalb County as a member of the Georgia Board of Private Detective and Security Agencies for the term of office beginning July 9, 1990 and ending July 1, 1993. Honorable Floyd Toth, Ph.D. of Lowndes County as a member of the Professional Standards Commission for the term of office beginning May 16, 1990 and ending November 19, 1992. The following named persons as members of the Professional Standards Commission for the term of office beginning June 13, 1990 and ending November 19, 1992: Rubye McClendon, Ed.D. of Fulton County; Deborah Simonds of DeKalb County; and Edward M. Wolpert, Ed.D. of Baldwin County. Honorable Divida Gude of Fulton County as a member of the State Board of Examiners of Psychologists for the term of office beginning July 1, 1990 and ending July 1, 1995. Honorable James Edward Hansford of Clarke County as a member of the Board of Public Safety for the term of office beginning September 5, 1990 and ending January 20, 1993. Honorable Richard L. Stallings of Muscogee County as a member of the Georgia Real Estate Appraisers Board for the term of office beginning May 24, 1990 and ending July 1, 1991. The following named persons as members of the Georgia Real Estate Appraisers Board for the term of office beginning May 24, 1990 and ending July 1, 1992: Helen S. Jones of Fulton County; and W. James Wilson, Sr. of Fulton County. The following named persons as members of the Georgia Real Estate Appraisers Board for the term of office beginning May 24, 1990 and ending July 1, 1993: Yvonne R. Durrett of Sumter County; and Charles S. Wood of Glynn County. Honorable Addison Keith Hammond of Cherokee County as a member of the State Board of Recreation Examiners for the term of office beginning October 12, 1990 and ending July 1, 1992. Honorable Lue Roche of Clayton County as a member of the State Board of Examiners for Speech-Language Pathology and Audiology for the term of office beginning March 8, 1990 and ending July 1, 1992. Honorable Berta G. Adams of Chatham County as a member of the Georgia Student Finance Commission for the term of office beginning August 23, 1990 and ending March 15, 1996. Honorable Clyde W. Hall, Ed.D. of Chatham County as a member of the State Board of Technical and Adult Education for the term of office beginning September 4, 1990 and end ing June 30, 1993. The following named persons as members of the State Board of Technical and Adult Education for the terms of office beginning October 4, 1990 and ending June 30, 1992: Chester Adair Austin of Cobb County; F. Woodson Briscoe of Fulton County; James C. Harrington, Jr. of Forsyth County; Costelle B. Walker of DeKalb County; and William T. Wiley, Jr. of Bibb County. The following named persons as members of the State Board of Technical and Adult Education for the terms of office beginning October 4, 1990 and ending June 30, 1993: Parks W. Burton of Carroll County; Jean M. Hartin of Muscogee County; Eugene Hunt of Rich mond County; and Louis W. Rice of Cobb County. The following named persons as members of the State Board of Technical and Adult Education for the terms of office beginning October 4, 1990 and ending June 30, 1995: Charles R. Brown of Gwinnett County; Louie W. Cleveland, Jr. of Habersham County; Rob- THURSDAY, MARCH 7, 1991 1449 ert H. Evans of Stephens County; Charles A. Harris of Irwin County; and Betty Nunn Mori of Fulton County. Honorable Quentin Ted Smith, M.D. of Fulton County as a member of the State Chil dren's Trust Fund Commission for the term of office beginning September 26, 1990 and ending June 30, 1991. The following named persons as members of the State Children's Trust Fund Commis sion for the term of office beginning June 30, 1990 and ending June 30, 1994: Maurice Dan iels, Ed.D. of Clarke County; Phyllis Frankel of Fulton County; William A. Landers of Floyd County; Robert C. Sise of Thomas County; and Mary Jamerson Ward of Clayton County. Honorable Joel Cowan of Fayette County as a member of the Board of Regents of the University System of Georgia for the term of office beginning October 17, 1990 and ending January 1, 1995. The following named persons as members of the State Board of Veterinary Medicine for the term of office beginning September 20, 1990 and ending September 16, 1995: Gerald Foskey of Johnson County; and Brooks K. Glass, D.V.M. of Muscogee County. Honorable Timothy Earl Jones of DeKalb County as a member of the Georgia Crime Victims Compensation Board for the term of office beginning June 12, 1990 and ending June 12, 1992. Honorable Richard Puckett of DeKalb County as a member of the Georgia Crime Vic tims Compensation Board for the term of office beginning June 12, 1990 and ending June 12, 1993. Honorable Kenneth Eugea of DeKalb County as a member of the Georgia Crime Vic tims Compensation Board for the term of office beginning June 12, 1990 and ending June 12, 1994. Honorable Rachel B. Champagne of Fulton County as a member of the Georgia Crime Victims Compensation Board for the term of office beginning June 12, 1990 and ending June 12, 1995. Honorable David H. Moskowitz of DeKalb County as a member of the Georgia Crime Victims Compensation Board for the term of office beginning June 12, 1990 and ending June 12, 1996. Honorable Ernest U. Earn of Gwinnett County as a member of the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators for the term of office beginning August 30, 1990 and ending August 17, 1991. Honorable Leigh Boyd Ross of Floyd County as a member of the State Board of Exam iners for Certification of Water and Wastewater Treatment Plant Operators for the term of office beginning August 30, 1990 and ending August 17, 1994. With kindest regards, I remain Sincerely, /s/ Zell Miller STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA 30334-0900 February 28, 1991 Honorable Pierre Howard Lieutenant Governor and President of the Senate and Members of the Senate Senate Chambers 1450 JOURNAL OF THE SENATE Atlanta, Georgia 30334 Dear Lieutenant Governor Howard and Members of the Senate: I submit to you, as provided by law, the following appointments for confirmation: Honorable Barbara T. King of DeKalb County, as a member of the State Board of Education for the term of office beginning March 13, 1991 and ending January 1, 1992. Honorable Reece J. Thompson of Toombs County, as a member of the Board of Natu ral Resources for the term of office beginning January 23, 1991 and ending January 1, 1998. Honorable Wayne Snow, Jr. of Walker County, as a member of the State Board of Pardons and Paroles for the term of office beginning February 22, 1991 and ending Decem ber 31, 1997. Honorable Pat Jarvis of DeKalb County, as a member of the Board of Public Safety for the term of office beginning January 23, 1991 and ending January 29, 1993. Honorable Robert Wilson of DeKalb County, as a member of the Board of Public Safety for the term of office beginning January 23, 1991 and ending January 20, 1994. The following named persons as members of the Board of Regents of the University System of Georgia for the term of office beginning February 12, 1991 and ending January 1, 1998: Juanita Powell Baranco of DeKalb County; and Donald M. Leebern, Jr. of Muscogee County. Sincerely, /s/ Zell Miller SENATE RULES CALENDAR Thursday, March 7, 1991 THIRTY-FIFTH LEGISLATIVE DAY SR 21 Grand Juries Study Committee--create (Rules--2nd) SR 246 Senate Study Committee on County and Municipal Employment Prac tices--create (Amendment) Rules--43rd) HB 97 Cancellation of Deed to Secure Debt--penalty, failure to supply (Substitute) (S Judy--24th) (Pursuant to Senate Rule 143, final passage of the bill was suspended on March 6, 1991.) HB 608 Local Government--change population requirements relating to certain cities (U&CA G--27th) HB 609 Revenue and Taxation--change population requirement on Atlanta (U&CA G--27th) HB 611 Public Safety Radios Used by Local Governments--change population require ments (U&CA G--27th) HB 612 Atlanta Business Improvement Districts--repeal Act providing (U&CA G--27th) HB 614 Housing Authority Commissioners--change population requirements (U&CA G--27th) HB 615 Atlanta Public Works--change population requirements (U&CA G--27th) HB 646 Motor Vehicle Franchise Termination--protections for dealers and distributors (Substitute) (Pub S--27th) HB 528 Mechanics' Liens--preclusion of waiver of bond rights (Substitute) (S Judy--45th) THURSDAY, MARCH 7, 1991 1451 HB 656 Teachers Retirement--continue employer contributions for military members (Ret--48th) HB 493 Tallapoosa Judicial Ciruit--additional Assistant District Attorney (Judy--31st) HB 69 Supreme Court Cases--change bill of costs (Substitute) (Judy--29th) HB 139 Commercial Drivers' Licenses--apply to certain vehicle types (Pub S--34th) HB 476 Deceased Indigent Interment--expense determination (S Judy--45th) HB 478 Superior Court Judges Retirement--delete mandatory age provisions (Ret--49th) HB 146 Certain Offenses Committed by Educators--reportable offenses (Ed--37th) HB 344 Interlocal Risk Management Agency for Cities--authorize boards of education (Ed--51st) HB 296 Public Retirement System--certain prefunding not subject to minimum funding (Ret--38th) HB 26 Dentures--marked with social security number (YA&HE--36th) HB 315 Dentistry--change definition of acts constituting practice (H&HS--26th) HB 269 Adoptees Born Outside State--birth certificates (Substitute) (H&HS--2nd) HB 429 Senior Judge--judge receiving disability retirement authorized (S Judy--18th) HR 157 Lorenzo Benn Youth Development Center--designate (YA&HE--42nd) HB 118 Documents Filed with State Agency--when deemed received (Substitute) (Judy--29th) HR 337 Department of Natural Resources Regional Headquarters, Brunswick--dedicate to Samuel Thomas Cofer (Nat R--3rd) HB 420 Hotel/Motel Tax--certain cities, counties levy (Substitute) (Amendment) (F&PU--33rd) HB 492 Copies as Evidence--certain noneraseable optical image reproductions (S Judy--42nd) HB 569 Dispossessory Summons--magistrate court clerk may issue (S Judy--29th) HB 578 Georgia Building Authority--property for railroad operations (Trans--1st) HB 133 Public Safety Records--provisions on access to (Pub S--48th) HB 67 Elections--rights of State Election Board (Gov Op--25th) HB 14 Elections--provisions for handicapped (Gov Op--5th) Respectfully submitted, /s/ Nathan Dean of the 31st, Chairman, Senate Rules Committee The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption: SR 21. By Senator Alien of the 2nd: A resolution creating the Grand Juries 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: 1452 JOURNAL OF THE SENATE Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Henson Hooks Huggins Johnson Kidd Marable Moye Newbill Olmstead Perdue Perry Pollard Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Taylor Thompson Timmons Turner Walker of 43rd Those not voting were Senators: Deal Hasty Hill Langford Phillips Ragan of 10th Shumake Tysinger (excused) Tate Walker of 22nd White On the adoption of the resolution, the yeas were 45, nays 0. The resolution, having received the requisite constitutional majority, was adopted. The following resolution of the Senate was taken up for the purpose of considering the House amendment thereto: SR 106. By Senator Kidd of the 25th: A resolution authorizing the conveyance of certain state owned real property lo cated in Baldwin County, Georgia, to Garvis Youngblood and the acceptance of certain real property owned by Garvis Youngblood located in Baldwin County, Georgia, in consideration therefor; to provide an effective date. The House amendment was as follows: Amend SR 106 by striking from line 21 of page 1 the word "northern" and inserting in lieu thereof the word "southern". By striking from line 23 on page 2 the following: "and Tract III". By striking in their entirety lines 6, 7, 8, and 9 on page 3, which read as follows: "Youngblood the hereinabove-described Tract II and Tract III of owned real property and to accept in consideration therefor from Garvis Youngblood the hereinabove-described property owned by Garvis Youngblood.", and inserting in lieu thereof the following: "Youngblood the hereinabove-described Tract II of state owned real property and to accept in consideration therefor from Garvis Youngblood the hereinabove-described Tract III of property owned by Garvis Youngblood." By striking Section 7 on lines 3 through 8 on page 4, which reads as follows: "Section 7. That the authorization in this article to convey the above-described Tract II and Tract III of property to Garvis Youngblood and to accept the above-described property THURSDAY, MARCH 7, 1991 1453 from Garvis Youngblood shall expire three years after the date that this resolution becomes effective.", and inserting in lieu thereof the following: "Section 7. That the authorization in this article to convey the above-described Tract II of state owned property to Garvis Youngblood and to accept the above-described Tract III property from Garvis Youngblood shall expire three years after the date that this resolution becomes effective." By striking from lines 19 through 22 on page 4 the following: "and upon such further consideration and provisions as the State Properties Commis sion shall in its discretion determine to be in the best interests of the State of Georgia". Senator Kidd of the 25th moved that the Senate agree to the House amendment to SR 106. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Bishop Bowen groun Burtn C~Coo,llyleimnsan Dawkins Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hu"iollok, s Huggins Kidd Langford Marable Moye Newbill Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray R0Scoob^titnson Starr Steinberg Taylor Thompson Timmons Turner Walker of 43rd Those not voting were Senators: Baldwin Deal (excused conferee) Johnson (excused conferee) Olmstead Phillips Shumake Tate Tysinger (excused) Walker of 22nd White On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SR 106. The following general resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption: SR 246. By Senator Walker of the 43rd: A resolution creating the Georgia Senate Study Committee on County and Mu nicipal Employment Practices. 1454 JOURNAL OF THE SENATE The Senate Committee on Rules offered the following amendment: Amend SR 246 by adding immediately before the period on line 29 of page 2 the following: "but shall receive the same for no more than ten days, unless additional days are authorized". On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun B urton ^CCoo,llyleimnsan Dawkins j) ea l Dean Echols Edge Egan English Foster Garner Gillis Harris Hasty Henson Hill Hooks iHT oul, "ggfionns Kldd Langford Marable M ye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson SS,,,hcoutmt ak, e Starr Tate Taylor Thompson Timmons Turner Walker of 43rd White Those not voting were Senators: Hammill Steinberg Tysinger (excused) Walker of 22nd On the adoption of the resolution, the yeas were 52, nays 0. The resolution, having received the requisite constitutional majority, was adopted as amended. The following resolution of the Senate was taken up for the purpose of considering the House substitute thereto: SR 90. By Senator Kidd of the 25th: A resolution authorizing the conveyance of certain state owned real property lo cated in Baldwin County, Georgia; to provide an effective date. The House substitute to SR 90 was as follows: A RESOLUTION Authorizing the conveyance of certain state owned real property located in Baldwin County, Georgia; authorizing the conveyance of certain state owned real property located in THURSDAY, MARCH 7, 1991 1455 McDuffie County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS: (1) The State of Georgia is the owner of certain real property located in Baldwin County, Georgia; (2) Said real property is all that certain tract or parcel of land lying and being in Bald win County, Georgia, lying in and being a part of Land Lots 220, 221, 242, and 243 of the 1714th GMD containing approximately 25 acres and identified by an aerial photograph on file in the office of the State Properties Commission and will be more particularly identified and described by a plat of survey provided to the State Properties Commission prior to conveyance of said property; (3) Said property is under the custody and management of the Georgia Forestry Com mission and is not being utilized by the commission and is therefore surplus to its needs; and (4) The Baldwin County Board of Education is desirous of obtaining the above-de scribed property for the purposes of constructing an elementary school facility; and WHEREAS: (1) The State of Georgia is the owner of certain real property located in McDuffie County, Georgia; (2) Said real property is all that certain tract or parcel of land lying and being in Mc Duffie County, Georgia, lying in and being a part of the 134th GMD containing approxi mately 1.046 acres and described as follows: "That lot of land located approximately one-half mile Southeast of the City Limits of the City of Thomson, Georgia, in the 134th District, G.M., of McDuffie County, said prop erty fronting on the South side of U.S. Highway 78, with metes and bounds as follows: Said lot is bounded Northeast by right-of-way of said U.S. Highway 78; Southeast by a road leading from said highway to the Water Filter Plant of said City of Thomson; Southwest by property of the State Highway Department; and Northwest by other lands of the City of Thomson; and said property is further described as beginning at the Northeast corner where said lot fronts on said U.S. Highway 78, at the corner of said Filter Plant Road, and ex tending South 29 degrees 05 minutes West for a distance of 226.75 feet to an iron stake; thence North 63 degrees 16 minutes West a distance of 199.70 feet to an iron stake; thence 29 degrees East a distance of 225.55 feet to an iron stake at the right-of-way of said U.S. Highway 78; thence South 63 degrees 41 minutes East along said right of way of said U.S. Highway 78 a distance of 200 feet to an iron stake, the point of beginning. All metes and bounds shown on a plat made by Jack Wier, P.R.E., dated August 9th, 1967, said plat to be recorded with the State Properties Commission"; (3) Said property is under the custody and management of the Department of Natural Resources and is not being utilized by said department and is therefore surplus to its needs; (4) The said property contains a storage facility and the City of Thomson is desirous of obtaining the above-described property and storage facility; and (5) The City of Thomson has agreed to construct a storage facility of comparable size and utilization as the above-described storage facility on real property to be conveyed to the state and the construction of such facility shall be considered compensation for the convey ance of the state property to the City of Thomson. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL AS SEMBLY OF GEORGIA: ARTICLE I Section 1. (a) That the State of Georgia is the owner of the above-described real prop erty located in Baldwin County, Georgia, and that, in all matters relating to the conveyance 1456 JOURNAL OF THE SENATE of the real property, the State of Georgia is acting by and through its State Properties Commission. (b) That the above-described real property in Baldwin County be conveyed by appro priate instrument to the Baldwin County Board of Education by the State of Georgia, acting by and through its State Properties Commission, for a consideration of not less than the fair market value and upon such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia. (c) That a plat of survey shall be provided by the Grantee, suitable for recording in Baldwin County, and presented to the executive director of the State Properties Commis sion for his approval. (d) That the authorization in this article to convey the above-described property to the Baldwin County Board of Education shall expire three years after the date that this resolu tion becomes effective. (e) That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. (f) That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Baldwin County and a recorded copy shall be forwarded to the State Properties Commission. ARTICLE II Section 2. (a) That the State of Georgia is the owner of the above-described real prop erty in McDuffie County, Georgia, and that, in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission. (b) That the above-described real property in McDuffie County, be conveyed by appro priate instrument to the City of Thomson by the State of Georgia, acting by and through its State Properties Commission, for a consideration of $10.00 and upon such further considera tion and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia. (c) That a plat of survey shall be provided by the Grantee, suitable for recording in McDuffie County, and presented to the executive director of the State Properties Commis sion for his approval. (d) That the authorization in this article to convey the above-described property to the City of Thomson shall expire three years after the date that this resolution becomes effective. (e) That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. (f) That the deed of conveyance shall be recorded by the Grantee in the Superior Court of McDuffie County and a recorded copy shall be forwarded to the State Properties Commission. ARTICLE III Section 3. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4. That all laws and parts of laws in conflict with this resolution are repealed. Senator Kidd of the 25th moved that the Senate agree to the House substitute to SR 90. THURSDAY, MARCH 7, 1991 1457 On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin B wen Burton Dn aw, kms Hammill Harris Hasty Henson Hm Hooks JHTouh, g&ng6sionns Echols Edge English Foster Garner Gillis Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 32nd Ramsey Ray Robinson SS_.ctaortrt Tate Taylor Thompson Timmons Turner Walker of 43rd White Those not voting were Senators: Bishop Broun Coleman Egan Langford Ragan of 10th Shumake Steinberg Tysinger (excused) Walker of 22nd On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 90. The following bill of the Senate was taken up for the purpose of considering the House substitute thereto: SB 289. By Senator Timmons of the llth: A bill to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, known as the "Georgia Emergency Telephone Number '911' Service Act of 1977," so as to provide for the designation of the public safety answering point within certain counties; to provide for a definition; to provide an effective date. The House substitute to SB 289 was as follows: A BILL To be entitled an Act to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, known as the "Georgia Emergency Telephone Number '911' Service Act of 1977," so as to change the provisions relating to definitions; to provide for billing '911' subscribers in advance of the date on which the '911' service becomes fully operational; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, known as the "Georgia Emergency Telephone Number '911' Service Act of 1977," is amended by adding in Code Section 46-5-122, relating to definitions, a new para graph (8.1) to read as follows: "(8.1) 'Public safety answering point' means the public safety agency which receives incoming '911' telephone calls and dispatches appropriate public safety agencies to respond to such calls." 1458 JOURNAL OF THE SENATE Section 2. Said part is further amended by adding at the end of Code Section 46-5-134 a new subsection (i) to read as follows: "(i) Subject to the provision of Code Section 46-5-133, the subscriber of an exchange access facility may be billed for the monthly '911' charge as defined in this Code section, for up to 18 months in advance of the date on which the '911' service becomes fully operational." 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 Timmons of the llth moved that the Senate agree to the House substitute to SB 289. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Gillis Hammill Harris Hasty Hm Hooks Clay Collins Dawkins Dean Echols Edge English Foster Garner Johnson Kidd Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 32nd Ramsey Rav Robinson Scott Schumake f,tarr la , Tay\oi Thompson Timmons Turner Walker of 43rd White Those not voting were Senators: Coleman Deal Egan Henson Langford Ragan of 10th Steinberg Tysinger (excused) Walker of 22nd On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 289. 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 97. By Representative Smith of the 78th: A bill to amend Code Section 44-14-3 of the Official Code of Georgia Annotated, relating to the furnishing of a cancellation of a deed to secure debt or other se curity instrument by a grantee upon the payment of such instrument, so as to change the civil penalty for the failure to supply a cancellation within the statu tory time limit. Senate Sponsors: Senators Pollard of the 24th and Edge of the 28th. THURSDAY, MARCH 7, 1991 1459 The substitute to HB 97 offered by Senator Pollard of the 24th on March 6, as it ap pears in the Journal of March 6, was automatically reconsidered and put upon its adoption. Senator Pollard of the 24th asked unanimous consent to withdraw his substitute to HB 97. The consent was granted, and the substitute to HB 97 offered by Senator Pollard of the 24th was withdrawn. Senator Edge of the 28th offered the following substitute to HB 97: A BILL To be entitled an Act to amend Code Section 44-14-3 of the Official Code of Georgia Annotated, relating to the furnishing of a cancellation of a deed to secure debt or other security instrument by a grantee upon the payment of such instrument, so as to provide that a satisfaction or cancellation of a deed to secure debt or other security interest shall be furnished to a grantor or to the clerk of the superior court; to change the time limit in which to supply the grantor or the clerk of the superior court with a cancellation of a deed to secure debt or other security interest; to change the amount of damages for which the grantee is liable for the failure to supply a cancellation within the statutory time limit; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 44-14-3 of the Official Code of Georgia Annotated, relating to the furnishing of a cancellation of a deed to secure debt or other security instrument by a grantee upon the payment of such instrument, is amended by striking subsection (b) in its entirety and inserting in its place a new subsection (b) to read as follows: "(b) (1) Whenever the indebtedness secured by any instrument is paid in full, the grantee of the instrument, within 60 days of the date of the full payment, shall cause to be furnished to the grantor at the grantor's last known address as shown on the records of the grantee or to the clerk of the superior court of the county or counties in which the instru ment is recorded a legally sufficient satisfaction or cancellation to authorize and direct the clerk or clerks to cancel the instrument of record. The grantee shall further direct the clerk of the court to transmit to the grantor the original cancellation or satisfaction document at the grantor's last known address as shown on the records of the grantee. In the case of a revolving loan account, the debt shall be considered to be 'paid in full' only when the entire indebtedness including accrued finance charges has been paid and the lender or debtor has notified the other party to the agreement in writing that he wishes to terminate the agree ment pursuant to its terms. (2) Notwithstanding paragraph (1) of this subsection, if an attorney at law remits the pay-off balance of an instrument to a grantee on behalf of a grantor, the grantee may direct the clerk of the court to transmit to such attorney the original cancellation or satisfaction document. (3) A grantee shall be authorized to add to the pay-off amount the costs of recording a cancellation or satisfaction of an instrument." Section 2. Said Code section is further amended by striking subsection (c) in its entirety and inserting in its place a new subsection (c) to read as follows: "(c) Upon the failure of the grantee to transmit properly a legally sufficient satisfaction or cancellation as provided in this Code section, the grantee shall be liable to the grantor for the sum of $500.00 as liquidated damages and, in addition thereto, for such additional sums for any loss caused to the grantor plus reasonable attorney's fees. The grantee shall not be liable to the grantor if he demonstrates reasonable inability to comply with subsection (b) of 1460 JOURNAL OF THE SENATE this Code section; and the grantee shall not be liable to the grantor unless and until a writ ten demand for the transmittal is made." Section 3. This Act shall become effective on July 1, 1991, and shall be applicable to any written demand for the transmittal of a cancellation or satisfaction made pursuant to the provisions of Code Section 44-14-3 of the Official Code of Georgia Annotated occurring on or after July 1, 1991. Section 4. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted. The President announced that, pursuant to Senate Rule 143, consideration of HB 97 would be suspended and placed on the Senate General Calendar. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: HB 608. By Representative Lane of the 27th: A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to change the population requirements of those provi sions of said title applicable to municipalities having a certain population. Senate Sponsors: Senators Harris of the 27th and Newbill of the 56th. Senator Newbill of the 56th offered the following substitute to HB 608: 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 change the population requirements of those provi sions of said title applicable to municipalities having a certain population; to change the provisions relating to the minimum distance between proposed corporate boundaries and boundaries of existing municipal corporations so as to provide for an exception; 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 36 of the Official Code of Georgia Annotated, relating to local govern ment, is amended by striking subsection (c) of Code Section 36-30-3, relating to ordinances of councils not binding succeeding councils and exceptions thereto, in its entirety and sub stituting in lieu thereof a new subsection (c) to read as follows: "(c) (1) The governing authorities of municipal corporations having a population of not less than 350,000 according to the United States decennial census of 1980 or any future such census may, on behalf of such municipal corporations, authorize the mayor to enter into contracts with private or public entities not involving the incurring of indebtedness by such municipal corporations or security for indebtedness of such private and public entities for periods not exceeding 50 years and for a valuable consideration, which contracts shall be binding on such municipal corporations and on such authorities and successors, with respect to the leasing, subleasing, maintenance, or management of property for retail facilities, res taurants, or office or other commercial use, or for residential use, or with respect to property or facilities used for nonprofit museum purposes, which property or facilities are located in its downtown development area, as defined in paragraph (3) of Code Section 36-42-3; and to authorize the mayor to include in any such contracts for use of property which is located in a downtown development area and is in or contiguous to an urban redevelopment area es tablished pursuant to Chapter 61 of this title or to enter into amendments to any such existing or future contracts for use of property which is located in such areas in order to include terms and conditions which provide for renewals or extensions of the term of such THURSDAY, MARCH 7, 1991 1461 contracts for a period of time not to exceed an additional 50 years. The limitation involving the incurring of indebtedness by such municipal corporations or security for indebtedness of such private and public entities shall not apply to contracts for the use of property for nonprofit museum purposes, nor shall such limitation apply to contracts for the leasing, subleasing, maintenance, or management of property or facilities which, in addition to being located in a downtown development area, are also located in or contiguous to an urban redevelopment area established pursuant to Chapter 61 of this title, the 'Urban Redevelop ment Law.' (2) The governing authorities of any municipal corporation in this state having a popu lation of 350,000 or more according to the United States decennial census of 1980 or any future such census may authorize the mayor to execute contracts on behalf of such munici pal corporation for periods not exceeding 50 years and for valuable consideration with pub lic or private entities to support certificates of participation in a principal amount of not more than $100 million, which contracts shall be for the development, construction, leasing, subleasing, maintenance, or management of property or facilities used for criminal justice purposes and located within the downtown development area of such municipal corporation as defined in paragraph (3) of Code Section 36-42-3 and shall be binding on such municipal corporation and such authorities and their successors." Section 2. Said title is further amended by striking Code Section 36-30-12, relating to the closing of streets adjacent to or through institutions of higher learning in municipalities having a certain population, in its entirety and substituting in lieu thereof a new Code Sec tion 36-30-12 to read as follows: "36-30-12. In all municipal corporations of this state having a population of 350,000 or more according to the United States decennial census of 1980 or any future such census, the municipal authorities of such municipal corporations are authorized to close any municipal streets adjacent to or through institutions of higher learning during any hours in which the municipal authorities determine that it is in the best interest of the public safety and wel fare to do so. For the purposes of this Code section, 'public safety and welfare' shall be defined to include not only considerations of the flow of traffic, but may also include a determination that to close said streets during such hours will enhance police protection on said streets." Section 3. Said title is further amended by designating the present language of Code Section 36-31-2, relating to the minimum distance between proposed corporate boundaries and boundaries of existing municipal corporations generally, as subsection (a) thereof and by adding at the end thereof a new subsection (b) to read as follows: "(b) The provisions of this Code section shall not apply to any municipal corporation within a county having a population of 290,000 or more according to the United States decennial census of 1980 or any future such census which receives an original municipal charter subsequent to the enactment of this Act and prior to December 31, 1993." Section 4. Said title is further amended by striking paragraph (11) of Code Section 3641-3, relating to definitions applicable to the "Urban Residential Finance Authorities Act for Large Municipalities," in its entirety and substituting in lieu thereof a new paragraph (11) to read as follows: "(11) 'Municipality' means any municipal corporation of this state having a population of 350,000 or more according to the United States decennial census of 1980 or any future such census." Section 5. Said title is further amended by striking subsection (a) of Code Section 3660-10, relating to an annual meeting between representatives of certain cities and counties, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: "(a) Representatives of the governing authority of any county in this state which con tains the smaller portion of the population of a city with a total population of 350,000 or more according to the United States decennial census of 1970 or any future such census shall meet annually, prior to January 1, with representatives of the governing authority of 1462 JOURNAL OF THE SENATE such city to develop an agreement between the governing authorities on the following matters: (1) The services to be provided during the following calendar year by the county and by the city to the portion of the city that lies within the county; and (2) The method of dispatching services during the following calendar year to the por tion of the city that lies within the county. Agreement on this matter shall provide a uni form procedure for dispatching services and shall include an agreement as to all street ad dresses in such portion of the city." 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. The President announced that, pursuant to Senate Rule 143, consideration of HB 608 would be suspended and placed on the Senate General Calendar. The following resolution of the Senate was read and adopted: SR 284. By Senator Clay of the 37th: A resolution commending Miss Stephanie Jane Greene. Senator Clay of the 37th introduced Miss Stephanie Jane Greene, 1990 Miss Georgia National Pre-Teen. The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage: HB 609. By Representative Lane of the 27th: A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change the population requirements of those pro visions of said title applicable to municipalities having a population of 400,000 or more. Senate Sponsors: Senators Harris of the 27th and Scott of the 36th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Broun Burton Clay Collins Deal Dean Echols Egan English Foster Garner Gillis Harris Hasty Henson Hooks Huggins Johnson Kidd Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey THURSDAY, MARCH 7, 1991 1463 Ray Robinson Scott Shumake Tate Thompson Timmons Turner Walker of 43rd Those not voting were Senators: Bowen Coleman Dawkins Edge Hammill Hill Langford Olmstead Starr Steinberg Taylor Tysinger (excused) ,,, ,, ,, , Walker of 22nd White On the passage of the bill, the yeas were 42, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 611. By Representative Lane of the 27th: A bill to amend Code Section 50-5-184 of the Official Code of Georgia Annotated, relating to the coordination of joint use of public safety radio services owned or used by state, county, and municipal governments, so as to change the popula tion requirements of said Code section. Senate Sponsors: Senators Harris of the 27th and Scott of the 36th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Bowen Burton Collins Dawkins Dean Echols Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hooks Huggins Johnson Marable Moye Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Steinberg Tate Taylor Thompson Timmons Turner Walker of 22nd Walker of 43rd White Those not voting were Senators: Baldwin Bishop Broun Clay Coleman Deal Edge Hill Kidd Langford Newbill Shumake Starr Tysinger (excused) On the passage of the bill, the yeas were 42, nays 0. The bill, having received the requisite constitutional majority, was passed. 1464 JOURNAL OF THE SENATE HB 612. By Representative Lane of the 27th: A bill to repeal an Act providing for the creation and operation of city business improvement districts within municipalities having a population of more than 400,000 according to the United States decennial census of 1980, or any future such census. Senate Sponsors: Senators Harris of the 27th and Scott of the 36th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Clay Collins Dawkins Deal Dean Echols Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Johnson Kidd Langford Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate Taylor Thompson Timmons Turner Walker of 22nd Walker of 43rd White Those not voting were Senators: Coleman Edge Huggins Olmstead Tysinger (excused) On the passage of the bill, the yeas were 51, 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 274. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and others: A bill to amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to general matters relating to the Environmental Protection Division of the Department of Natural Resources, so as to provide for the appointment and removal of the director of such division; to create an Environmental Advisory Council. Senator Robinson of the 16th moved that the Senate recede from the Senate amend ment to HB 274. THURSDAY, MARCH 7, 1991 1465 On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun urton CC,, ooallyleimnsan Dawkins D ea [ Dean Echols Egan English Foster Gillis Hammill Harris Henson Hill Hooks Huggins J,po.ahrnasb,o.lne Move Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Thompson Timmons Turner Walker of 22nd Walker of 43rd White Those not voting were Senators: Edge Garner Hasty Kidd Langford Steinberg Tysinger (excused) On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate receded from the Senate amendment to HB 274. The following bill of the Senate was taken up for the purpose of considering the House substitute thereto: SB 347. By Senators Robinson of the 16th and Pollard of the 24th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to enhance the financial regulatory capabilities of the Commissioner of Insurance; to provide for insurer statement filings with the National Association of Insurance Commissioner; to provide for limited im munity in the use of information; to provide for confidentiality; to provide sanc tions; to establish methods of allowance of credit for reinsurance. The House substitute to SB 347 was as follows: A BILL To be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to comprehensively revise and enhance the financial regulatory capabilities of the Commissioner of Insurance; to revise the Commis sioner's authority to suspend immediately under certain conditions the certificate of author ity of an insurer; to provide for insurer statement filings with the National Association of Insurance Commissioner; to provide for limited immunity in the use of information; to pro vide for confidentiality; to provide sanctions; to establish methods of allowance of credit for reinsurance; to provide for compliance with Chapter 11 of said title with respect to the investments of insurers; to provide standards, definitions, procedures, and financial condi tions associated therewith; to provide a regulatory framework regarding certain acquisitions involving insurers and holding company systems; to provide exceptions; to provide for no tices and waiting periods; to provide competitive standards; to provide for orders of the Commissioner; to provide sanctions for violations; to modernize provisions governing trans actions between affiliates in holding company systems; to provide standards; to provide for 1466 JOURNAL OF THE SENATE the powers of the Commissioner over affiliate transactions; to revise and modernize compre hensively the regulatory framework concerning the rehabilitation, reorganization, conserva tion, and liquidation of insurers; to provide a short title; to provide for construction and purposes; to provide for application and definitions; to provide for the commencement and jurisdiction of delinquency proceedings; to provide for receivers and their powers and duties; to provide sanctions for failure to cooperate; to provide for application; to enumerate duties of insurers; to provide for filings, orders, and judicial review; to provide procedures associ ated thereto; to provide for the contents and grounds of petitions; to provide rehabilitation and liquidation procedures; to provide powers and duties of a liquidator; to provide for notices; to provide for action relative to fraudulent transactions, preferences, and claims; to provide for offsetting claims; to provide for the recovery of assets and receivables; to provide for disbursement of assets; to provide for claims; to provide priorities of distribution; to provide for court supervision; to provide for proceedings relative to foreign or alien insurers; to provide for powers and duties of ancillary receivers; to provide for court supervision and procedures; to provide for the regulation of managing general agents of insurers; to provide for licensure; to provide for contractual provisions; to provide for examinations and reviews; to provide for notices; to provide sanctions; to provide for construction; to provide a regula tory framework for business transacted with a producer controlled property and casualty insurer; to provide definitions; to provide for the governance of transactions; to provide for violations and procedures relative thereto; to provide for the regulation and licensure of reinsurance intermediaries; to provide definitions; to provide prohibitions; to provide for conditions of licensure; to provide for transactions and the duties of brokers and insurers; to provide for transactions and duties involving managers and reinsurers; to provide for exami nations and reviews; to provide sanctions; to provide for other matters relative to the forego ing; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, is amended by striking Code Section 33-3-18, which reads as follows: "33-3-18. The Commissioner may, without advance notice or a hearing thereon, suspend immediately the certificate of authority of any insurer as to which proceedings for receiver ship, conservatorship, rehabilitation, or other delinquency proceedings have been com menced in any state by the public insurance supervisory official of such state.", and inserting in its place a new Code Section 33-3-18 to read as follows: "33-3-18. The Commissioner may, without advance notice or a hearing thereon, suspend immediately the certificate of authority of any insurer: (1) As to which proceedings for receivership, conservatorship, rehabilitation, or other delinquency proceedings have been commenced in any state by the public insurance super visory official of such state; (2) Whose authority to do business in any state has been revoked, suspended, or re stricted in any way by the public insurance supervisory official of such state; or (3) If upon examination or at any other time it appears in the Commissioner's discre tion that: (A) The insurer's condition renders the continuance of its business hazardous to the public or to its insureds; (B) The insurer exceeded its powers granted under its certificate of authority and appli cable law; (C) The insurer has failed to comply with the applicable provisions of this title; (D) The business of the insurer is being conducted fraudulently; or (E) The insurer gives its consent." THURSDAY, MARCH 7, 1991 1467 Section 2. Said title is further amended by adding immediately following Code Section 33-3-21.2, relating to the analysis of certain loss and loss adjustment expense reserves, a new Code section, to be designated Code Section 33-3-21.3, to read as follows: "33-3-21.3. (a) This Code section shall apply to all domestic, foreign, and alien insurers who are authorized to transact business in this state. (b) (1) Each domestic, foreign, and alien insurer who is authorized to transact insurance in this state shall file annually on or before March 1 of each year with the National Associa tion of Insurance Commissioners a copy of its annual statement convention blank along with such additional filings as prescribed by the Commissioner for the preceding year. The infor mation filed with the National Association of Insurance Commissioners shall be in the same format and scope as that required by the Commissioner and shall include the signed jurat page and the actuarial certification. Any amendments and addendums to the annual state ment filing subsequently filed with the Commissioner shall also be filed with the National Association of Insurance Commissioners. (2) Foreign insurers that are domiciled in a state which has a law substantially similar to paragraph (1) of this subsection shall be deemed in compliance with this subsection. (c) In the absence of actual malice, members of the National Association of Insurance Commissioners; their duly authorized committees, subcommittees, and task forces; their del egates; employees of the National Association of Insurance Commissioners; and all others charged with the responsibility of collecting, reviewing, analyzing, and disseminating the information developed from the filing of the annual statement convention blanks shall be acting as agents of the Commissioner under the authority of this Code section and shall not be subject to civil liability for libel, slander, or any other cause of action by virtue of their collection, review, analysis, and dissemination of the data and information collected from the filings required under this Code section. (d) Notwithstanding any provision of Article 4 of Chapter 18 of Title 50 to the contrary, all financial analysis ratios and examination synopses concerning insurance companies that are submitted to the department with an expectation of confidentiality by the National As sociation of Insurance Commissioners' Insurance Regulatory Information System shall be confidential and may not be disclosed by the department. (e) The Commissioner may suspend, revoke, or refuse to renew the certificate of author ity of any insurer failing to file its annual statement when due or within any extension of time which the Commissioner, for good cause, may have granted." Section 3. Said title is further amended by striking Code Section 33-7-14, relating to the reinsurance of risks, in its entirety and inserting in its place a new Code Section 33-7-14 to read as follows: "33-7-14. (a) Credit for reinsurance shall be allowed a domestic ceding insurer as either an asset or a deduction from liability on account of reinsurance ceded only when the rein surer meets the requirements of paragraph (1), (2), (3), (4), or (5) of this subsection. If meeting the requirements of paragraph (3) or (4) of this subsection, the requirements of paragraph (6) of this subsection must also be met. (1) Credit shall be allowed when the reinsurance is ceded to an assuming insurer which is licensed to transact insurance or reinsurance in this state; (2) Credit shall be allowed when the reinsurance is ceded to an assuming insurer which is accredited as a reinsurer in this state. An accredited reinsurer is one which: (A) Files with the Commissioner evidence of its submission to this state's jurisdiction; (B) Submits to this state's authority to examine its books and records; (C) Is licensed to transact insurance or reinsurance in at least one state, or in the case of a United States branch of an alien assuming insurer is entered through and licensed to transact insurance or reinsurance in at least one state; and 1468 JOURNAL OF THE SENATE (D) Files annually with the Commissioner a copy of its annual statement filed with the insurance department of its state of domicile and a copy of its most recent audited financial statement and: (i) Maintains a surplus with regard to policyholders in an amount which is not less than $20 million and whose accreditation has not been denied by the Commissioner within 90 days of its submission; or (ii) Maintains a surplus with regard to policyholders in an amount less than $20 million and whose accreditation has been approved by the Commissioner. No credit shall be allowed a domestic ceding insurer if the assuming insurer's accreditation has been revoked by the Commissioner after notice and hearing; (3) Credit shall be allowed when the reinsurance is ceded to an assuming insurer which is domiciled and licensed in, or, in the case of a United States branch of an alien assuming insurer, is entered through a state which employs standards regarding credit for reinsurance substantially similar to those applicable under this Code section and the assuming insurer or United States branch of an alien assuming insurer: (A) Maintains a surplus with regard to policyholders in an amount not less than $20 million; and (B) Submits to the authority of this state to examine its books and records. Paragraph (1) of this subsection shall not apply to reinsurance ceded and assumed pursuant to pooling arrangements among insurers in the same holding company system; (4) (A) Credit shall be allowed when the reinsurance is ceded to an assuming insurer which maintains a trust fund in a qualified United States financial institution, as defined in paragraph (2) of subsection (c) of this Code section, for the payment of the valid claims of its United States policyholders and ceding insurers, their assigns, and successors in interest. The assuming insurer shall report annually to the Commissioner information substantially the same as that required to be reported on the National Association of Insurance Commis sioners Annual Statement form by licensed insurers to enable the Commissioner to deter mine the sufficiency of the trust fund. In the case of a single assuming insurer, the trust shall consist of a trusteed account representing the assuming insurer's liabilities attributable to business written in the United States and, in addition, the assuming insurer shall main tain a trusteed surplus of not less than $20 million. In the case of a group of individual unincorporated underwriters, the trust shall consist of a trusteed account representing the group's liabilities attributable to business written in the United States and, in addition, the group shall maintain a trusteed surplus of which $100 million shall be held jointly for the benefit of United States ceding insurers of any member of the group; and the group shall make available to the Commissioner an annual certification of the solvency of each under writer by the group's domiciliary regulator and its independent public accountants. (B) In the case of a group of incorporated insurers under common administration which complies with the filing requirements contained in subparagraph (A) of this paragraph and which has continuously transacted an insurance business outside the United States for at least three years immediately prior to making application for accreditation, and submits to this state's authority to examine its books and records and bears the expense of the exami nation, and which has aggregate policyholders' surplus of $10 billion; the trust shall be in an amount equal to the group's several liabilities attributable to business ceded by the United States ceding insurers to any member of the group pursuant to reinsurance contracts issued in the name of such group; plus the group shall maintain a joint trusteed surplus of which $100 million shall be held jointly for the benefit of United States ceding insurers of any member of the group as additional security for any such liabilities, and each member of the group shall make available to the Commissioner an annual certification of the member's solvency by the member's domiciliary regulator and its independent public accountant. (C) Such trust shall be established in a form approved by the Commissioner. The trust instruments shall provide that contested claims shall be valid and enforceable upon the final order of any court of competent jurisdiction in the United States. The trust shall vest legal THURSDAY, MARCH 7, 1991 1469 title to its assets in the trustees of the trust for its United States policyholders and ceding insurers, their assigns, and successors in interest. The trust and the assuming insurer shall be subject to examination as determined by the Commissioner. The trust must remain in effect for as long as the assuming insurer shall have outstanding obligations due under the reinsurance agreements subject to the trust. (D) No later than February 28 of each year the trustees of the trust shall report to the Commissioner in writing setting forth the balance of the trust and listing the trust's invest ments as of the end of the preceding year and shall certify the date of termination of the trust, if so planned, or certify that the trust shall not expire prior to the next following December 31; (5) Credit shall be allowed when the reinsurance is ceded to an assuming insurer not meeting the requirements of paragraph (1), (2), (3), or (4) of this subsection but only with respect to the insurance of risks located in jurisdictions where such reinsurance is required by applicable law or regulation of that jurisdiction; and (6) If the assuming insurer is not licensed or accredited to transact insurance or reinsur ance in this state, the credit permitted by paragraphs (3) and (4) of this subsection shall not be allowed unless the assuming insurer agrees in the reinsurance agreements: (A) That in the event of the failure of the assuming insurer to perform its obligations under the terms of the reinsurance agreement, the assuming insurer, at the request of the ceding insurer, shall submit to the jurisdiction of any court of competent jurisdiction in any state of the United States, will comply with all requirements necessary to give such court jurisdiction, and will abide by the final decision of such court or of any appellate court in the event of an appeal; and (B) To designate the Commissioner or a designated attorney as its true and lawful at torney upon whom may be served any lawful process in any action, suit, or proceeding insti tuted by or on behalf of the ceding company. This paragraph is not intended to conflict with or override the obligation of the parties to a reinsurance agreement to arbitrate their disputes, if such an obligation is created in the agreement. (b) A reduction from liability for the reinsurance ceded by a domestic insurer to an assuming insurer not meeting the requirements of subsection (a) of this Code section shall be allowed in an amount not exceeding the liabilities carried by the ceding insurer and such reduction shall be in the amount of funds held by or on behalf of the ceding insurer, includ ing funds held in trust for the ceding insurer, under a reinsurance contract with such assum ing insurer as security for the payment of obligations thereunder, if such security is held in the United States subject to withdrawal solely by, and under the exclusive control of, the ceding insurer; or, in the case of a trust, held in a qualified United States financial institu tion, as defined in paragraph (2) of subsection (c) of this Code section. This security may be in the form of: (1) Cash; (2) Securities listed by the Securities Valuation Office of the National Association of Insurance Commissioners and qualifying as admitted assets; (3) Clean, irrevocable, unconditional letters of credit, issued or confirmed by a qualified United States institution, as defined in paragraph (1) of subsection (c) of this Code section, no later than December 31 of the year for which filing is being made, and in the possession of the ceding company on or before the filing date of its annual statement. Letters of credit meeting applicable standards of issuer acceptability as of the dates of their issuance or con firmation shall, notwithstanding the issuing or confirming institution's subsequent failure to meet applicable standards of issuer acceptability, continue to be acceptable as security until their expiration, extension, renewal, modification, or amendment, whichever first occurs; or (4) Any other form of security acceptable to the Commissioner. 1470 JOURNAL OF THE SENATE (c) (1) For purposes of paragraph (3) of subsection (b) of this Code section, 'qualified United States financial institution' means an institution that: (A) Is organized or, in the case of a United States office of a foreign banking organiza tion, licensed under the laws of the United States or any state thereof; (B) Is regulated, supervised, and examined by the United States federal or state author ities having regulatory authority over banks and trust companies; and (C) Has been determined by either the Commissioner or the Securities Valuation Office of the National Association of Insurance Commissioners to meet such standards of financial condition and standing as are considered necessary and appropriate to regulate the quality of financial institutions whose letters of credit will be acceptable to the Commissioner. (2) A 'qualified United States financial institution' means, for the purposes of those provisions of this Code section specifying those institutions that are eligible to act as a fidu ciary of a trust, an institution that: (A) Is organized or, in the case of a United States branch or agency office of a foreign banking organization, licensed under the laws of the United States or any state thereof and has been granted authority to operate with fiduciary powers; and (B) Is regulated, supervised, and examined by federal or state authorities having regula tory authority over banks and trust companies." Section 4. Said title is further amended by adding at the end of Chapter 11, relating to investments of insurers, a new Code Section 33-11-43 to read as follows: "33-11-43. Notwithstanding any provision of the federal Secondary Mortgage Market Enhancement Act, 15 U.S.C. Section 77 r-1, to the contrary, any insurer subject to the pro visions of this title shall comply with all provisions, restrictions, and limitations concerning investments provided in this chapter." Section 5. Said title is further amended by adding immediately following Code Section 33-13-3, relating to the acquisition of control of or merger with a domestic insurer, a new Code section, to be designated Code Section 33-13-3.1, to read as follows: "33-13-3.1. (a) As used in this Code section, the term: (1) 'Acquisition' means any agreement, arrangement, or activity, the consummation of which results in a person acquiring directly or indirectly the control of another person and, includes, but is not limited to, the acquisition of voting securities, the acquisition of assets, bulk reinsurance, and mergers. (2) 'Involved insurer' includes an insurer which either acquires or is acquired, is affili ated with an acquirer or acquired, or is the result of a merger. (b) (1) Except as exempted in paragraph (2) of this subsection, this Code section ap plies to any acquisition in which there is a change in control of an insurer authorized to do business in this state. (2) This Code section shall not apply to the following: (A) An acquisition subject to approval or disapproval by the Commissioner pursuant to Code Section 33-13-3; (B) A purchase of securities solely for investment purposes so long as such securities are not used by voting or otherwise to cause or attempt to cause the substantial lessening of competition in any insurance market in this state. If a purchase of securities results in a presumption of control under paragraph (3) of Code Section 33-13-1, it is not solely for investment purposes unless the commissioner of the insurer's state of domicile accepts a disclaimer of control or affirmatively finds that control does not exist and such disclaimer action or affirmative finding is communicated by the domiciliary commissioner to the Com missioner of this state; (C) The acquisition of a person by another person when both persons are neither di- THURSDAY, MARCH 7, 1991 1471 rectly nor through affiliates primarily engaged in the business of insurance, if preacquisition notification is filed with the Commissioner in accordance with paragraph (1) of subsection (c) of this Code section 30 days prior to the proposed effective date of the acquisition. How ever, such preacquisition notification is not required for exclusion from this Code section if the acquisition would otherwise be excluded from this Code section by any other subparagraph of this paragraph; (D) The acquisition of already affiliated persons; (E) An acquisition if, as an immediate result of the acquisition: (i) In no market would the combined market share of the involved insurers exceed 5 percent of the total market; (ii) There would be no increase in any market share; or (iii) In no market would: (I) The combined market share of the involved insurers exceed 12 percent of the total market; and (II) The market share increases by more than 2 percent of the total market. For the purpose of this subparagraph, the term 'market' means a direct written insurance premium in this state for a line of business as contained in the annual statement required to be filed by insurers licensed to do business in this state; (F) An acquisition for which a preacquisition notification would be required pursuant to this Code section due solely to the resulting effect on the ocean marine insurance line of business; or (G) An acquisition of an insurer whose domiciliary commissioner affirmatively finds that such insurer is in failing condition; there is a lack of feasible alternative to improving such condition; the public benefits of improving such insurer's condition through the acqui sition exceed the public benefits that would arise from not lessening competition; and such findings are communicated by the domiciliary commissioner to the Commissioner of this state. (c) An acquisition covered by subsection (b) of this Code section may be subject to an order pursuant to subsection (e) of this Code section unless the acquiring person files a preacquisition notification and the waiting period has expired. The acquired person may file a preacquisition notification. The Commissioner shall give confidential treatment to infor mation submitted under this subsection in the same manner as provided in Code Section 33-13-7. (1) The preacquisition notification shall be in such form and contain such information as prescribed by the National Association of Insurance Commissioners relating to those markets which, under subparagraph (b)(2)(E) of this Code section, cause the acquisition not to be exempted from the provisions of this Code section. The Commissioner may require such additional material and information as he deems necessary to determine whether the proposed acquisition, if consummated, would violate the competitive standard of subsection (d) of this Code section. The required information may include an opinion of an economist as to the competitive impact of the acquisition in this state accompanied by a summary of the education and experience of such person indicating his or her ability to render an in formed opinion; and (2) The waiting period required shall begin on the date of receipt of the Commissioner of a preacquisition notification and shall end on the earlier of the thirtieth day after the date of such receipt or termination of the waiting period by the Commissioner. Prior to the end of the waiting period, the Commissioner on a one-time basis may require the submission of additional needed information relevant to the proposed acquisition, in which event the waiting period shall end on the earlier of the thirtieth day after receipt of such additional information by the Commissioner or termination of the waiting period by the Commissioner. 1472 JOURNAL OF THE SENATE (d) (1) The Commissioner may enter an order under paragraph (1) of subsection (e) of this Code section with respect to an acquisition if there is substantial evidence that the effect of the acquisition may be substantially to lessen competition in any line of insurance in this state or tend to create a monopoly therein or if the insurer fails to file adequate information in compliance with subsection (c) of this Code section. (2) In determining whether a proposed acquisition would violate the competitive stan dard of paragraph (1) of this subsection, the Commissioner shall consider the following: (A) Any acquisition covered under subsection (b) of this Code section involving two or more insurers competing in the same market is prima-facie evidence of violation of the com petitive standards: (i) If the market is highly concentrated and the involved insurers possess the following shares of the market: Insurer A Insurer B 4 percent 10 percent 15 percent 4 percent or more 2 percent or more 1 percent or more; or (ii) If the market is not highly concentrated and the involved insurers possess the fol lowing shares of the market: Insurer A Insurer B 5 percent 10 percent 15 percent 19 percent 5 percent or more 4 percent or more 3 percent or more 1 percent or more A highly concentrated market is one in which the share of the four largest insurers is 75 percent or more of the market. Percentages not shown in the tables are interpolated propor tionately to the percentages that are shown. If more than two insurers are involved, exceed ing the total of the two columns in the table is prima-facie evidence of violation of the competitive standard in paragraph (1) of this subsection. For the purpose of this subparagraph, the insurer with the largest share of the market shall be deemed to be Insurer A; (B) There is a significant trend toward increased concentration when the aggregate market share of any grouping of the largest insurers in the market, from the two largest to the eight largest, has increased by 7 percent or more of the market over a period of time extending from any base year five to ten years prior to the acquisition up to the time of the acquisition. Any acquisition or merger covered under subsection (b) of this Code section involving two or more insurers competing in the same market is prima-facie evidence of violation of the competitive standard in paragraph (1) of this subsection if: (i) There is a significant trend toward increased concentration in the market; (ii) One of the insurers involved is one of the insurers in a grouping of such large insur ers showing the requisite increase in the market share; and (iii) Another involved insurer's market is 2 percent or more; (C) For the purposes of this paragraph: (i) The term 'insurer' includes any company or group of companies under common management, ownership, or control; (ii) The term 'market' means the relevant product and geographical markets. In deter mining the relevant product and geographical markets, the Commissioner shall give due consideration to, among other things, the definitions or guidelines, if any, promulgated by the National Association of Insurance Commissioners and to information, if any, submitted by parties to the acquisition. In the absence of sufficient information to the contrary, the relevant product market is assumed to be the direct written insurance premium for a line of THURSDAY, MARCH 7, 1991 1473 business, such line being that used in the annual statement required to be filed by insurers doing business in this state, and the relevant geographical market is assumed to be this state; and (iii) The burden of showing prima-facie evidence of violation of the competitive stan dard rests upon the Commissioner; (D) Even though an acquisition is not prima-facie violative of the competitive standard under subparagraphs (A) and (B) of this paragraph, the Commissioner may establish the requisite anticompetitive effect based upon other substantial evidence. Even though an ac quisition is prima-facie violative of the competitive standard under subparagraphs (A) and (B) of this paragraph, a party may establish the absence of the requisite anticompetitive effect based upon other substantial evidence. Relevant factors in making a determination under this paragraph include, but are not limited to, the following: market shares, volatility of ranking of market leaders, number of competitors, concentration, trend of concentration in the industry, and ease of entry into the market and exit from the market. (3) An order may not be entered under paragraph (1) of subsection (e) of this Code section if: (A) The acquisition will yield substantial economies of scale or economies in resource utilization that cannot be feasibly achieved in any other way, and the public benefits which would arise from such economies exceed the public benefits which would arise from not lessening competition; or (B) The acquisition will substantially increase the availability of insurance, and the public benefits of such increase exceed the public benefits which would arise from not les sening competition. (e) (1) (A) If an acquisition violates the standards of this Code section, the Commis sioner may enter an order: (i) Requiring an involved insurer to cease and desist from doing business in this state with respect to the line or lines of insurance involved in the violation; or (ii) Denying the application of an acquired or acquiring insurer for a license to do busi ness in this state. (B) Such an order shall not be entered unless: (i) There is a hearing; (ii) Notice of such hearing is issued prior to the end of the waiting period and not less than 15 days prior to the hearing; and (iii) The hearing is concluded and the order is issued no later than 60 days after the end of the waiting period. Every order shall be accompanied by a written decision of the Com missioner setting forth his findings of fact and conclusions of law. (C) An order entered under this paragraph shall not become final earlier than 30 days after it is issued, during which time the involved insurer may submit a plan to remedy the anticompetitive impact of the acquisition within a reasonable time. Based upon such plan or other information, the Commissioner shall specify the conditions, if any, under the time period during which the aspects of the acquisition causing a violation of the standards of this Code section would be remedied and the order vacated or modified. (D) An order pursuant to this paragraph shall not apply if the acquisition is not consummated. (2) Any person who violates a cease and desist order of the Commissioner under para graph (1) of this subsection and while such order is in effect, may after notice and hearing and upon order of the Commissioner, be subject, at the discretion of the Commissioner, to any one or more of the following: (A) A monetary penalty of not more than $10,000.00 for every day of violation; or 1474 JOURNAL OF THE SENATE (B) Suspension or revocation of such person's license. (3) Any insurer or other person who fails to make any filing required by this subsection and who also fails to demonstrate a good faith effort to comply with any such filing require ment shall be subject to a fine of not more than $50,000.00." Section 6. Said title is further amended by striking Code Section 33-13-5, relating to standards governing transactions by registered insurers with affiliates generally, in its en tirely and inserting in its place a new Code Section 33-13-5 to read as follows: "33-13-5. (a) (1) Transactions within a holding company system to which an insurer subject to registration is a party shall be subject to the following standards: (A) The terms shall be fair and reasonable; (B) Charges or fees for services performed shall be reasonable; (C) Expenses incurred and payment received shall be allocated to the insurer in con formity with customary insurance accounting practices consistently applied; (D) The books, accounts, and records of each party to all such transactions shall be so maintained as to clearly and accurately disclose the nature and details of the transactions, including such accounting information as is necessary to support the reasonableness of the charges or fees to the respective parties; and (E) The insurer's surplus with regard to policyholders following any dividends or distri butions to shareholder affiliates shall be reasonable in relation to the insurer's outstanding liabilities and adequate to its financial needs. (2) The following transactions involving a domestic insurer and any person in its hold ing company system may not be entered into unless the insurer has notified the Commis sioner in writing of its intention to enter into such transaction at least 30 days prior thereto, or such shorter period as the Commissioner may permit, and the Commissioner has not disapproved it within such period: (A) Sales, purchases, exchanges, loans or extensions of credit, guarantees, or invest ments, provided such transactions are equal to or exceed: with respect to nonlife insurers, the lesser of 3 percent of the insurer's admitted assets or 25 percent of surplus as regards policyholders; or with respect to life insurers, 3 percent of the insurer's admitted assets; each as of December 31 next preceding; (B) Loans or extensions of credit to any person who is not an affiliate, where the insurer makes such loans or extensions of credit with the agreement or understanding that the pro ceeds of such transactions, in whole or in substantial part, are to be used to make loans or extensions of credit to, to purchase assets of, or to make investments in, any affiliate of the insurer making such loans or extensions of credit provided such transactions are equal to or exceed: with respect to nonlife insurers, the lesser of 3 percent of the insurer's admitted assets or 25 percent of surplus with regard to policyholders; or with respect to life insurers, 3 percent of the insurer's admitted assets; each as of December 31 next preceding; (C) Reinsurance agreements or modifications thereto in which the reinsurance premium or a change in the insurer's liabilities equals or exceeds 5 percent of the insurer's surplus with regard to policyholders, as of December 31 next preceding, including those agreements which may require as consideration the transfer of assets from an insurer to a nonaffiliate, if an agreement or understanding exists between the insurer and nonaffiliate that any portion of such assets will be transferred to one or more affiliates of the insurer; (D) All management agreements, service contracts, and all cost-sharing agreements; and (E) Any material transactions, specified by regulation, which the Commissioner deter mines may adversely affect the interests of the insurer's policyholders. Nothing contained in this paragraph shall be deemed to authorize or permit any transac tions which, in the case of an insurer who is not a member of the same holding company system, would be otherwise contrary to law. THURSDAY, MARCH 7, 1991 1475 (3) A domestic insurer may not enter into transactions which are part of a plan or series of like transactions with persons within the holding company system if the purpose of those separate transactions is to avoid the statutory threshold amount and thus avoid the review that would occur otherwise. If the Commissioner determines that such separate transactions were entered into over any 12 month period for such purpose, he may exercise his authority under Code Section 33-13-9 or Code Section 33-13-100. (4) The Commissioner, in reviewing transactions pursuant to paragraph (2) of this sub section, shall consider whether the transactions comply with the standards set forth in para graph (1) of this subsection and whether they may adversely affect the interests of policyholders. (5) The Commissioner shall be notified within 30 days of any investment of the domes tic insurer in any one corporation if the total investment in such corporation by the insur ance holding company system exceeds 10 percent of such corporation's voting securities. (b) (1) No domestic insurer shall apply any extraordinary dividend or make any other extraordinary distribution to its shareholders until 30 days after the Commissioner has re ceived notice of the declaration thereof and has not within such period disapproved such payment, or the Commissioner shall have approved such payment within such 30 day period. (2) For the purposes of this subsection, an extraordinary dividend or distribution in cludes any dividend or distribution of cash or other property, whose fair market value to gether with that of other dividends or distributions made within the preceding 12 months exceeds the lesser of 10 percent of such insurer's surplus with regard to policyholders as of December 31 next preceding, or the net gain from operations of such insurer, if such insurer is a life insurer, or the net income, if such insurer is not a life insurer, not including realized capital gains, for the 12 month period ending December 31 next preceding, but shall not include pro rata distributions of any class of the insurer's own securities. In determining whether a dividend or distribution is extraordinary, an insurer other than a life insurer may carry forward net income from the previous two calendar years that has not already been paid out as dividends. This carry forward shall be computed by taking the net income from the second and third preceding calendar years, not including realized capital gains, less divi dends paid in the second and immediate preceding calendar years. (3) Notwithstanding any other provision of law, an insurer may declare an extraordi nary dividend or distribution which is conditional upon the Commissioner's approval thereof, and such a declaration shall confer no rights upon shareholders until the commis sioner has approved the payment of such a dividend or distribution or the commissioner has not disapproved such payment within the 30 day period referred to in paragraph (1) of this subsection. (c) For purposes of this chapter, in determining whether an insurer's surplus with re gard to policyholders is reasonable in relation to the insurer's outstanding liabilities and adequate to its financial needs, the following factors, among others, shall be considered: (1) The size of the insurer as measured by its assets, capital and surplus, reserves, pre mium writings, insurance in force, and other appropriate criteria; (2) The extent to which the insurer's business is diversified among the several lines of insurance; (3) The number and size of risks insured in each line of business; (4) The extent of the geographical dispersion of the insurer's insured risks; (5) The nature and extent of the insurer's reinsurance program; (6) The quality, diversification, and liquidity of the insurer's investment portfolio; (7) The recent past and projected future trend in the size of the insurer's investment portfolio; 1476 JOURNAL OF THE SENATE (8) The surplus with regard to policyholders maintained by other comparable insurers; (9) The adequacy of the insurer's reserves; and (10) The quality and liquidity of investments in affiliates. The Commissioner may treat any such investment as a disallowed asset for purposes of determining the adequacy of sur plus with regard to policyholders whenever in his judgment such investment so warrant." Section 7. Said title is further amended by striking Chapter 37, relating to rehabilita tion, reorganization, conservation, and liquidation of insurers, in its entirely and inserting in its place a new Chapter 37 to read as follows: "CHAPTER 37 ARTICLE 1 33-37-1. (a) This chapter shall be known and may be cited as the 'Insurers Rehabilita tion and Liquidation Act.' (b) This chapter shall not be interpreted to limit the powers granted the Commissioner by other provisions of law. (c) This chapter shall be liberally construed to effect the purpose stated in subsection (d) of this Code section. (d) The purpose of this chapter is the protection of the interests of insureds, claimants, creditors, and the public generally, with minimum interferance with the normal prerogatives of the owners and managers of insurers, through: (1) Early detection of any potentially dangerous condition in an insurer and prompt application of appropriate corrective measures; (2) Improved methods for rehabilitating insurers, involving the cooperation and man agement expertise of the insurance industry; (3) Enhanced efficiency and economy of liquidation, through clarification of the law, to minimize legal uncertainty and litigation; (4) Equitable apportionment of any unavoidable loss; (5) Lessening the problems of interstate rehabilitation and liquidation by facilitating cooperation between states in the liquidation process and by extending the scope of per sonal jurisdiction over debtors of the insurer outside this state; (6) Regulation of the insurance business by the impact of the law relating to delin quency procedures and substantive rules on the entire insurance business; and (7) Providing for a comprehensive scheme for the rehabilitation and liquidation of in surance companies and those subject to this chapter as part of the regulation of the business of insurance, insurance industry, and insurers in this state. Proceedings in cases of insurer insolvency and delinquency are deemed an integral aspect of the business of insurance and are of vital public interest and concern. 33-37-2. The proceedings authorized by this chapter may be applied to: (1) All insurers who are doing or have done an insurance business in this state and against whom claims arising from that business may exist now or in the future; (2) All insurers who purport to do an insurance business in this state; (3) All insurers who have insureds resident in this state; (4) All other persons organized or in the process of organizing with the intent to do an insurance business in this state; (5) All nonprofit service plans and all fraternal benefit societies; (6) All title insurance companies; and THURSDAY, MARCH 7, 1991 1477 (7) All prepaid health care delivery plans, health care plans, and health maintenance organizations. 33-37-3. As used in this chapter, the term: (1) 'Ancillary state' means any state other than a domiciliary state. (2) 'Commissioner' means the Commissioner of Insurance. (3) 'Creditor' means a person having any claim, whether matured or unmatured, liqui dated or unliquidated, secured or unsecured, absolute, fixed, or contingent. (4) 'Delinquency proceeding' means any proceeding instituted against an insurer for the purpose of liquidating, rehabilitating, reorganizing, or conserving such insurer and any sum mary proceeding under Code Section 33-37-9. 'Formal delinquency proceeding' means any liquidation or rehabilitation proceeding. (5) 'Doing business' includes any of the following acts, whether effected by mail or otherwise: (A) The issuance or delivery of contracts of insurance to persons resident in this state; (B) The solicitation of applications for such contracts or other negotiations preliminary to the execution of such contracts; (C) The collection of premiums, membership fees, assessments, or other consideration for such contracts; (D) The transaction of matters subsequent to execution of such contracts and arising out of them; or (E) Operating under a license or certificate of authority, as an insurer, issued by the Insurance Department. (6) 'Domiciliary state' means the state in which an insurer is incorporated or organized; or, in the case of an alien insurer, its state of entry. (7) 'Fair consideration' means: (A) When in exchange for property or obligation as a fair equivalent therefor and in good faith, property is conveyed, services are rendered, an obligation is incurred, or an ante cedent debt is satisfied; or (B) When property or obligation is received in good faith to secure a present advance or antecedent, debt in amount not disproportionately small as compared to the value of the property or obligation obtained. (8) 'Foreign country' means any other jurisdiction not in any state. (9) 'General assets' means all property, real, personal, or otherwise, not specifically mortgaged, pledged, deposited, or otherwise encumbered for the security or benefit of speci fied persons or classes of persons. As to specifically encumbered property, 'general assets' includes all such property or its proceeds in excess of the amount necessary to discharge the sum or sums secured thereby. Assets held in trust and on deposit for the security or benefit of all policyholders or all policyholders and creditors in more than a single state shall be treated as general assets. (10) 'Guaranty association' means the Georgia Insurers Insolvency Pool created by Chapter 36 of this title, the Georgia Life and Health Insurance Guaranty Association cre ated by Chapter 38 of this title, and any other similar entity now or hereafter created by the General Assembly for the payment of claims of insolvent insurers. 'Foreign guaranty associ ation' means any similar entities now in existence in or hereafter created by the legislature of any other state. 1478 JOURNAL OF THE SENATE (11) 'Insolvency' or 'insolvent' means: (A) For an insurer issuing only assessable fire insurance policies: (i) The inability to pay any obligation within 30 days after it becomes payable; or (ii) If an assessment is made within 30 days after an obligation becomes payable, the inability to pay such obligation 30 days following the date specified in the first assessment notice issued after the date of loss; (B) For any other insurer, the inability to pay its obligations when they are due, or when its admitted assets do not exceed its liabilities plus the greater of: (i) Any capital and surplus required by law for its organization; or (11) The total par or stated value of its authorized and issued capital stock; and (C) As to any insurer licensed to do business in this state as of July 1, 1991, which does not meet the standard established under subparagraph (B) of this paragraph, for a period not to exceed three years from July 1, 1991, the inability to pay its obligations when they are due or that its admitted assets do not exceed its liabilities plus any required capital contribution ordered by the Commissioner under provisions of this title. For purposes of this paragraph, 'liabilities' shall include, but not be limited to, reserves required by statute or by regulations or specific requirements imposed by the Commissioner upon a subject company at the time of admission or subsequent thereto. (12) 'Insurer' means any person who has done, purports to do, is doing, or is licensed to do an insurance business and is or has been subject to liquidation, rehabilitation, reorgani zation, supervision, the authority of, or conservation by any state insurance regulatory offi cial. For purposes of this chapter, any other persons included under Code Section 33-37-2 shall be deemed to be insurers. (13) 'Preferred claim' means any claim with respect to which the terms of this chapter accord priority of payment from the general assets of the insurer. (14) 'Receiver' means receiver, liquidator, rehabilitator, or conservator as the context requires. (15) 'Reciprocal state' means any state other than this state in which in substance and effect Code Sections 33-37-17, 33-37-51, 33-37-52, and 33-37-54 through 33-37-56 are in force, and in which provisions are in force requiring that the commissioner or equivalent official be the receiver of a delinquent insurer, and in which some provision exists for the avoidance of fraudulent conveyances and preferential transfers. (16) 'Secured claim' means any claim secured by mortgage, trust deed, pledge, deposit as security, escrow, or otherwise, but not including special deposit claims or claims against general assets. The term also includes claims which have become liens upon specific assets by reason of judicial process. (17) 'Special deposit claim' means any claim secured by a deposit made pursuant to statute for the security or benefit of a limited class or classes of persons, but not including any claim secured by general assets. (18) 'State' means any state, district, or territory of the United States. (19) 'Transfer' shall include the sale and every other and different mode, direct or indi rect, of disposing of or of parting with property, an interest therein, the possession thereof or of fixing a lien upon property or upon an interest therein, whether absolutely or condi tionally, voluntarily, or by or without judicial proceedings. The retention of a security title to property delivered to a debtor shall be deemed a transfer suffered by the debtor. 33-37-4. (a) No delinquency proceeding shall be commenced under this chapter by any one other than the Commissioner, and no court shall have jurisdiction to entertain, hear, or determine any proceeding commenced by any other person. (b) No court of this state shall have jurisdiction to entertain, hear, or determine any THURSDAY, MARCH 7, 1991 1479 complaint praying for the dissolution, liquidation, rehabilitation, sequestration, conserva tion, or receivership of any insurer; or praying for an injunction or restraining order or other relief preliminary to, incidental to or relating to such proceedings other than in accordance with this chapter. (c) In addition to other grounds for jurisdiction provided by the law of this state, a court of this state having jurisdiction of the subject matter has jurisdiction over a person served pursuant to Code Section 9-11-4 or other applicable provisions of law in an action brought by the receiver of a domestic insurer or an alien insurer domiciled in this state: (1) If the person served is an agent, broker, or other person who has at any time written policies of insurance for or has acted in any manner whatsoever on behalf of an insurer against which a delinquency proceeding has been instituted, in any action resulting from or incident to such a relationship with the insurer; (2) If the person served is a reinsurer who has at any time entered into a contract of reinsurance with an insurer against which a delinquency proceeding has been instituted or is an agent or broker of or for the reinsurer, in any action on or incident to the reinsurance contract; (3) If the person served is or has been an officer, director, manager, trustee, organizer, promoter, or other person in a position of comparable authority or influence over an insurer against which a delinquency proceeding has been instituted, in any action resulting from or incident to such a relationship with the insurer; (4) If the person served is or was at the time of the institution of the delinquency proceeding against the insurer holding assets in which the receiver claims an interest on behalf of the insurer, in any action concerning the assets; or (5) If the person served is obligated to the insurer in any way whatsoever, in any action on or incident to the obligation. (d) If the court on motion of any party finds that any action should as a matter of substantial justice be tried in a forum outside this state, the court may enter an appropriate order to stay further proceedings on the action in this state. (e) Any action authorized in this Code section shall be brought in the Superior Court of Fulton County. 33-37-5. (a) Any receiver appointed in a proceeding under this chapter may at any time apply for, and any court of general jurisdiction may grant, such restraining orders, prelimi nary and permanent injunctions, and other orders as may be deemed necessary and proper to prevent; (1) The transaction of further business; (2) The transfer of property; (3) Interference with the receiver or with a proceeding under this chapter; (4) Waste of the insurer's assets; (5) Dissipation and transfer of bank accounts; (6) The institution or further prosecution of any actions or proceedings; (7) The obtaining of preferences, judgments, attachments, garnishments, or liens against the insurer, its assets, or its policyholders; (8) The levying of execution against the insurer, its assets or its policyholders; (9) The making of any sale or deed for nonpayment of taxes or assessments that would lessen the value of the assets of the insurer; (10) The withholding from the receiver of books, accounts, documents, or other records relating to the business of the insurer; or (11) Any other threatened or contemplated action that might lessen the value of the 1480 JOURNAL OF THE SENATE insurer's assets or prejudice the rights of policyholders, creditors, or shareholders, or the administration of any proceeding under this chapter. (b) The receiver may apply to any court outside of the state for the relief described in subsection (a) of this Code section. 33-37-6. (a) Any officer, manager, director, trustee, owner, employee, or agent of any insurer or any other persons with authority over or in charge of any segment of the insurer's affairs shall cooperate with the Commissioner in any proceeding under this chapter or any investigation preliminary to the proceeding. The term 'person' as used in this Code section shall include any person who exercises control directly or indirectly over activities of the insurer through any holding company or other affiliate of the insurer. 'To cooperate' shall include, but shall not be limited to, the following: (1) To reply promptly in writing to any inquiry from the Commissioner requesting such a reply; and (2) To make available to the Commissioner any books, accounts, documents, or other records or information or property of or pertaining to the insurer and in his possession, custody, or control. (b) No person shall obstruct or interfere with the Commissioner in the conduct of any delinquency proceeding or any investigation preliminary or incidental thereto. (c) This Code section shall not be construed to abridge otherwise existing legal rights, including the right to resist a petition for liquidation or other delinquency proceedings or other orders. (d) Any person included within subsection (a) of this Code section who fails to cooper ate with the Commissioner, or any person who obstructs or interferes with the Commis sioner in the conduct of any delinquency proceeding or any investigation preliminary or incidental thereto, or who violates any order the Commissioner issued validly under this chapter may: (1) Be sentenced to pay a fine not exceeding $10,000.00 or to undergo imprisonment for a term of not more than one year, or both; or (2) After a hearing, be subject to the imposition by the Commissioner of a civil penalty not to exceed $10,000.00 and shall be subject further to the revocation or suspension of any insurance licenses issued by the Commissioner. 33-37-7. Every proceeding commenced under the laws in effect before July 1, 1991, shall be deemed to have commenced under this chapter for the purpose of conducting the pro ceeding in this chapter, except that in the discretion of the Commissioner the proceeding may be continued, in whole or in part, as it would have been continued had this chapter not been enacted. 33-37-8. No insurer that is subject to any delinquency proceedings, whether formal or informal, administrative or judicial, shall: (1) Be released from such proceeding, unless such proceeding is converted into a judi cial rehabilitation or liquidation proceeding; (2) Be permitted to solicit or accept new business or request or accept the restoration of any suspended or revoked license or certificate of authority; (3) Be returned to the control of its shareholders or private management; or (4) Have any of its assets returned to the control of its shareholders or private manage ment until all payments of or on account of the insurer's contractual obligations by all guar anty associations, along with all expenses thereof and interest on all such payments and expenses, shall have been repaid to the guaranty associations or a plan of repayment by the insurer shall have been approved by the guaranty association. THURSDAY, MARCH 7, 1991 1481 ARTICLE 2 33-37-9. (a) The Commissioner may file in the superior court of the county in which the insurer is domiciled or in the Superior Court of Fulton County a petition alleging, with respect to a domestic insurer: (1) That there exists any grounds that would justify a court order for a formal delin quency proceeding against an insurer under this chapter; (2) That the interests of policyholders, creditors, or the public will be endangered by delay; and (3) The contents of an order deemed necessary by the Commissioner. (b) Upon a filing under subsection (a) of this Code section, the court may issue forth with, ex parte, and without a hearing the requested order which shall direct the Commis sioner to take possession and control of all or a part of the property, books, accounts, docu ments, and other records of an insurer and of the premises occupied by it for transaction of its business and until further order of the court, enjoin the insurer and its officers, manag ers, agents, and employees from disposition of its property and from the transaction of its business except with the written consent of the Commissioner. (c) The court shall specify in the order what its duration shall be which shall be such time as the court deems necessary for the Commissioner to ascertain the condition of the insurer. On motion of either party or on its own motion, the court may from time to time hold such hearings as it deems desirable after such notice as it deems appropriate and may extend, shorten, or modify the terms of the seizure order. The court shall vacate the seizure order if the Commissioner fails to commence a formal proceeding under this chapter after having had a reasonable opportunity to do so. An order of the court pursuant to a formal proceeding under this chapter shall ipso facto vacate the seizure order. (d) Entry of a seizure order under this Code section shall not constitute an anticipatory breach of any contract of the insurer. (e) An insurer subject to an ex parte order under this Code section may petition the court at any time after the issuance of such order for a hearing and review of the order. The court shall hold such a hearing and review not more than 15 days after the request. A hear ing under this subsection may be held privately in chambers and it shall be so held if the insurer proceeded against so requests. (f) If, at any time after the issuance of such an order, it appears to the court that any person whose interest is or will be substantially affected by the order did not appear at the hearing and has not been served, the court may order that notice be given. An order that notice be given shall not stay the effect of any order previously issued by the court. 33-37-10. In all proceedings and judicial reviews thereof under Code Section 33-37-9, all records of the insurer, other documents, and all Insurance Department files and court records and papers, so far as they pertain to or are a part of the record of the proceedings, shall be and remain confidential except as is necessary to obtain compliance therewith, un less and until the court, after hearing arguments from the parties in chambers, shall order otherwise or unless the insurer requests that the matter be made public. Until such court order, all papers filed with the clerk of the superior court shall be held by him in a confiden tial file. ARTICLE 3 33-37-11. The Commissioner may apply by petition to the Superior Court of Fulton County for an order authorizing him to rehabilitate a domestic insurer or an alien insurer domiciled in this state on any one or more of the following grounds: (1) The insurer is in such condition that the further transaction of business would be hazardous financially to its policyholders, creditors, or the public; (2) There is reasonable cause to believe that there has been embezzlement from the 1482 JOURNAL OF THE SENATE insurer, wrongful sequestration or diversion of the insurer's assets, forgery or fraud affecting the insurer, or other illegal conduct in, by, or with respect to the insurer that if established would endanger assets in an amount threatening the solvency of the insurer; (3) The insurer has failed to remove any person who in fact has executive authority in the insurer, whether an officer, manager, general agent, employee, or other person, if the person has been found after notice and hearing by the Commissioner to be dishonest or untrustworthy in a way affecting the insurer's business; (4) Control of the insurer, whether by stock ownership or otherwise, and whether direct or indirect, is in a person or persons found after notice and hearing to be untrustworthy; (5) Any person who in fact has executive authority in the insurer, whether an officer, manager, general agent, director, trustee, employee, or other person, has refused to be ex amined under oath by the Commissioner concerning its affairs, whether in this state or else where, and after reasonable notice of the fact, the insurer has failed promptly and effec tively to terminate the employment and status of the person and all his influence on management; (6) After demand by the Commissioner under Code Section 33-2-11 or under this chap ter, the insurer has failed promptly to make available for examination any of its own prop erty, books, accounts, documents, or other records or those of any subsidiary or related com pany within the control of the insurer or those of any person having executive authority in the insurer so far as they pertain to the insurer; (7) Without first obtaining the written consent of the Commissioner, the insurer has transferred, or attempted to transfer, in a manner contrary to Chapter 13 of this title, sub stantially its entire property or business or has entered into any transaction the effect of which is to merge, consolidate, or reinsure substantially its entire property or business in or with the property or business of any other person; (8) The insurer or its property has been or is the subject of an application for the appointment of a receiver, trustee, custodian, conservator, or sequestrator, or similar fiduci ary of the insurer or its property otherwise than as authorized under the insurance laws of this state, and such appointment has been made or is imminent, and such appointment might oust the courts of this state of jurisdiction or might prejudice orderly delinquency proceedings under this chapter; (9) Within the previous four years the insurer has willfully violated its charter or arti cles of incorporation, its bylaws, any provision of this title, or any valid order of the Commissioner; (10) The insurer has failed to pay within 60 days after due date any obligation to any state or any subdivision thereof or any judgment entered in any state, if the court in which such judgment was entered had jurisdiction over such subject matter except that such non payment shall not be a ground until 60 days after any good faith effort by the insurer to contest the obligation has been terminated, whether it is before the Commissioner or in the courts, or the insurer has systematically attempted to compromise or renegotiate previously agreed settlements with its creditors on the ground that it is financially unable to pay its obligations in full; (11) The insurer has failed to file its annual report or other financial report required by statute within the time allowed by law and, after written demand by the Commissioner, has failed to given an adequate explanation immediately; or (12) The board of directors or the holders of a majority of the shares entitled to vote or a majority of those individuals entitled to the control of insurers request or consent to reha bilitation under this chapter. 33-37-12. (a) An order to rehabilitate the business of a domestic insurer, or an alien insurer domiciled in this state, shall appoint the Commissioner and his successors in office the rehabilitator and shall direct the rehabilitator forthwith to take possession of the assets of the insurer and to administer them under the general supervision of the court. The filing THURSDAY, MARCH 7, 1991 1483 or recording of the order with the clerk of the superior court or recorder of deeds of the county in which the principal business of the company is conducted, or the county in which its principal office or place of business is located, shall impart the same notice as a deed, bill of sale, or other evidence of title duly filed or recorded with that recorder of deeds would have imparted. The order to rehabilitate the insurer shall by operation of law vest title to all assets of the insurer in the rehabilitator. (b) Any order issued under this Code section shall require accountings to the court by the rehabilitator. Accountings shall be at such intervals as the court specifies in its order, but no less frequently than semiannually. Each accounting shall include a report concerning the rehabilitator's opinion as to the likelihood that a plan under subsection (d) of Code Section 33-37-13 will be prepared by the rehabilitator and the timetable for doing so. (c) Entry of an order of rehabilitation shall not constitute an anticipatory breach of any contracts of the insurer nor shall it be grounds for retroactive revocation of retroactive can cellation of any contracts of the insurer, unless such revocation or cancellation is done by the rehabilitator pursuant to Code Section 33-37-13. 33-37-13. (a) The Commissioner as rehabilitator may appoint one or more special depu ties who shall have all the powers and responsibilities of the rehabilitator granted under this Code section, and the Commissioner may employ such clerks and assistants as deemed nec essary. The compensation of the special deputy, clerks, and assistants and all expenses of taking possession of the insurer and of conducting the proceedings shall be fixed by the Commissioner with the approval of the court and shall be paid out of the funds or assets of the insurer. The persons appointed under this Code section shall serve at the pleasure of the Commissioner. The Commissioner, as rehabilitator, may, with the approval of the court, appoint an advisory committee of policyholders, claimants, or other creditors including guaranty associations should such a committee be deemed necessary. Such committee shall serve at the pleasure of the Commissioner and shall serve without compensation other than reimbursement for reasonable travel and per diem living expenses. No other committee of any nature shall be appointed by the Commissioner or the court in rehabilitation proceed ings conducted under this chapter. (b) In the event that the property of the insurer does not contain sufficient cash or liquid assets to defray the costs incurred, the Commissioner may advance the costs so in curred out of any appropriation for the maintenance of the insurance department. Any amounts so advanced for expenses of administration shall be repaid to the Commissioner for the use of the insurance department out of the first available money of the insurer. (c) The rehabilitator may take such action as he deems necessary or appropriate to reform and revitalize the insurer. He shall have all the powers of the directors, officers, and managers whose authority shall be suspended, except as they are redelegated by the rehabilitator. He shall have full power to direct and manage, to hire and discharge employ ees subject to any contract rights they may have, and to deal with the property and business of the insurer. (d) If it appears to the rehabilitator that there has been criminal or tortious conduct, or breach of any contractual or fiduciary obligation detrimental to the insurer by any officer, manager, agent, broker, employee, or other person, he may pursue all appropriate legal rem edies on behalf of the insurer. (e) If the rehabilitator determines that reorganization, consolidation, conversion, rein surance, merger, or other transformation of the insurer is appropriate, he shall prepare a plan to effect such changes. Upon application of the rehabilitator for approval of the plan, and after such notice and hearings as the court may prescribe, the court may either approve or disapprove the plan proposed, or may modify it and approve it as modified. Any plan approved under this Code section shall be, in the judgment of the court, fair and equitable to all parties concerned. If the plan is approved, the rehabilitator shall carry out the plan. In the case of a life insurer, the plan proposed may include the imposition of liens upon the policies of the company if all rights of shareholders are first relinquished. A plan for a life 1484 JOURNAL OF THE SENATE insurer may also propose imposition of a moratorium upon loan and cash surrender rights under policies for such period and to such an extent as may be necessary. (f) The rehabilitator shall have the power under Code Sections 33-37-25 and 33-37-26 to avoid fraudulent transfers. 33-37-14. (a) Any court in this state before which any action or proceeding in which the insurer is a party, or is obligated to defend a party, is pending when a rehabilitation order against the insurer is entered shall stay the action or proceeding for 90 days and such addi tional time as is necessary for the rehabilitator to obtain proper representation and prepare for further proceedings. The rehabilitator shall take such action respecting the pending liti gation as he deems necessary in the interests of justice and for the protection of creditors, policyholders, and the public. The rehabilitator shall immediately consider all litigation pending outside this state and shall petition the courts having jurisdiction over that litiga tion for stays whenever necessary to protect the estate of the insurer. (b) No statute of limitations or defense of laches shall run with respect to any action by or against an insurer between the filing of a petition for appointment of a rehabilitator for that insurer and the order granting or denying that petition. Any action against the insurer that might have been commenced when the petition was filed may be commenced for at least 60 days after the order of rehabilitation is entered or the petition is denied. The rehabilitator may, upon an order for rehabilitation, within one year or such other longer time as applicable law may permit, institute an action or proceeding on behalf of the insurer upon any cause of action against which the period of limitation fixed by applicable law has not expired at the time of the filing of the petition upon which such order is entered. (c) Any guaranty association or foreign guaranty association covering life or health in surance or annuities shall have standing to appear in any court proceeding concerning the rehabilitation of a life or health insurer if such association is or may become liable to act as a result of the rehabilitation. 33-37-15. (a) Whenever the Commissioner believes further attempts to rehabilitate an insurer would substantially increase the risk of loss to creditors, policyholders, or the public or would be futile the Commissioner may petition the superior court for an order of liquida tion. A petition under this subsection shall have the same effect as a petition under Code Section 33-37-16. The superior court shall permit the directors of the insurer to take such actions as are reasonably necessary to defend against the petition and may order payment from the estate of the insurer or such costs and other expenses of defense as justice may require. (b) The protection of the interests of insureds, claimants, and the public requires the timely performance of all insurance policy obligations. If the payment of policy obligations is suspended in substantial part for a period of six months at any time after the appoint ment of the rehabilitator and the rehabilitator has not filed an application for approval of a plan under subsection (d) of Code Section 33-37-13, the rehabilitator shall petition the court for an order of liquidation on grounds of insolvency. (c) The rehabilitator may at any time petition the superior court for an order terminat ing rehabilitation of an insurer. The court shall also permit the directors of the insurer to petition the court for an order terminating rehabilitation of the insurer and may order pay ment from the estate of the insurer of such costs and other expenses of such petition as justice may require. If the superior court finds that rehabilitation has been accomplished and that grounds for rehabilitation under Code Section 33-37-11 no longer exist, it shall order that the insurer be restored to possession of its property and the control of the busi ness. The superior court may also make that finding and issue that order at any time upon its own motion. 33-37-16. The Commissioner may petition the superior court for an order directing him to liquidate a domestic insurer or an alien insurer domiciled in this state on the basis: (1) Of any ground for an order of rehabilitation as specified in Code Section 33-37-11, whether or not there has been a prior order directing the rehabilitation of the insurer; THURSDAY, MARCH 7, 1991 1485 (2) That the insurer is insolvent; or (3) That the insurer is in such condition that the further transaction of business would be hazardous, financially or otherwise, to its policyholders, its creditors, or the public. 33-37-17. (a) An order to liquidate the business of a domestic insurer shall appoint the Commissioner and his successors in office liquidator and shall direct the liquidator forthwith to take possession of the assets of the insurer and to administer them under the general supervision of the court. The liquidator shall be vested by operation of law with the title to all of the property, contracts, and rights of action, and all of the books and records of the insurer ordered liquidated, wherever located, as of the entry of the final order of liquidation. The filing or recording of the order with the clerk of the superior court and the recorder of deeds of the county in which its principal office or place or business is located, or, in the case of real estate, with the recorder of deeds of the county where the property is located, shall impart the same notice as a deed, bill of sale, or other evidence of title duly filed or recorded with that recorder of deeds would have imparted. - (b) Upon issuance of the order, the rights and liabilities of any such insurer and of its creditors, policyholders, shareholders, members, and all other persons interested in its estate shall become fixed as of the date of entry of the order of liquidation, except as provided in Code Sections 33-37-18 and 33-37-36. (c) An order to liquidate the business of an alien insurer domiciled in this state shall be in the same terms and have the same legal effect as an order to liquidate a domestic insurer, except that the assets and the business in the United States shall be the only assets and business included therein. (d) At the time of petitioning for an order of liquidation, or at any time thereafter, the Commissioner, after making appropriate findings of an insurer's insolvency, may petition the court for a judicial declaration of such insolvency. After providing such notice and hear ing as it deems proper, the court may make the declaration. (e) Any order issued under this Code section shall require financial reports to the court by the liquidator. Financial reports shall include at a minimum the assets and liabilities of the insurer and all funds received or disbursed by the liquidator during the current period. Financial reports shall be filed within one year of the liquidation order and at least annually thereafter. (f) (1) Within ten days of July 1, 1991, or, if later, within five days after the initiation of an appeal of an order of liquidation, which order has not been stayed, the Commissioner shall present for the court's approval a plan for the continued performance of the defendant company's policy claims obligations, including the duty to defend insureds under liability insurance policies, during the pendency of an appeal. Such plan shall provide for the contin ued performance and payment of policy claims obligations in the normal course of events, notwithstanding the grounds alleged in support of the order of liquidation including the ground of insolvency. In the event the defendant company's financial condition will not, in the judgment of the Commissioner, support the full performance of all policy claims obliga tions during the appeal pendency period, the plan may prefer the claims of certain policyholders and claimants over creditors and interested parties as well as other policyholders and claimants as the Commissioner finds to be fair and equitable considering the relative circumstances of such policyholders and claimants. The court shall examine the plan sub mitted by the Commissioner and if it finds the plan to be in the best interests of the parties, the court shall approve the plan. No action shall lie against the Commissioner or any of his deputies, agents, clerks, assistants, or attorneys by any party based on preference in an appeal pendency plan approved by the court. (2) The appeal pendency plan shall not supersede or affect the obligations of any insur ance guaranty association. (3) Any such plans shall provide for equitable adjustments to be made by the liquidator to any distributions of assets to guaranty associations, in the event that the liquidator pays claims from assets of the estate, which would otherwise be the obligations of any particular 1486 JOURNAL OF THE SENATE guaranty association but for the appeal of the order of liquidation, such that all guaranty associations equally benefit on a pro rata basis from the assets of the estate. Further, in the event an order of liquidation is set aside upon any appeal, the company shall not be released from delinquency proceedings unless and until all funds advanced by any guaranty associa tion, including reasonable administrative expenses in connection therewith relating to obli gations of the company, shall be repaid in full, together with interest at the judgment rate of interest or unless an arrangement for repayment thereof has been made with the consent of all applicable guaranty associations. 33-37-18. (a) All policies, including bonds and other noncancelable business, other than life or accident and sickness insurance or annuities, in effect at the time of issuance of an order of liquidation shall continue in force only for the lesser of: (1) A period of 30 days from the date of entry of the liquidation orders; (2) The expiration of the policy coverage; (3) The date when the insured has replaced the insurance coverage with equivalent insurance in another insurer or otherwise terminated the policy; (4) The date on which the liquidator effects a transfer of the policy obligation pursuant to paragraph (9) of subsection (a) of Code Section 33-37-20; or (5) The date proposed by the liquidator and approved by the court to cancel coverage. (b) An order or liquidation under Code Section 33-37-17 shall terminate coverages at the time specified in subsection (a) of this Code section for purposes of any other statute. (c) Policies of life or accident and sickness insurance or annuities shall continue in force for such period and under such terms as is provided for by any applicable guaranty associa tion or foreign guaranty association. (d) Policies of life or accident and sickness insurance or annuities or any period or coverage of such policies not covered by a guaranty association or foreign guaranty associa tion shall terminate under subsections (a) and (b) of this Code section. 33-37-19. The Commissioner may petition for an order dissolving the corporate exis tence of a domestic insurer or the United States branch of an alien insurer domiciled in this state at the time he applies for a liquidation order. The court shall order dissolution of the corporation upon petition by the Commissioner upon or after the granting of a liquidation order. If the dissolution has not previously been ordered, it shall be effected by operation of law upon the discharge of the liquidator if the insurer is insolvent but may be ordered by the court upon the discharge of the liquidator if the insurer is under a liquidation order for some other reason. 33-37-20. (a) The liquidator shall have the power: (1) To appoint a special deputy or deputies to act for him under this chapter and to determine his reasonable compensation. The special deputy shall have all powers of the liquidator granted by this Code section. This special deputy shall serve at the pleasure of the liquidator; (2) To employ employees and agents, actuaries, accountants, appraisers, consultants, and such other personnel as he may deem necessary to assist in the liquidation; (3) To appoint, with the approval of the court, an advisory committee of policyholders, claimants, or other creditors including guaranty associations should such a committee be deemed necessary. Such committee shall serve at the pleasure of the Commissioner and shall serve without compensation other than reimbursement for reasonable travel and per diem living expenses. No other committee of any nature shall be appointed by the Commis sioner or the court in liquidation proceedings conducted under this chapter; (4) To fix the reasonable compensation of employees and agents, actuaries, accountants, appraisers, and consultants with the approval of the court; THURSDAY, MARCH 7, 1991 1487 (5) To pay reasonable compensation to persons appointed and to defray from the funds or assets of the insurer all expenses of taking possession of, conserving, conducting, liquidat ing, disposing of, or otherwise dealing with the business and property of the insurer. In the event that the property of the insurer does not contain sufficient cash or liquid assets to defray the costs incurred, the Commissioner may advance the costs so incurred out of any appropriation for the maintenance of the insurance department. Any amounts so advanced for expenses of administration shall be repaid to the Commissioner for the use of the insur ance department out of the first available moneys of the insurer; (6) To hold hearings, to subpoena witnesses to compel their attendance, to administer oaths, to examine any person under oath, and to compel any person to subscribe to his testimony after it has been correctly reduced to writing and, in connection therewith, to require the production of any books, papers, records, or other documents which he deems relevant to the inquiry; (7) To audit the books and records of all agents of the insurer insofar as those records relate to the business activities of the insurer; (8) To collect all debts and moneys due and claims belonging to the insurer, wherever located, and for this purpose: (A) To institute timely action in other jurisdictions, in order to forestall garnishment and attachment proceedings against such debts; (B) To do such other acts as are necessary or expedient to collect, conserve, or protect its assets or property, including the power to sell, compound, compromise, or assign debts for purposes of collection upon such terms and conditions as he deems best; and (C) To pursue any creditor's remedies available to enforce his claims; (9) To conduct public and private sales of the property of the insurer; (10) To use assets of the estate of an insurer under a liquidation order to transfer policy obligations to a solvent assuming insurer, if the transfer can be arranged without prejudice to applicable priorities under Code Section 33-37-41; (11) To acquire, hypothecate, encumber, lease, improve, sell, transfer, abandon, or oth erwise dispose of or deal with any property of the insurer at its market value or upon such terms and conditions as are fair and reasonable. He shall also have power to execute, ac knowledge, and deliver any and all deeds, assignments, releases, and other instruments nec essary or proper to effectuate any sale of property or other transaction in connection with the liquidation; (12) To borrow money on the security of the insurer's assets or without such security and to execute and deliver all documents necessary to that transaction for the purpose of facilitating the liquidation. Any such funds borrowed may be repaid as an administrative expense and have priority over any other claims in Class 1 under the priority of distribution; (13) To enter into such contracts as are necessary to carry out the order to liquidate and to affirm or disavow any contracts to which the insurer is a party; (14) To continue to prosecute and to institute in the name of the insurer or in his own name any and all suits and other legal proceedings, in this state or elsewhere, and to aban don the prosecution of claims he deems unprofitable to pursue further. If the insurer is dissolved under Code Section 33-37-19, he shall have the power to apply to any court in this state or elsewhere for leave to substitute himself for the insurer as plaintiff; (15) To prosecute any action which may exist in behalf of the creditors, members, policyholders, or shareholders of the insurer against any officer of the insurer or any other person; (16) To remove any or all records and property of the insurer to the offices of the Com missioner or to such other place as may be convenient for the purposes of efficient and orderly execution of the liquidation. Guaranty associations and foreign guaranty associa- 1488 JOURNAL OF THE SENATE tions shall have such reasonable access to the records of the insurer as is necessary for them to carry out their statutory obligations; (17) To deposit in one or more banks in this state such sums as are required for meeting current administration expenses and dividend distributions; (18) To invest all sums not currently needed, unless the court orders otherwise; (19) To file any necessary documents for record in the office of the clerk of the superior court or any other recorder of deeds or record office in this state or elsewhere where prop erty of the insurer is located; (20) To assert all defenses available to the insurer as against third persons, including statutes of limitation, statutes of frauds, and the defense of usury. A waiver of any defense by the insurer after a petition in liquidation has been filed shall not bind the liquidator. Whenever a guaranty association or foreign guaranty association has an obligation to defend any suit, the liquidator shall give precedence to such obligation and may defend only in the absence of a defense by such guaranty associations; (21) To exercise and enforce all the rights, remedies, and powers of any creditor, share holder, policyholder, or member, including any power to avoid any transfer or lien that may be given by the general law and that is not included within Code Sections 33-37-25 through 33-37-27; (22) To intervene in any proceeding wherever instituted that might lead to the appoint ment of a receiver or trustee and to act as the receiver or trustee whenever the appointment is offered; (23) To enter into agreements with any receiver or commissioner of any other state relating to the rehabilitation, liquidation, conservation, or dissolution of an insurer doing business in both states; and (24) To exercise all powers now held or hereafter conferred upon receivers by the laws of this state not inconsistent with the provisions of this chapter. (b) (1) If a company placed in liquidation issued liability policies on a claims made basis, which provided an option to purchase an extended period to report claims, then the liquidator may make available to holders of such policies, for a charge, an extended period in which to report claims. The extended reporting period shall be made available only to those insureds who are unable to secure substitute coverage at a cost not in excess if that charged by the liquidator. The extended period made available by the liquidator shall begin upon termination of any extended period to report claims in the basic policy and shall end at the earlier of the final date for filing of claims in the liquidation proceeding or 18 months from the order of liquidation. (2) The extended period to report claims made available by the liquidator shall be sub ject to the terms of the policy to which it relates. The liquidator shall make available such extended period within 60 days after the order of liquidation at a charge to be determined by the liquidator subject to approval of the court. Such offer shall be deemed rejected unless the offer is accepted in writing and the charge is paid within 90 days after the order of liquidation. No commissions, premium taxes, assessments, or other fees shall be due on the charge pertaining to the extended period to reports claims. (c) The enumeration, in this Code section, of the powers and authority of the liquidator shall not be construed as a limitation upon him, nor shall it exclude in any manner his right to do such other acts not specifically enumerated or otherwise provided, as may be necessary or appropriate for the accomplishment of or in aid of the purpose of liquidation. (d) Notwithstanding the powers of the liquidator as stated in subsections (a) and (b) of this Code section, the liquidator shall have no obligation to defend claims or to continue to defend claims subsequent to the entry of a liquidation order. THURSDAY, MARCH 7, 1991 1489 33-37-21. (a) Unless the court otherwise directs, the liquidator shall give or cause to be given notice of the liquidation order as soon as possible: (1) By first-class mail and either by telegram or telephone to the commissioner of insur ance of each jurisdiction in which the insurer is doing business; (2) By first-class mail to any guaranty association or foreign guaranty association which is or may become obligated as a result of the liquidation; (3) By first-class mail to all insurance agents of the insurer; (4) By first-class mail to all persons known or reasonably expected to have claims against the insurer, including all policyholders, at their last known address as indicated by the records of the insurer; and (5) By publication in a newspaper of general circulation in the county in which the insurer has its principal place of business and in such other locations as the liquidator deems appropriate. (b) Notice to potential claimants under subsection (a) of this Code section shall require claimants to file with the liquidator their claims together with proper proofs thereof under Code Section 33-37-35, on or before a date the liquidator shall specify in the notice. Al though an earlier date may be set by the liquidator, the last day to file claims shall be no later than 18 months following the order of liquidation. The liquidator need not require persons claiming cash surrender values or other investment values in life insurance and an nuities to file a claim. All claimants shall have a duty to keep the liquidator informed of any changes of address. (c) (1) Notice under subsection (a) of this Code section to agents of the insurer and to potential claimants who are policyholders shall include, where applicable, notice that cover age by state guaranty associations may be available for all or part of policy benefits in accor dance with applicable state guaranty laws. (2) The liquidator shall promptly provide to the guaranty associations such information concerning the identities and addresses of such policyholders and their policy coverages as may be within the liquidator's possession or control and otherwise cooperate with guaranty associations to assist them in providing to such policyholders timely notice of the guaranty associations' coverage of policy benefits, including, as applicable, coverage of claims and continuation or termination of coverages. (d) If notice is given in accordance with this Code section, the distribution of assets of the insurer under this chapter shall be conclusive with respect to all claimants, whether or not they received notice. 33-37-22. (a) Every person who receives notice in the form prescribed in Code Section 33-37-21 that an insurer which he represents as an agent is the subject of a liquidation order, shall within 30 days of such notice provide to the liquidator, in addition to the infor mation he may be required to provide pursuant to Code Section 33-37-6, the information in the agent's records related to any policy issued by the insurer through the agent and, if the agent is a general agent, the information in the general agent's record related to any policy issued by the insurer through an agent under contract to him, including the name and ad dress of such subagent. A policy shall be deemed issued through an agent if the agent has a property interest in the expiration of the policy or if the agent has had in his possession a copy of the declarations of the policy at any time during the life of the policy, except where the ownership of the expiration of the policy has been transferred to another. (b) Any agent failing to provide information to the liquidator as required in subsection (a) of this Code section may be subject to payment of a penalty of not more than $1,000.00 and may have his licenses suspended, said penalty to be imposed after a hearing held by the Commissioner. 33-37-23. (a) Upon issuance of an order appointing a liquidator of a domestic insurer or of an alien insurer domiciled in this state, no action at law or equity or in arbitration shall 1490 JOURNAL OF THE SENATE be brought against the insurer or liquidator, whether in this state or elsewhere, nor shall any such existing actions be maintained or further presented after issuance of such order. The courts of this state shall give full faith and credit to injunctions against the liquidator or the company or the continuation of existing actions against the liquidator or the company, when such injunctions are included in an order to liquidate an insurer issued pursuant to corre sponding provisions in other states. Whenever, in the liquidator's judgment, protection of the estate of the insurer necessitates intervention in an action against the insurer that is pending outside this state, he may intervene in the action. The liquidator may defend any action in which he intervenes under this Code section at the expense of the estate of the insurer. (b) The liquidator may, upon or after an order for liquidation, within two years or such other longer time as applicable law may permit, institute an action or proceeding on behalf of the estate of the insurer upon any cause of action against which the period of limitation fixed by applicable law has not expired at the time of the filing of the petition upon which such order is entered. Where, by any agreement, a period of limitation is fixed for institut ing a suit or proceeding upon any claim, or for filing any claim, proof of claim, proof of loss, demand, notice, or the like or where in any proceeding, judicial or otherwise, a period of limitation is fixed, either in the proceeding or by applicable law, for taking any action, filing any claim or pleading, or doing any act and where in any such case the period had not expired at the date of the filing of the petition, the liquidator may, for the benefit of the estate, take any such action or do any such act required of or permitted to the insurer within a period of 180 days subsequent to the entry of an order for liquidation or within such further period as is shown to the satisfaction of the court not to be unfairly prejudicial to the other party. (c) No statute of limitation or defense of laches shall run with respect to any action against an insurer between the filing of a petition for liquidation against an insurer and the denial of the petition. Any action against the insurer that might have been commenced when the petition was filed may be commenced for at least 60 days after the petition is denied. (d) Any guaranty association or foreign guaranty association shall have standing to ap pear in any court proceeding concerning the liquidation of an insurer if such association is or may become liable to act as a result of the liquidation. 33-37-24. (a) As soon as practicable after the liquidation order but not later than 120 days thereafter, the liquidator shall prepare in duplicate a list of the insurer's assets. The list shall be amended or supplemented from time to time as the liquidator may determine. One copy shall be filed in the office of the clerk of the superior court and one copy shall be retained for the liquidator's files. All amendments and supplements shall be similarly filed. (b) The liquidator shall reduce the assets to a degree of liquidity that is consistent with the effective execution of the liquidation. (c) A submission to the court for disbursement of assets in accordance with Code Sec tion 33-37-33 fulfills the requirements of subsection (a) of this Code section. 33-37-25. (a) Every transfer made or suffered and every obligation incurred by an in surer within one year prior to the filing of a successful petition for rehabilitation or liquida tion under this chapter is fraudulent as to then existing and future creditors if made or incurred without fair consideration or with actual intent to hinder, delay, or defraud either existing or future creditors. A transfer made or an obligation incurred by an insurer ordered to be rehabilitated or liquidated under this chapter which is fraudulent under this Code section may be avoided by the receiver, except as to a person who in good faith is a pur chaser, lienor, or obligee for a present fair equivalent value, and except that any purchaser, lienor, or obligee, who in good faith has given a consideration less than fair for such transfer, lien, or obligation, may retain the property, lien, or obligation as security for repayment. The court may, on due notice, order any such transfer or obligation to be preserved for the THURSDAY, MARCH 7, 1991 1491 benefit of the estate, and, in that event, the receiver shall succeed to and may enforce the rights of the purchaser, lienor, or obligee. (b) (1) A transfer of property other than real property shall be deemed to be made or suffered when it becomes so far perfected that no subsequent lien obtainable by legal or equitable proceedings on a simple contract could become superior to the rights of the trans feree under subsection (c) of Code Section 33-37-27. (2) A transfer of real property shall be deemed to be made or suffered when it becomes so far perfected that no subsequent bona fide purchaser from the insurer could obtain rights superior to the rights of the transferee. (3) A transfer which creates an equitable lien shall not be deemed to be perfected if there are available means by which a legal lien could be created. (4) Any transfer not perfected prior to the filing of a petition for liquidation shall be deemed to be made immediately before the filing of the successful petition. (5) The provisions of this subsection apply whether or not there are or were creditors who might have obtained any liens or persons who might have become bona fide purchasers. (c) Any transaction of the insurer with a reinsurer shall be deemed fraudulent and may be avoided by the receiver under subsection (a) of this Code section if: (1) The transaction consists of the termination, adjustment, or settlement of a reinsur ance contract in which the reinsurer is released from any part of its duty to pay the origi nally specified share of losses that had occurred prior to the time of the transactions, unless the reinsurer gives a present fair equivalent value for the release; and (2) Any part of the transaction took place within one year prior to the date of filing of the petition through which the receivership was commenced. (d) Every person receiving any property from the insurer or any benefit thereof which is a fraudulent transfer under subsection (a) of this Code section shall be personally liable therefor and shall be bound to account to the liquidator. 33-37-26. (a) After a petition for rehabilitation or liquidation has been filed, a transfer of any of the real property of the insurer made to a person acting in good faith shall be valid against the receiver if made for a present fair equivalent value or, if not made for a present fair equivalent value, then to the extent of the present consideration actually paid therefor, for which amount the transferee shall have a lien on the property so transferred. The com mencement of a proceeding in rehabilitation or liquidation shall be constructive notice upon the recording of a copy of the petition for or order of rehabilitation or liquidation with the recorder of deeds in the county where any real property in question is located. The exercise by a court of the United States or any state or jurisdiction to authorize or effect a judicial sale of real property of the insurer within any county in any state shall not be impaired by the pendency of such a proceeding unless the copy is recorded in the county prior to the consummation of the judicial sale. (b) After a petition for rehabilitation or liquidation has been filed and before either the receiver takes possession of the property of the insurer or an order of rehabilitation or liqui dation is granted: (1) A transfer of any of the property of the insurer, other than real property, made to a person acting in good faith shall be valid against the receiver if made for a present fair equivalent value or, if not made for a present fair equivalent value, then to the extent of the present consideration actually paid therefor, for which amount the transferee shall have a lien on the property so transferred; (2) A person indebted to the insurer or holding property of the insurer may, if acting in good faith, pay the indebtedness or deliver the property, or any part thereof, to the insurer or upon his order, with the same effect as if the petition were not pending; 1492 JOURNAL OF THE SENATE (3) A person having actual knowledge of the pending rehabilitation or liquidation shall be deemed not to act in good faith; and (4) A person asserting the validity of a transfer under this Code section shall have the burden of proof. Except as elsewhere provided in this Code section, no transfer by or on behalf of the insurer after the date of the petition for liquidation by any person other than the liquidator shall be valid against the liquidator. (c) Every person receiving any property from the insurer or any benefit thereof which is a fraudulent transfer under subsection (a) of this Code section shall be personally liable therefor and shall be bound to account to the liquidator. (d) Nothing in this chapter shall impair the negotiability of currency or negotiable instruments. 33-37-27. (a) (1) A preference is a transfer of any of the property of an insurer to or for the benefit of a creditor for or on account of an antecedent debt made or suffered by the insurer within one year before the filing of a successful petition for liquidation under this chapter, the effect of which transfer may be to enable the creditor to obtain a greater per centage of this debt than another creditor of the same class would receive. If a liquidation order is entered while the insurer is already subject to a rehabilitation order, then such transfers shall be deemed preferences if made or suffered within one year before the filing of the successful petition for rehabilitation or within two years before the filing of the success ful petition for liquidation, whichever time is shorter. (2) Any preference may be avoided by the liquidator if: (A) The insurer was insolvent at the time of the transfer; (B) The transfer was made within four months before the filing of the petition; (C) The creditor receiving it or to be benefited thereby or his agent acting with refer ence thereto had, at the time when the transfer was made, reasonable cause to believe that the insurer was insolvent or was about to become insolvent; or (D) The creditor receiving it was an officer, any employee, attorney, or other person who was in fact in a position of comparable influence on the insurer to an officer whether or not he held such position or any shareholder holding directly or indirectly more than 5 percent of any class of any equity security issued by the insurer or any other person, firm, corporation, association, or aggregation of persons with whom the insurer did not deal at arm's length. (3) Where the preference is voidable, the liquidator may recover the property or, if it has been converted, its value from any person who has received or converted the property, except where a bona fide purchaser or lienor has given less than fair equivalent value he shall have a lien upon the property to the extent of the consideration actually given by him. Where a preference by way of lien or security title is voidable, the court may on due notice order the lien or title to be preserved for the benefit of the estate in which event the lien or title shall pass to the liquidator. (b) (1) A transfer of property other than real property shall be deemed to be made or suffered when it becomes so far perfected that no subsequent lien obtainable by legal or equitable proceedings on a simple contract could become superior to the rights of the transferee. (2) A transfer of real property shall be deemed to be made or suffered when it becomes so far perfected that no subsequent bona fide purchaser from the insurer could obtain rights superior to the rights of the transferee. (3) A transfer which creates an equitable lien shall not be deemed to be perfected if there are available means by which a legal lien could be created. (4) A transfer not perfected prior to the filing of a petition for liquidation shall be deemed to be made immediately before the filing of the successful petition. THURSDAY, MARCH 7, 1991 1493 (5) The provisions of this subsection apply whether or not there are or were creditors who might have obtained liens or persons who might have become bona fide purchasers. (c) (1) A lien obtainable by legal or equitable proceedings upon a simple contract is one arising in the ordinary course of such proceedings upon the entry or docketing of a judg ment or decree or upon attachment, garnishment, execution, or like process whether before, upon, or after judgment or decree and whether before or upon levy. It does not include liens which under applicable law are given a special priority over other liens which are prior in time. (2) A lien obtainable by legal or equitable proceedings could become superior to the rights of a transferee, or a purchaser could obtain rights superior to the rights of a trans feree within the meaning of subsection (b) of this Code section if such consequences would follow only from the lien or purchase itself or from the lien or purchase followed by any step wholly within the control of the respective lienholder or purchaser with or without the aid of ministerial action by public officials. Such a lien could not, however, become superior and such a purchase could not create superior rights for the purpose of subsection (b) of this Code section through any acts subsequent to the obtaining of such a lien or subsequent to such a purchase which require the agreement or concurrence of any third party or which require any further judicial action or ruling. (d) A transfer of property for or on account of a new and contemporaneous considera tion which is deemed under subsection (b) of this Code section to be made or suffered after the transfer because of delay in perfecting it does not thereby become a transfer for or on account of an antecedent debt if any acts required by the applicable law to be performed in order to perfect the transfer as against liens or bona fide purchasers' rights are performed within 21 days or any period expressly allowed by the law, whichever is less. A transfer to secure a future loan, if such a loan is actually made, or a transfer which becomes security for a future loan shall have the same effect as a transfer for or on account of a new and contem poraneous consideration. (e) If any lien deemed voidable under paragraph (2) of subsection (a) of this Code sec tion has been dissolved by the furnishing of a bond or other obligation, the surety on which has been indemnified directly or indirectly by the transfer of or the creation of a lien upon any property of an insurer before the filing of a petition under this chapter which results in a liquidation order, the indemnifying transfer or lien shall also be deemed voidable. (f) The property affected by any lien deemed voidable under subsections (a) and (e) of this Code section shall be discharged from such lien, and that property and any of the in demnifying property transferred to or for the benefit of a surety shall pass to the liquidator, except that the court may on due notice order any such lien to be preserved for the benefit of the estate and the court may direct that such conveyance be executed as may be proper or adequate to evidence the title of the liquidator. (g) The superior court shall have summary jurisdiction of any proceeding by the liqui dator to hear and determine the rights of any parties under this Code section. Reasonable notice of any hearing in the proceeding shall be given to all parties in interest, including the obligee of a releasing bond or other like obligation. Where an order is entered for the recov ery of indemnifying property in kind or for the avoidance of an indemnifying lien, the court, upon application of any party in interest, shall in the same proceeding ascertain the value of the property or lien, and if the value is less than the amount for which the property is indemnity or than the amount of the lien, the transferee or lienholder may elect to retain the property or lien upon payment of its value, as ascertained by the court, to the liquidator within such reasonable times as the court shall fix. (h) The liability of the surety under a releasing bond or other like obligation shall be discharged to the extent of the value of the indemnifying property recovered or the indem nifying lien nullified and avoided by the liquidator or where the property is retained under subsection (g) of this Code section to the extent of the amount paid to the liquidator. (i) If a creditor has been preferred and afterward in good faith gives the insurer further 1494 JOURNAL OF THE SENATE credit without security of any kind for property which becomes a part of the insurer's estate, the amount of the new credit remaining unpaid at the time of the petition may be setofT against the preference which would otherwise be recoverable from him. (j) If an insurer shall, directly or indirectly, within four months before the filing of a successful petition for liquidation under this chapter, or at any time in contemplation of a proceeding to liquidate it, pay money or transfer property to an attorney for services ren dered or to be rendered, the transactions may be examined by the court on its own motion or shall be examined by the court on petition of the liquidator and shall be held valid only to the extent of a reasonable amount to be determined by the court, and the excess may be recovered by the liquidator for the benefits of the estate, provided that where the attorney is in a position of influence in the insurer or an affiliate thereof, payment of any money or the transfer of any property to the attorney for services rendered or to be rendered shall be governed by the provision of subparagraph (a)(2)(D) of this Code section. (k) (1) Every officer, manager, employee, shareholder, member, subscriber, attorney or any other person acting on behalf of the insurer who knowingly participates in giving any preference when he has reasonable cause to believe the insurer is or is about to become insolvent at the time of the preference shall be personally liable to the liquidator for the amount of the preference. It is permissible to infer that there is a reasonable cause to so believe if the transfer was made within four months before the date of filing of this success ful petition for liquidation. (2) Every person receiving any property from the insurer or the benefit thereof as a preference voidable under subsection (a) of this Code section shall be personally liable therefor and shall be bound to account to the liquidator. (3) Nothing in this subsection shall prejudice any other claim by the liquidator against any person. 33-37-28. (a) No claims of a creditor who has received or acquired a preference, lien, conveyance, transfer, assignment, or encumbrance voidable under this chapter shall be al lowed unless he surrenders the preference, lien, conveyance, transfer, assignment, or encum brance. If the avoidance is effected by a proceeding in which a final judgment has been entered, the claim shall not be allowed unless the money is paid or the property is delivered to the liquidator within 30 days from the date of the entering of the final judgment, except that the court having jurisdiction over the liquidation may allow further time if there is an appeal or other continuation of the proceeding. (b) A claim allowable under subsection (a) of this Code section by reason of the avoid ance, whether voluntary or involuntary, a preference, lien, conveyance, transfer, assignment, or encumbrance, may be filed as an excused last filing under Code Section 33-37-34 if filed within 30 days from the date of the avoidance, or within the further time allowed by the court under subsection (a) of this Code section. 33-37-29. (a) In all cases of mutual debts or mutual credits between the insurer and another person in connection with any action or proceeding under this chapter, such credits and debts shall be setofT and the balance only shall be allowed or paid, except as provided in subsection (b) of this Code section. (b) No setoff shall be allowed in favor of any person where: (1) The obligation of the insurer to the person would not, at the date of the entry of any liquidation order or otherwise, as provided in Code Section 33-37-17, entitle him to share as a claimant in the assets of the insurer; (2) The obligation of the insurer to the person was purchased by or transferred to the person with a view of its being used as a setoff; or (3) The obligation of the person is to pay an assessment levied against the members of a mutual insurer or against the subscribers of a reciprocal insurer or is to pay a balance upon the subscription to the capital stock of a stock insurer. THURSDAY, MARCH 7, 1991 1495 33-37-30. (a) As soon as practicable but not more than two years from the date of an order of liquidation under Code Section 33-37-17 of an insurer issuing assessable policies, the liquidator shall make a report to the court setting forth: (1) The reasonable value of the assets of the insurer; (2) The insurer's probable total liabilities; (3) The probable aggregate amount of the assessment necessary to pay all claims of creditors and expenses in full, including expenses of administration and costs of collecting the assessment; and (4) A recommendation as to whether or not an assessment should be made and in what amount. (b) (1) Upon the basis of the report provided in subsection (a) of this Code section, including any supplements and amendments thereto, the superior court may levy one or more assessments against all members of the insurer who are subject to assessment; (2) Subject to any applicable legal limits on assessability, the aggregate assessment shall be for the amount that the sum of the probable liabilities, the expenses of administration, and the estimated cost of collection of the assessment, exceeds the value of existing assets, with due regard being given to assessments that cannot be collected economically. (c) After levy of assessment under subsection (b) of this Code section, the liquidator shall issue an order directing each member who has not paid the assessment pursuant to the order, to show cause why the liquidator should not pursue a judgment therefor. (d) The liquidator shall give notice of the order to show cause by publication and by first-class mail to each member liable thereunder mailed to his last known address as it appears on the insurer's records, at least 20 days before the return date of the order to show cause. (e) (1) If a member does not appear and serve duly verified objections upon the liquida tor on or before the return date of the order to show cause under subsection (c) of this Code section, the court shall make an order adjudging the member liable for the amount of the assessment against him pursuant to subsection (c) of this Code section, together with costs, and the liquidator shall have a judgment against the member therefor. (2) If on or before such return date the member appears and serves duly verified objec tions upon the liquidator, the Commissioner may hear and determine the matter or may appoint a referee to hear it and make such order as the facts warrant. In the event that the Commissioner determines that such objections do not warrant relief from assessment, the member may request the court to review the matter and vacate the order to show cause. (f) The liquidator may enforce any order or collect any judgment under subsection (e) of this Code section by any lawful means. 33-37-31. The amount recoverable by the liquidator from reinsurers shall not be re duced as a result of the delinquency proceedings regardless of any provision in the reinsur ance contract or other agreement. Payment made directly to an insured or other creditor shall not diminish the reinsurer's obligation to the insurer's estate except when the reinsur ance contract provided for direct coverage of a named insured and the payment was made in discharge of that obligation. 33-37-32. (a) (1) An agent, broker, premium finance company, or any other person, other than the insured, responsible for the payment of a premium shall be obligated to pay any unpaid premium for the full policy term due the insurer at the time of the declaration of insolvency, whether earned or unearned, as shown on the records of the insurer. The liquidator shall also have the right to recover from such person any part of an unearned premium that represents commission of such person. Credits or setoffs or both shall not be allowed to an agent, broker, or premium finance company for any amounts advanced to the insurer by the agent, broker, or premium finance company on behalf of, but in the absence of a payment by, the insured. 1496 JOURNAL OF THE SENATE (2) An insured shall be obligated to pay any unpaid earned premium due the insurer at the time of the declaration of insolvency, as shown on the records of the insurer. (b) Upon satisfactory evidence of a violation of this Code section, the Commissioner may pursue either one or both of the following courses of action: (1) Suspend, revoke, or refuse to renew the licenses of such offending party or parties; or (2) Impose a penalty of not more than $5,000.00 for each and every act in violation of this Code section by said party or parties. (c) Before the Commissioner shall take any action as provided in subsection (b) of this Code section, written notice shall be provided to the person, company, association, or ex change accused of violating the law, stating specifically the nature of the alleged violation and fixing a time and place, at least ten days thereafter, when a hearing on the matter shall be held. After such hearing, or upon failure of the accused to appear at such hearing, the Commissioner, if he shall find such violation, shall impose such of the penalties under sub section (b) of this Code section as he deems advisable. (d) When the Commissioner shall take action in any or all of the ways set out in subsec tion (b) of this Code section, the party aggrieved may appeal from said action to the supe rior court. 33-37-33. (a) Within 120 days of a final determination of insolvency of an insurer by a court of competent jurisdiction of this state, the liquidator shall make application to the court for approval of a proposal to disburse assets out of marshalled assets, from time to time as such assets become available, to a guaranty association or foreign guaranty associa tion having obligations because of such insolvency. If the liquidator determines that there are insufficient assets to disburse, the application required by this Code section shall be considered satisfied by a filing by the liquidator stating the reasons for this determination. (b) Such proposal shall at least include provisions for: (1) Reserving amounts for the payment of expenses of administration and the payment of claims of secured creditors, to the extent of the value of the security held, and claims falling within the priorities established in Classes 1 and 2 as provided in Code Section 3337-41; (2) Disbursement of the assets marshalled to date and subsequent disbursement of as sets as they become available; (3) Equitable allocation of disbursements to each of the guaranty associations and for eign guaranty associations entitled thereto; (4) The securing by the liquidator from each of the associations entitled to disburse ments pursuant to this Code section of an agreement to return to the liquidator such assets, together with income earned on assets previously disbursed, as may be required to pay claims of secured creditors and claims falling within the priorities established in Code Sec tion 33-37-41 in accordance with such priorities. No bond shall be required of any such association; and (5) A full report to be made by each association to the liquidator accounting for all assets so disbursed to the association, all disbursements made therefrom, any interest earned by the association on such assets, and any other matter as the court may direct. (c) The liquidator's proposal shall provide for disbursements to the associations in amounts estimated at least equal to the claim payments under or to be made thereby for which such associations could assert a claim against the liquidator and shall further provide that if the assets available for disbursement from time to time do not equal or exceed the amount of such claim payments made or to be made by the association then disbursements shall be in the amount of available assets. (d) The liquidator's proposal shall, with respect to an insolvent insurer writing life or THURSDAY, MARCH 7, 1991 1497 accident and sickness insurance or annuities, provide for disbursements of assets to any guaranty association or any foreign guaranty association covering life or accident and sick ness insurance or annuities or to any other entity or organization reinsuring, assuming, or guaranteeing policies or contracts of insurance under the acts creating such associations. (e) Notice of such application shall be given to the association in and to the commis sioners of insurance of each of the states. Any such notice shall be deemed to have been given when deposited in the United States certified mails, first-class postage prepaid, at least 30 days prior to submission of such application to the court. Action on the application may be taken by the court provided the above-required notice has been given and, provided further that the liquidator's proposal complies with paragraphs (1) and (2) of subsection (b) of this Code section. 33-37-34. (a) Proof of all claims shall be filed with the liquidator in the form required by Code Section 33-37-35 on or before the last day for filing specified in the notice required under Code Section 33-37-21, except that proof of claims for cash surrender values or other investment values in life insurance and annuities need not be filed unless the liquidator expressly so requires. (b) The liquidator may permit a claimant making a late filing to share in distributions, whether past or future, as if he were not late, to the extent that any such payment will not prejudice the orderly administration of the liquidation, under the following circumstances: (1) The existence of the claim was not known to the claimant and that he filed his claim as promptly thereafter as reasonably possible after learning of it; (2) A transfer to a creditor was avoided under Code Sections 33-37-25 through 33-37-27 or was voluntarily surrendered under Code Section 33-37-28, and that the filing satisfies the conditions of Code Section 33-37-28; and (3) The valuation under Code Section 33-37-40, of security held by a secured creditor shows a deficiency, which is filed within 30 days after the valuation. (c) The liquidator shall permit late filing claims to share in distributions, whether past or future, as if they were not late, if such claims are claims of a guaranty association or foreign guaranty association for reimbursement of covered claims paid or expenses incurred, or both, subsequent to the last day for filing where such payments were made and expenses incurred as provided by law. (d) The liquidator may consider any claim filed late which is not covered by subsection (b) of this Code section and permit it to receive distributions which are subsequently de clared on any claims of the same or lower priority if the payment does not prejudice the orderly administration of the liquidation. The late-filing claimant shall receive, at each dis tribution, the same percentage of the amount allowed on his claim as is then being paid to claimants of any lower priority. This shall continue until his claim has been paid in full. 33-37-35. (a) Proof of claim shall consist of a statement signed by the claimant that includes all of the following that are applicable: (1) The particulars of the claim including the consideration given for it; (2) The identity and amount of the security on the claim; (3) The payments made on the debt, if any; (4) That the sum claimed is justly owing and that there is no setoff, counterclaim, or defense to the claim; (5) Any right of priority of payment or other specific right asserted by the claimants; (6) A copy of the written instrument which is the foundation of the claim; and (7) The name and address of the claimant and the attorney who represents him, if any. (b) No claim need be considered or allowed if it does not contain all the information in subsection (a) of this Code section which may be applicable. The liquidator may require 1498 JOURNAL OF THE SENATE that a prescribed form be used, and may require that other information and documents be included. (c) At any time the liquidator may request the claimant to present information or evi dence supplementary to that required under subsection (a) of this Code section and may take testimony under oath, require production of affidavits or depositions, or otherwise ob tain additional information or evidence. (d) No judgment or order against an insured or the insurer entered after the date of filing of a successful petition for liquidation, and no judgment or order against an insured or the insurer entered at any time by default or by collusion need be considered as evidence of liability or of quantum of damages. No judgment or order against an insured or the insurer entered within four months before the filing of the petition need be considered as evidence of liability or of the quantum of damages. (e) All claims of a guaranty association or foreign guaranty association shall be in such form and contain such substantiation as may be agreed to by the association and the liquidator. 33-37-36. (a) The claim of a third party which is contingent only on his first obtaining a judgment against the insured shall be considered and allowed as if there were no such contingency. (b) A claim may be allowed, even if contingent, if it is filed in accordance with Code Section 33-37-34. It may be allowed and may participate in all distributions declared after it is filed to the extent that it does not prejudice the orderly administration of the liquidation. (c) Claims that are due except for the passage of time shall be treated as absolute claims are treated, except that such claims may be discounted at the legal rate of interest. (d) Claims made under employment contracts by directors, principal officers, or persons in fact performing similar functions or having similar powers are limited to payment for services rendered prior to the issuance of any order of rehabilitation or liquidation under Code Section 33-37-12 or 33-37-17. 33-37-37. (a) Whenever any third party asserts a cause of action against an insured of an insurer in liquidation, the third party may file a claim with the liquidator. (b) Whether or not the third party files a claim, the insured may file a claim on his own behalf in the liquidation. If the insured fails to file a claim by the date for filing claims specified in the order of liquidation or within 60 days after mailing of the notice required by Code Section 33-37-21, whichever is later, he is an unexcused late filer. (c) The liquidator shall make his recommendations to the court under Code Section 3337-41 for the allowance of an insured's claim under subsection (b) of this Code section after consideration of the probable outcome of any pending action against the insured on which the claim is based, the probable damages recoverable in the action and the probable costs and expenses of defense. After allowance by the court, the liquidator shall withhold any dividends payable on the claim pending the outcome of litigation and negotiation with the insured. Whenever it seems appropriate, he shall reconsider the claim on the basis of addi tional information and amend his recommendations to the court. The insured shall be af forded the same notice and opportunity to be heard on all changes in the recommendation as in its initial determination. The court may amend its allowance as it thinks appropriate. As claims against the insured are settled or barred, the insured shall be paid from the amount withheld the same percentage dividend as was paid on other claims of like property based on the lesser of the amount actually recovered from the insured by action or paid by agreement plus the reasonable costs and expense of defense or the amount allowed on the claims by the court. After all claims are settled or barred, any sum remaining from the amount withheld shall revert to the undistributed assets of the insurer. Delay in final pay ment under this subsection shall not be a reason for unreasonable delay of final distribution and discharge of the liquidator. (d) If several claims founded upon one policy are filed, whether by third parties or as THURSDAY, MARCH 7, 1991 1499 claims by the insured under this Code section, and the aggregate allowed amount of the claims to which the same limit of liability in the policy is applicable exceeds that limit, each claim as allowed shall be reduced in the same proportion so that the total equals the policy limit. Claims by the insured shall be evaluated as in subsection (c) of this Code section. If any insured's claim is subsequently reduced under subsection (c) of this Code section, the amount thus freed shall be apportioned ratably among the claims which have been reduced under this subsection. (e) No claim may be presented under this Code section if it is or may be covered by any guaranty association or foreign guaranty association. 33-37-38. (a) When a claim is denied in whole or in part by the liquidator, written notice of the determination shall be given to the claimant or his attorney by first-class mail at the address shown in the proof of claim. Within 60 days from the mailing of the notice, the claimant may file his objections with the liquidator. If no such filing is made, the claim ant may not further object to the determination. (b) Whenever objections are filed with the liquidator and the liquidator does not alter his denial of the claim as a result of the objections, the liquidator shall ask the court for a hearing as soon as practicable and give notice of the hearing by first-class mail to the claim ant or his attorney and to any other persons directly affected, not less than ten nor more than 30 days before the date of the hearing. The matter may be heard by the court or by a court appointed referee who shall submit findings of fact along with his recommendation. 33-37-39. Whenever a creditor whose claim against an insurer is secured, in whole or in part, by the undertaking of another person fails to prove and file that claim, the other per son may do so in the creditor's name, and shall be subrogated to the rights of the creditor, whether the claim has been filed by the creditor or by the other person in the creditor's name, to the extent that he discharges the undertaking. In the absence of an agreement with the creditor to the contrary, the other person shall not be entitled to any distribution; how ever, until the amount paid to the creditor on the undertaking plus the distributions paid on the claim from the insurer's estate to the creditor equals the amount of the entire claim of the creditor. Any excess received by the creditor shall be held by him in trust for such other person. The term 'other person,' as used in this Code section, is not intended to apply to a guaranty association or foreign guaranty association. 33-37-40. (a) The value of any security held by a secured creditor shall be determined in one of the following ways, as the court may direct: (1) By converting the same into money according to the terms of the agreement pursu ant to which the security was delivered to such creditors; or (2) By agreement, arbitration, compromise, or litigation between the creditor and the liquidator. (b) The determination shall be under the supervision and control of the court with due regard for the recommendation of the liquidator. The amount so determined shall be credited upon the secured claim, and any deficiency shall be treated as an unsecured claim. If the claimant shall surrender his security to the liquidator, the entire claim shall be al lowed as if unsecured. 33-37-41. The priority of distribution of claims from the insurer's estate shall be in accordance with the order as set forth in this Code section. Every claim in each class shall be paid in full or adequate funds retained for such payment before the members of the next class receive any payment. No subclasses shall be established within any class. The order of distribution of claims shall be: (1) Class 1. The costs and expenses of administration during rehabilitation and liquida tion, including, but not limited to, the following: (A) The actual and necessary costs of preserving or recovering the assets of the insurer; 1500 JOURNAL OF THE SENATE (B) Compensation for all authorized services rendered in the rehabilitation and liquidation; (C) Any necessary filing fees; (D) The fees and mileage payable to witnesses; (E) Authorized reasonable attorney's fees and other professional services rendered in the rehabilitation and liquidation; and (F) The reasonable expenses of a guaranty association or foreign guaranty association for unallocated loss adjustment expenses; (2) Class 2. Reasonable compensation to employees for services performed to the extent that they do not exceed two months of monetary compensation and represent payment for services performed within one year before the filing of the petition for liquidation or, if rehabilitation preceded liquidation, within one year before the filing of the petition for reha bilitation. Principal officers and directors shall not be entitled to the benefit of this priority except as otherwise approved by the liquidator and the court. Such priority shall be in lieu of any other similar priority which may be authorized by law as to wages or compensation of employees; (3) Class 3. All claims under policies, including such claims of the federal or any state or local government for losses incurred, including third-party claims and all claims of a guar anty association or foreign guaranty association. All claims under life insurance and annuity policies, whether for death proceeds, annuity proceeds, or investment values shall be treated as loss claims, that portion of any loss, indemnification for which is provided by other bene fits or advantages recovered by the claimant, shall not be included in this class other than benefits or advantages recovered or recoverable in discharge of familial obligation of support or by way of succession at death or as proceeds of life insurance or as gratuities. No pay ment by an employer to his employee shall be treated as a gratuity; (4) Class 4. Claims under nonassessable policies for unearned premium or other pre mium refunds and claims of general creditors, including claims of ceding and assuming com panies in their capacity as such; (5) Class 5. Claims of the federal or any state or local government except those under Class 3. Claims, including those of any governmental body for a penalty or forfeiture, shall be allowed in this class only to the extent of the pecuniary loss sustained from the act, transaction, or proceeding out of which the penalty or forfeiture arose with reasonable and actual costs occasioned thereby. The remainder of such claims shall be postponed to the class of claims established under paragraph (8) of this Code section; (6) Class 6. Claims filed late or any other claims other than claims under paragraphs (7) and (8) of this Code section; (7) Class 7. Surplus or contribution notes or similar obligations and premium refunds on assessable policies. Payments to members of domestic mutual insurance companies shall be limited in accordance with law; and (8) Class 8. The claims of shareholders or other owners in their capacity as shareholders. 33-37-42. (a) The liquidator shall review all claims duly filed in the liquidation and shall make such further investigation as he shall deem necessary. He may compound, compro mise, or in any other manner negotiate the amount for which claims will be recommended to the court except where the liquidator is required by law to accept claims as settled by any person or organization, including any guaranty association or foreign guaranty association. Unresolved disputes shall be determined under Code Section 33-37-38. As soon as practica ble, he shall present to the court a report of the claims against the insurer with his recom mendations. The report shall include the name and address of each claimant and the amount of the claim finally recommended, if any. If the insurer has issued annuities or life insurance policies, the liquidator shall report the persons to whom, according to the records THURSDAY, MARCH 7, 1991 1501 of the insurer, amounts are owed as cash surrender values or other investment value and the amounts owed. (b) The court may approve, disapprove, or modify the report on claims by the liquida tor. Such reports as are not modified by the court within a period of 60 days following submission by the liquidator shall be treated by the liquidator as allowed claims subject thereafter to later modification or to rulings made by the court pursuant to Code Section 33-37-38. No claim under a policy of insurance shall be allowed for an amount in excess of the applicable policy limits. 33-37-43. Under the direction of the court, the liquidator shall pay distributions in a manner that will assure the proper recognition of priorities and a reasonable balance be tween the expeditious completion of the liquidation and the protection of unliquidated and undetermined claims, including third-party claims. Distribution of assets in kind may be made at valuations set by agreement between the liquidator and the creditor and approved by the court. 33-37-44. (a) All unclaimed funds subject to distribution remaining in the liquidator's hands when he is ready to apply to the court for discharge, including the amount distributa ble to any creditor, shareholder, member, or other person who is unknown or cannot be found shall be maintained by the Commissioner and shall be paid without interest except in accordance with Code Section 33-37-41 to the person entitled thereto or his legal represen tative upon proof satisfactory to the Commissioner of his right thereto. Any amount on deposit not claimed within six years from the discharge of the liquidator shall be deemed to have been abandoned and shall be escheated without formal escheat proceedings and be deposited in the general fund of the state. (b) All funds withheld under Code Section 33-37-36 and not distributed shall upon dis charge of the liquidator be maintained by the Commissioner and paid by him in accordance with Code Section 33-37-41. Any sums remaining which under Code Section 33-37-41 would revert to the undistributed assets of the insurer shall be transferred to the general fund of the state under subsection (a) of this Code section, unless the Commissioner in his discre tion petitions the court to reopen the liquidation under Code Section 33-37-46. 33-37-45. (a) When all assets justifying the expense of collection and distribution have been collected and distributed under this chapter, the liquidator shall apply to the court for discharge. The court may grant the discharge and make any other orders, including an order to transfer any remaining funds that are uneconomic to distribute as may be deemed appropriate. (b) Any other person may apply to the court at any time for an order under subsection (a) of this Code section. If the application is denied, the applicant shall pay the costs and expenses of the liquidator in resisting the application, including a reasonable attorney's fee. 33-37-46. After the liquidation proceeding has been terminated and the liquidator dis charged, the Commissioner or other interested party may at any time petition the superior court to reopen the proceedings for good cause, including the discovery of additional assets. If the court is satisfied that there is justification for reopening, it shall so order. 33-37-47. Whenever it shall appear to the Commissioner that the records of any insurer in process of liquidation or completely liquidated are no longer useful, he may recommend to the court and the court shall direct what records should be retained for future reference and what should be destroyed. 33-37-48. The superior court may, as it deems desirable, cause audits to be made of the books of the Commissioner relating to any receivership established under this chapter, and a report of each audit shall be filed with the Commissioner and with the court. The books, records, and other documents of the receivership shall be made available to the auditor at any time without notice. The expense of each audit shall be considered a cost of administra tion of the receivership. 1502 JOURNAL OF THE SENATE ARTICLE 4 33-37-49. (a) If a domiciliary liquidator has not been appointed, the Commissioner may apply to the superior court by verified petition for an order directing him to act as conserva tor to conserve the property of an alien insurer not domiciled in this state or a foreign insurer on any one or more of the following grounds: (1) Any of the grounds provided in Code Section 33-37-11; (2) That any of its property has been sequestered by official action in its domiciliary state or in any other state; (3) That enough of its property has been sequestered in a foreign country to give rea sonable cause to fear that the insurer is or may become insolvent; or (4) (A) That its certificate of authority to do business in this state has been revoked or that none was ever issued; and (B) That there are residents of this state with outstanding claims or outstanding policies. (b) When an order is sought under subsection (a) of this Code section, the court shall cause the insurer to be given such notice and time to respond thereto as is reasonable under the circumstances. (c) The court may issue the order in whatever terms it shall deem appropriate. The filing or recording of the order with the clerk of superior court of the county in which the principal business of the company is located shall impart the same notice as a deed, bill of sale, or other evidence of title duly filed or recorded with the clerk would have imparted. (d) The conservator may at any time petition for and the court may grant an order under Code Section 33-37-50 to liquidate assets of a foreign or alien insurer under conserva tion or, if appropriate, for an order under Code Section 33-37-52 to be appointed ancillary receiver. (e) The conservator may at any time petition the court for an order terminating conser vation of an insurer. If the court finds that the conservation is no longer necessary, it shall order that the insurer be restored to possession of its property and the control of its busi ness. The court may also make such finding and issue such order at any time upon motion of any interested party but, if such motion is denied, all costs shall be assessed against such party. 33-37-50. (a) If no domiciliary receiver has been appointed, the Commissioner may ap ply to the superior court by verified petition for an order directing him to liquidate the assets found in this state of a foreign insurer or an alien insurer not domiciled in this state, on any of the following grounds: (1) Any of the grounds provided in Code Section 33-37-11 or 33-37-16; or (2) Any of the grounds specified paragraphs (2) through (4) of subsection (a) of Code Section 33-37-49. (b) When an order is sought under subsection (a) of this Code section, the court shall cause the insurer to be given such notice and time to respond thereto as is reasonable under the circumstances. (c) If it shall appear to the court that the best interests of creditors, policyholders, and the public require, the court may issue an order to liquidate in whatever terms it shall deem appropriate. The filing or recording of the order with the clerk of the superior court of the county in which the principal business of the company is located or the county in which its principal office or place of business is located shall impart the same notice as a deed, bill of sale, or other evidence of title duly filed or recorded with the clerk would have imparted. (d) If a domiciliary liquidator is appointed in a reciprocal state while a liquidation is proceeding under this Code section, the liquidator under this Code section shall thereafter THURSDAY, MARCH 7, 1991 1503 act as ancillary receiver under Code Section 33-37-52. If a domiciliary liquidator is ap pointed in a nonreciprocal state while a liquidation is proceeding under this Code section, the liquidator under this Code section may petition the court for permission to act as ancil lary receiver under Code Section 33-37-52. (e) On the same grounds as are specified in subsection (a) of this Code section, the commissioner may petition any appropriate federal district court to be appointed receiver to liquidate that portion of the insurer's assets and business over which the court will exercise jurisdiction or any lesser part thereof that the commissioner deems desirable for the protec tion of the policyholders and creditors in this state. (f) The court may order the commissioner, when he has liquidated the assets of a for eign or alien insurer under this Code section, to pay claims of residents of this state against the insurer under such rules as to the liquidation of insurers under this chapter as are other wise compatible with the provisions of this Code section. 33-37-51. (a) The domiciliary liquidator of an insurer domiciled in a reciprocal state shall, except as to special deposits and security on secured claims under subsection (c) of Code Section 33-37-52, be vested by operation of law with the title to all of the assets, property, contracts and rights of action, agents' balances and all of the books, accounts, and other records of the insurer located in this state. The date of vesting shall be the date of the filing of the petition, if that date is specified by the domiciliary law for the vesting of prop erty in the domiciliary state. Otherwise, the date of vesting shall be the date of entry of the order directing possession to be taken. The domiciliary liquidator shall have the immediate right to recover balances due from agents and to obtain possession of the books, accounts, and other records of the insurer located in this state. He also shall have the right to recover all other assets of the insurer located in this state, subject to the provisions of Code Section 33-37-52. (b) If a domiciliary liquidator is appointed for an insurer not domiciled in a reciprocal state, the commissioner of this state shall be vested by operation of law with the title to all of the property, contracts, and right of action and all of the books, accounts, and other records of the insurer located in this state at the same time that the domiciliary liquidator is vested with title in the domicile. The Commissioner may petition for a conservation or liqui dation order under Code Section 33-37-49 or 33-37-50 or for an ancillary receivership under Code Section 33-37-52 or after approval by the superior court may transfer title to the dom iciliary liquidator as the interests of justice and the equitable distribution of the assets require. (c) Claimants residing in this state may file claims with the liquidator or ancillary re ceiver, if any, in this state or with the domiciliary liquidator if the domiciliary law permits. The claims must be filed on or before the last date fixed for the filing of claims in the domiciliary liquidation proceedings. 33-37-52. (a) If a domiciliary liquidator has been appointed for an insurer not domiciled in this state, the commissioner may file a petition with the superior court requesting ap pointment as ancillary receiver in this state: (1) If he finds that there are sufficient assets of the insurer located in this state to justify the appointment of an ancillary receiver; or (2) If the protection of creditors or policyholders in this state so requires. (b) The court may issue an order appointing an ancillary receiver in whatever terms it shall deem appropriate. The filing or recording of the order with the appropriate clerk of the superior court in this state imparts the same notice as a deed, bill of sale, or other evidence of title duly filed or recorded with the clerk. (c) When a domiciliary liquidator has been appointed in a reciprocal state, then the ancillary receiver appointed in this state may, whenever necessary, aid and assist the domi ciliary liquidator in recovering assets of the insurer located in this state. The ancillary re ceiver shall, as soon as practicable, liquidate from their respective securities those special 1504 JOURNAL OF THE SENATE deposit claims and secured claims which are proved and allowed in the ancillary proceedings in this state and shall pay the necessary expenses of the proceedings. He shall promptly transfer all remaining assets, books, accounts, and records to the domiciliary liquidator. Subject to this Code section, the ancillary receiver and his deputies shall have the powers and be subject to the same duties with respect to the administration of assets as a liquidator of an insurer domiciled in this state. (d) When a domiciliary liquidator has been appointed in this state, ancillary receivers appointed in reciprocal states shall have, as to assets and books, accounts, and other records in their respective states, corresponding rights, duties and powers to those provided in sub section (c) of this Code section for ancillary receivers appointed in this state. 33-37-53. The Commissioner in his sole discretion may institute proceedings under Code Sections 33-37-9 and 33-37-10 at the request of the commissioner or other appropriate insurance official of the domiciliary state of any foreign or alien insurer having property located in this state. 33-37-54. (a) In a liquidation proceeding begun in this state against an insurer domi ciled in this state, claimants residing in foreign countries or in states not reciprocal states must file claims in this state, and claimants residing in reciprocal states may file claims either with the ancillary receivers, if any, in their respective states or with the domiciliary liquidator. Claims must be filed on or before the last date fixed for the filing of claims in the domiciliary liquidation proceeding. (b) Claims belonging to claimants residing in reciprocal states may be proved either in the liquidation proceeding in this state as provided in this chapter or in ancillary proceed ings, if any, in the reciprocal states. If notice of the claims and opportunity to appear and be heard is afforded the domiciliary liquidator of this state as provided in subsection (b) of Code Section 33-37-55 with respect to ancillary proceedings, the final allowance of claims by the courts in ancillary proceedings in reciprocal states shall be conclusive as to amount and as to priority against special deposits or other security located in such ancillary states, but shall not be conclusive with respect to priorities against general assets under Code Section 33-37-41. 33-37-55. (a) In a liquidation proceeding in a reciprocal state against an insurer domi ciled in that state, claimants against the insurer who reside within this state may file claims either with the ancillary receiver, if any, in this state or with the domiciliary liquidator. Claims must be filed on or before the last dates fixed for the filing of claims in the domicili ary liquidation proceeding. (b) Claims belonging to claimants residing in this state may be proved either in the domiciliary state under the law of that state or in ancillary proceedings, if any, in this state. If a claimant elects to prove his claim in this state, he shall file his claim with the liquidator in the manner provided in Code Sections 33-37-34 and 33-37-35. The ancillary receiver shall make his recommendation to the court as under Code Section 33-37-42. He shall also ar range a date for hearing if necessary under Code Section 33-37-38 and shall give notice to the liquidator in the domiciliary state, either by certified mail or by personal service at least 40 days prior to the date set for hearing. If the domiciliary liquidator, within 30 days after the giving of such notice, gives notice in writing to the ancillary receiver and to the claim ant, either by certified mail or by personal service, of his intention to contest the claim, he shall be entitled to appear or to be represented in any proceeding in this state involving the adjudication of the claim. (c) The final allowance of the claim by the courts of this state shall be accepted as conclusive as to amount and as to priority against special deposits or other security located in this state. 33-37-56. During the pendency in this or any other state of a liquidation proceeding, whether called by that name or not, no action or proceeding in the nature of an attachment, garnishment, or levy of execution shall be commenced or maintained in this state against the delinquent insurer or its assets. THURSDAY, MARCH 7, 1991 1505 33-37-57. (a) In a liquidation proceeding in this state involving one or more reciprocal states, the order of distribution of the domiciliary state shall control as to all claims of residents of this and reciprocal states. All claims of residents of reciprocal states shall be given equal priority of payment from general assets regardless of where such assets are located. (b) The owners of special deposit claims against an insurer for which a liquidator is appointed in this or any other state shall be given priority against the special deposits in accordance with the statutes governing the creation and maintenance of the deposits. If there is a deficiency in any deposit, so that the claims secured by it are not fully discharged from it, the claimants may share in the general assets, but the sharing shall be deferred until general creditors, and also claimants against other special deposits who have received smaller percentages from their respective special deposits, have been paid percentages of their claims equal to the percentage paid from the special deposit. (c) The owner of a secure claim against an insurer for which a liquidator has been appointed in this or any other state may surrender his security and file his claim as a gen eral creditor, or the claim may be discharged by resort to the security in accordance with Code Section 33-37-40, in which case the deficiency, if any, shall be treated as a claim against the general assets of the insurer on the same basis as claims of unsecured creditors. 33-37-58. If an ancillary receiver in another state or foreign country, whether called by that name or not, fails to transfer to the domiciliary liquidator in this state any assets within his control other than special deposits, diminished only by the expenses of the ancil lary receivership, if any, the claims filed in the ancillary receivership, other than special deposit claims or secured claims, shall be placed in the class of claims under paragraph (7) of Code Section 33-37-41." Section 8. Said title is further amended by adding immediately following Chapter 46, relating to the certification of private review agents, three new chapters, to be designated Chapters 47, 48, and 49, to read as follows: "CHAPTER 47 33-47-1. This chapter shall be known and may be cited as the 'Managing General Agents Act.' 33-47-2. As used in this chapter, the term: (1) 'Actuary' means a person who is a member in good standing of the American Acad emy of Actuaries. (2) 'Insurer' means any person, firm, association, or corporation duly licensed and au thorized in this state to transact insurance. (3) (A) 'Managing general agent' means any person, firm, association, or corporation who negotiates and binds ceding reinsurance contracts on behalf of an insurer or manages all or part of the insurance business of an insurer, including the management of a separate division, department, or underwriting office and acts as an agent for such insurer whether known as a managing general agent, manager, or other similar term, who, with or without the authority, either separately or together with affiliates, produces, directly or indirectly, and underwrites an amount of gross direct written premium equal to or more than 5 percent of the policyholder surplus as reported in the last annual statement of the insurer in any one quarter or year together with one or more of the following: (i) Adjusts or pays claims in excess of an amount determined by the Commissioner; or (ii) Negotiates reinsurance on behalf of the insurer. (B) Notwithstanding the provisions of subparagraph (A) of this paragraph, the follow ing persons shall not be considered as managing general agents for the purposes of this chapter: (i) An employee of the insurer; 1506 JOURNAL OF THE SENATE (ii) A United States manager of the United States branch of an alien insurer; (iii) An underwriting manager which, pursuant to contract, manages all the insurance operations of the insurer, is under common control with the insurer, subject to Chapter 13 of this title, and whose compensation is not based on the volume of premiums written. (4) 'Producer' means an agent as defined in Chapter 23 of this title. (5) 'Underwrite' means the authority to accept or reject risk on behalf of the insurer. 33-47-3. (a) No person, firm, association, or corporation shall act in the capacity of a managing general agent with respect to risks located in this state for an insurer licensed in this state unless such person is a licensed producer in this state. (b) No person, firm, association, or corporation shall act in the capacity of a managing general agent representing an insurer domiciled in this state with respect to risks located outside this state unless such person is licensed as a producer in this state pursuant to the provisions of this chapter. (c) The Commissioner may require the managing general agent to maintain a surety bond in an amount acceptable to him for the protection of the insurer. The Commissioner may require the managing general agent to maintain an errors and omissions policy. 33-47-4. No person, firm, association, or corporation acting in the capacity of a manag ing general agent shall place business with an insurer unless there is in force a written con tract between the parties which sets forth the responsibilities of each party and where both parties share responsibility for a particular function, specifies the division of such responsi bilities, and which contains the following minimum provisions: (1) The insurer may terminate the contract for cause upon written notice to the manag ing general agent. The insurer may suspend the underwriting authority of the managing general agent during the pendency of any dispute regarding the cause for termination; (2) The managing general agent will render accounts to the insurer detailing all transac tions and remit all funds due under the contract to the insurer on not less than a monthly basis; (3) All funds collected for the account of an insurer will be held by the managing gen eral agent in a fiduciary capacity in a bank which is a member of the Federal Reserve Sys tem. This account shall be used for all payments on behalf of the insurer. The managing general agent may retain no more than three months' estimated claims payments and allo cated loss adjustment expenses; (4) Separate records of business written by the managing general agent will be main tained. The insurer shall have access to and right to copy all accounts and records related to its business in a form usable by the insurer and the Commissioner shall have access to all books, bank accounts, and records of the managing general agent in a form usable to the Commissioner. Such records shall be retained according to rules and regulations promul gated by the Commissioner; (5) The contract may not be assigned in whole or part by the managing general agent; (6) Appropriate underwriting guidelines including: (A) The maximum annual premium volume; (B) The basis of the rates to be charged; (C) The types of risks which may be written; (D) Maximum limits of liability; (E) Applicable exclusions; (F) Territorial limitations; (G) Policy cancellation provisions; and THURSDAY, MARCH 7, 1991 1507 (H) The maximum policy period; The insurer shall have the right to cancel or nonrenew any policy of insurance subject to the provisions of Chapter 24 of this title which relate to cancellation and nonrenewal of policies. (7) If the contract permits the managing general agent to settle claims on behalf of the insurer: (A) All claims must be reported to the company in a timely manner; (B) A copy of the claim file will be sent to the insurer at its request or as soon as it becomes known that the claim: (i) Has the potential to exceed an amount determined by the Commissioner or exceeds the limit set by the company, whichever is less; (ii) Involves a coverage dispute; (iii) May exceed the managing general agent's claims settlement authority; (iv) Is open for more than six months; or (v) Is closed by payment of an amount set by the Commissioner or an amount set by the company, whichever is less; (C) All claim files will be the joint property of the insurer and the managing general agent. However, upon an order of liquidation of the insurer such files shall become the sole property of the insurer or its estate; the managing general agent shall have reasonable access to and the right to copy the files on a timely basis; and (D) Any settlement authority granted to the managing general agent may be terminated for cause upon the insurer's written notice to the managing general agent or upon the termi nation of the contract. The insurer may suspend the settlement authority during the pen dency of any dispute regarding the cause for termination; (8) Where electronic claims files are in existence, the contract must address the timely transmission of the data; (9) If the contract provides for a sharing of interim profits by the managing general agent, and the managing general agent has the authority to determine the amount of the interim profits by establishing loss reserves or controlling claim payments, or in any other manner, interim profits will not be paid to the managing general agent until one year after they are earned for property insurance business and five years after they are earned on casualty business and not until the profits have been verified pursuant to Code Section 3347-5; and (10) The managing general agent shall not: (A) Bind reinsurance or retrocessions on behalf of the insurer, except that the managing general agent may bind facultative reinsurance contracts pursuant to obligatory facultative agreements if the contract with the insurer contains reinsurance underwriting guidelines including, for both reinsurance assumed and ceded, a list of reinsurers with which such automatic agreements are in effect, the coverages and amounts or percentages that may be reinsured and commission schedules; (B) Commit the insurer to participate in insurance or reinsurance syndicates; (C) Appoint any producer without assuring that the producer is lawfully licensed to transact the type of insurance for which he is appointed; (D) Without prior approval of the insurer, pay or commit the insurer to pay a claim over a specified amount, net of reinsurance, which shall not exceed 1 percent of the insurer's policyholder's surplus as of December 31 of the last completed calendar year; (E) Collect any payment from a reinsurer or commit the insurer to any claim settlement with a reinsurer, without prior approval of the insurer. If prior approval is given, a report must be promptly forwarded to the insurer; 1508 JOURNAL OF THE SENATE (F) Permit its subproducer to serve on the insurer's board of directors; (G) Jointly employ an individual who is employed with the insurer; or (H) Appoint a substitute managing general agent. 33-47-5. (a) The insurer shall have on file an independent financial examination, in a form acceptable to the Commissioner, of each managing general agent with which it has done business. (b) If a managing general agent establishes loss reserves, the insurer shall annually ob tain the opinion of an actuary attesting to the adequacy of loss reserves established for losses incurred and outstanding on business produced by the managing general agent. This is in addition to any other required loss reserve certification. (c) The insurer shall periodically and at least semiannually conduct an on-site review of the underwriting and claims processing operations of the managing general agent. (d) Binding authority for all reinsurance contracts or participation in insurance or rein surance syndicates shall rest with an officer of the insurer, who shall not be affiliated with the managing general agent. (e) Within 30 days of entering into or termination of a contract with a managing general agent, the insurer shall provide written notification of such appointment or termination to the Commissioner. Notices of appointment of a managing general agent shall include a statement of duties which the applicant is expected to perform on behalf of the insurer, the lines of insurance for which the applicant is to be authorized to act, and any other informa tion the Commissioner may request. (f) An insurer shall review its books and records each quarter to determine if any pro ducer has become, by operation of paragraph (2) of Code Section 33-47-2, a managing gen eral agent. If the insurer determines that a producer has become a managing general agent, the insurer shall promptly notify the producer and the Commissioner of such determination and the insurer and producer must fully comply with the provisions of this chapter within 30 days of such determination. (g) An insurer shall not appoint to its board of directors an officer, director, employee, subproducer, or controlling shareholder of its managing general agents. This subsection shall not apply to relationships governed by Chapter 13 of this title or, if applicable, Chapter 48 of this title. 33-47-6. The acts of the managing general agent are considered to be the acts of the insurer on whose behalf it is acting. A managing general agent may be examined as if it were the insurer. 33-47-7. (a) If the Commissioner finds, after a hearing conducted in accordance with Chapter 2 of this title, that any person has violated any provision of this chapter, the Com missioner may order: (1) For each separate violation, a penalty in an amount not to exceed $10,000.00; (2) Revocation or suspension of the producer's license; and (3) The managing general agent to reimburse the insurer or the rehabilitator or liquida tor of the insurer for any losses incurred by the insurer caused by a violation of this chapter committed by the managing general agent. (b) The decision, determination, or order of the Commissioner pursuant to subsection (a) of this Code section shall be subject to judicial review as provided in Chapter 2 of this title. (c) Nothing contained in this Code section shall affect the right of the Commissioner to impose any other penalties provided for in this title. (d) Nothing contained in this chapter is intended to or shall in any manner limit or restrict the rights of policyholders, claimants, and auditors. THURSDAY, MARCH 7, 1991 1509 CHAPTER 48 33-48-1. This chapter shall be known and may be cited as the 'Business Transacted with Producer Controlled Property and Casualty Insurer Act.' 33-48-2. As used in this chapter, the term: (1) 'Control' or 'controlled' means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract other than a contract for goods or nonmanagement services, or otherwise. Control shall be presumed to exist if any person, directly or indirectly, owns, controls, holds with the powers to vote, or holds proxies representing a majority of the outstanding voting securities of any other person. No person shall be deemed to control another person solely by reason of being an officer or director of such other person. (2) 'Independent casualty actuary' means a casualty actuary who is a member of the American Academy of Actuaries and who is not affiliated with; an employee, principal, or direct or indirect owner of; or in any way controlled by the insurer or producer. (3) 'Licensed property and casualty insurer' or 'insurer' means any person, firm, associa tion, or corporation duly licensed to transact a property and casualty insurance business in this state and which issues policies covered by Chapter 36 of this title. The following, inter alia, are not licensed property and casualty insurers for the purposes of this chapter: (A) All nonadmitted insurers; (B) All risk retention groups as defined in the Superfund Amendments Reauthorization Act of 1986, P. L. No. 99-499, 100 Stat. 1613 (1986) and the Risk Retention Act, 15 U.S.C. Section 3901 et seq. (1982 & Supp. 1986) and Chapter 40 of this title; (C) All residual market pools and joint underwriting authorities or associations; and (D) All captive insurers as defined in Chapter 41 of this title. (4) 'Producer' means an insurance agent or broker or agents or brokers or any other person, firm, association, or corporation, when, for any compensation, commission, or other thing of value, such person, firm, association, or corporation acts or aids in any manner in soliciting, negotiating, or procuring the making of any insurance contract on behalf of an insured other than himself or itself. (5) 'Reinsurance intermediary' means any person, firm, association, or corporation who acts as a producer in soliciting, negotiating, or procuring the making of any reinsurance contract or binder on behalf of a ceding insurer or acts as a producer in accepting any reinsurance contract or binder on behalf of an assuming insurer. (6) 'Violation' means, for purposes of this chapter, a finding by the Commissioner that: (A) The controlling producer did not materially comply with Code Section 33-48-3; (B) The controlled insurer, with respect to business placed by the controlling producer, engaged in a pattern of charging premiums that were lower than those being charged by such insurer or other insurers for similar risks written during the same period and placed by noncontrolling producers. When determining whether premiums were lower than those pre vailing in the market, the Commissioner shall take into consideration applicable industry or actuarial standards at the time the business was written; (C) The controlling producer failed to maintain records, sufficient: (i) To demonstrate that such producer's dealings with its controlled insurer were fair and equitable and in compliance with Chapter 13 of this title; (ii) To accurately disclose the nature and details of its transactions with the controlled insurer, including such information as is necessary to support the charges or fees to the respective parties; 1510 JOURNAL OF THE SENATE (D) The controlled insurer, with respect to business placed by the controlling producer, either failed to establish or deviated from its underwriting producers; (E) The controlled insurer's capitalization at the time the business was placed by the controlling producer and with respect to such business was not in compliance with criteria established by the Commissioner or this title; or (F) The controlling producer or the controlled insurer failed to comply substantially with Chapter 13 of this title and any rules and regulations promulgated by the Commis sioner pursuant to such chapter. 33-48-3. (a) No producer which has control of a licensed property and casualty insurer may directly or indirectly place business with such insurer in any transaction in which such producer, at the time the business is placed, is acting as such on behalf of the insured for any compensation, commission, or other thing of value, unless: (1) There is a written contract between the controlling producer and the insurer, which contract has been approved by the board of directors of the insurer; (2) Such producer, prior to the effective date of the policy, shall deliver written notice to the prospective insured disclosing the relationship between such producer and the con trolled insurer. Such disclosure, signed by the insured, shall be retained in the underwriting file until the filing of the report on examination covering the period in which the coverage is in effect. Except that, if the business is placed through a subproducer who is not a control ling producer, the controlling producer shall retain in his records a signed commitment from the subproducer that the subproducer is aware of the relationship between the insurer and the producer and that the subproducer has or will notify the insured; (3) All funds collected for the account of the insurer by the controlling producer must be paid, net of commissions, cancellations, and other adjustments, to the insurer no less often than quarterly; (4) In addition to any other required loss reserve certification, the controlled insurer shall annually, on April 1 of each year, file with the Commissioner an opinion of an indepen dent casualty actuary or other independent loss reserve specialist acceptable to the Commis sioner reporting loss ratios for each line of business written and attesting to the adequacy of loss reserves established for losses incurred, including losses incurred but not reported, and outstanding as of the end of the current year on business placed by such producer; (5) The controlled insurer shall annually report to the Commissioner the amount of commissions paid to such producer, the percentage such amount represents of the net pre miums written, and comparable amounts and percentages paid to noncontrolling producers for placements of the same kinds of insurance; and (6) Every controlled insurer shall have an audit committee of the board of directors composed of independent directors. Prior to approval of the annual financial statement, the audit committee shall meet with management, the insurer's independent certified public accountants, and an independent casualty actuary or other independent loss reserve special ist acceptable to the Commissioner to review the adequacy of the insurer's loss reserves. (b) No reinsurance intermediary which has control of an assuming insurer may directly or indirectly place business with such insurer in any transaction in which such reinsurance intermediary is acting as a broker on behalf of the ceding insurer. No reinsurance intermedi ary which has control of a ceding insurer may directly or indirectly accept business from such insurer in any transaction in which such reinsurance intermediary is acting as a pro ducer on behalf of the assuming insurer. The prohibitions in this subsection shall not apply to a reinsurance intermediary which makes a full and complete written disclosure to the parties of its relationship with the assuming or ceding insurer prior to completion of the transaction. 33-48-4. (a) (1) If the Commissioner has reason to believe that a controlling producer has committed or is committing an act which could be determined to be a violation, as defined in subsection (f) of Code Section 33-48-2, he shall serve upon the controlling pro- THURSDAY, MARCH 7, 1991 1511 ducer a statement of the charges and notice of a hearing to be conducted in accordance with Chapter 2 of this title at a time not less than 30 days after the service of the notice and at a place fixed in the notice. (2) At such hearing, the Commissioner must establish that the controlling producer en gaged in a violation, as defined in subsection (f) of Code Section 33-48-2. The controlling producer shall have an opportunity to be heard and to present evidence rebutting the charges and to establish that the insolvency of the controlled insurer arose out of events not attributable to the violation. The decision, determination, or order of the Commissioner shall be subject to judicial review pursuant to Chapter 2 of this title. (3) Upon the finding, pursuant to the proceeding set forth above that the controlling producer committed a violation, as defined in subsection (f) of Code Section 33-48-2, and the controlling producer failed to establish that such violation did not substantially contrib ute to the insolvency, the controlling producer shall reimburse the Georgia Insurers Insol vency Pool or the Georgia Life and Health Insurance Guaranty Association for all payments made for losses, loss adjustment, and administrative expenses on the business placed by such producer in excess of gross earned premiums and investment income earned on premi ums and loss reserves for such business. (4) Nothing contained in this Code section shall affect the right of the Commissioner to impose any other penalties provided for in this title. (b) Nothing contained in this chapter is intended to or shall in any manner alter or affect the rights of policyholders, claimants, creditors, or other third parties. CHAPTER 49 33-49-1. This chapter shall be known and may be cited as the 'Reinsurance Intermedi ary Act.' 33-49-2. As used in this chapter, the term: (1) 'Actuary' means a person who is a member in good standing of the American Acad emy of Actuaries. (2) 'Controlling person' means any person, firm, association, or corporation who directly or indirectly has the power to direct or cause to be directed the management, control, or activities of the reinsurance intermediary. (3) 'Insurer' means any person, firm, association, or corporation duly licensed in this state pursuant to the applicable provisions of the insurance law as an insurer. (4) 'Licensed producer' means an agent, broker, or reinsurance intermediary licensed pursuant to the applicable provision of this title. (5) 'Qualified United States financial institution' means an institution that: (A) Is organized or, in the case of a United States office of a foreign banking organiza tion, licensed under the laws of the United States or any state thereof; (B) Is regulated, supervised, and examined by United States federal or state authorities having regulatory authority over banks and trust companies; and (C) Has been determined by either the Commissioner or the Securities Valuation Office of the National Association of Insurance Commissioners to meet such standards of financial condition and standing as are considered necessary and appropriate to regulate the quality of financial institutions whose letters of credit will be acceptable to the Commissioner. (6) 'Reinsurance intermediary' means a reinsurance intermediary broker or a reinsur ance intermediary manager as these terms are defined in paragraphs (7) and (8) of this Code section. (7) 'Reinsurance intermediary broker' or 'broker' means any person, other than an of ficer or employee of the ceding insurer, firm, association, or corporation who solicits, negoti- 1512 JOURNAL OF THE SENATE ates, or places reinsurance cessions or retrocessions on behalf of a ceding insurer without the authority or power to bind reinsurance on behalf of such insurer. (8) 'Reinsurance intermediary manager' or 'manager' means any person, firm, associa tion, or corporation who has authority to bind or manages all or part of the assumed rein surance business of a reinsurer, including the management of a separate division, depart ment, or underwriting office, and acts as an agent for such reinsurer whether known as a reinsurance intermediary manager, manager, or other similar term. Notwithstanding the above, for the purposes of this chapter the following persons shall not be considered as reinsurance intermediary managers with respect to such reinsurer: (A) An employee of the reinsurer; (B) A United States manager of the United States branch of an alien reinsurer; (C) An underwriting manager which, pursuant to contract, manages all the reinsurance operations of the reinsurer, is under common control with the reinsurer, subject to Chapter 13 of this title, and whose compensation is not based on the volume of premiums written; or (D) The manager of a group, association, pool, or organization of insurers which engages in joint underwriting or joint reinsurance and who is subject to examination by the commis sioner of insurance of the state in which the manager's principal business office is located. (9) 'Reinsurer' means any person, firm, association, or corporation duly licensed in this state pursuant to the applicable provisions of this title as an insurer with the authority to assume reinsurance. (10) 'To be in violation' means that the reinsurance intermediary, insurer, or reinsurer for whom the reinsurance intermediary was acting failed to substantially comply with the provisions of this chapter. 33-49-3. (a) No person, firm, association, or corporation shall act as a broker in this state if the broker maintains an office either directly or as a member or employee of a firm or association or as an officer, director, or employee of a corporation: (1) In this state, unless such broker is a licensed producer in this state; or (2) In another state, unless such broker is a licensed producer in this state or another state having a law substantially similar to this law or unless such broker is licensed in this state as a nonresident reinsurance intermediary. (b) No person, firm, association, or corporation shall act as a manager: (1) For a reinsurer domiciled in this state, unless such manager is a licensed producer in this state; (2) In this state, if the manager maintains an office either directly or as a member or employee of a firm or association or as an officer, director, or employee of a corporation in this state, unless such manager is a licensed producer in this state; (3) In another state for a nondomestic insurer, unless such manager is a licensed pro ducer in this state or another state having a law substantially similar to this law or such person is licensed in this state as a nonresident reinsurance intermediary. (c) The Commissioner may require a manager subject to subsection (b) of this Code section to: (1) File a bond in an amount from an insurer acceptable to the Commissioner for the protection of the reinsurer; and (2) Maintain an errors and omissions policy in an amount acceptable to the Commissioner. (d) (1) The Commissioner may issue a reinsurance intermediary license to any person, firm, association, or corporation who has complied with the requirements of this chapter. Any such license issued to a firm or association will authorize all the members of such firm or association and any designated employees to act as reinsurance intermediaries under the THURSDAY, MARCH 7, 1991 1513 license, and all such authorized persons shall be named in the application and any supple ments thereto. Any such license issued to a corporation shall authorize all of the officers, and any designated employees and directors thereof, to act as reinsurance intermediaries on behalf of such corporation, and all such authorized persons shall be named in the applica tion and any supplements thereto. (2) If the applicant for a reinsurance intermediary license is a nonresident, such appli cant, as a condition precedent to receiving or holding a license, shall designate the Commis sioner as agent for service of process in the manner, and with the same legal effect, provided for by this chapter for designation of service of process upon unauthorized insurers; and also shall furnish the Commissioner with the name and address of a resident of this state upon whom notices or orders of the Commissioner or process affecting such nonresident reinsur ance intermediary may be served. Such licensee shall promptly notify the Commissioner in writing of every change in its designated agent for service of process, and such change shall not become effective until acknowledged by the Commissioner. (e) The Commissioner may refuse to issue a reinsurance intermediary license if in his judgment the applicant; any person named on the application; any member, principal, of ficer, or director of the applicant; or any controlling person of such applicant is not trust worthy to act as a reinsurance intermediary or that any of the foregoing has given cause for revocation or suspension of such license or has failed to comply with any prerequisite for the issuance of such license. Upon written request therefor, the Commissioner will furnish a summary of the basis for refusal to issue a license, which document shall be privileged and not subject to Article 4 of Chapter 18 of Title 50, relating to the inspection of public records. (f) Licensed attorneys at law of this state when acting in their professional capacity as such shall be exempt from this Code section. 33-49-4. Transactions between a broker and the insurer it represents in such capacity shall only be entered into pursuant to a written authorization specifying the responsibilities of each party. The authorization shall, at a minimum, provide that: (1) The insurer may terminate the broker's authority at any time; (2) The broker will render accounts to the insurer accurately detailing all material transactions, including information necessary to support all commissions, charges, and other fees received by or owing to the broker, and remit all funds due to the insurer within 30 days of receipt; (3) All funds collected for the insurer's account will be held by the broker in a fiduciary capacity in a bank which is a qualified United States financial institution; (4) The broker will comply with Code Section 33-49-5; (5) The broker will comply with the written standards established by the insurer for the cession or retrocession of all risks; and (6) The broker will disclose to the insurer any relationship with any reinsurer to which business will be ceded or retroceded. 33-49-5. (a) For at least ten years after expiration of each contract of reinsurance trans acted by the broker, the broker will keep a complete record for each transaction showing: (1) The type of contract, limits, underwriting restrictions, classes or risks, and territory; (2) The period of coverage, including effective and expiration dates, cancellation provi sions, and notice required of cancellation; (3) Reporting and settlement requirements of balances; (4) The rate used to compute the reinsurance premium; (5) The names and addresses of assuming reinsurers; 1514 JOURNAL OF THE SENATE (6) Rates of all reinsurance commissions, including the commissions on any retroces sions handled by the broker; (7) Related correspondence and memoranda; (8) Proof of placement; (9) Details regarding retrocessions handled by the broker including the identity of re trocessionaires and the percentage of each contract assumed or ceded; (10) Financial records, including, but not limited to, premium and loss accounts; and (11) When the broker procures a reinsurance contract on behalf of a licensed ceding insurer; (A) Directly from any assuming reinsurer, written evidence that the assuming reinsurer has agreed to assume the risk; or (B) If placed through a representative of the assuming reinsurer, other than an em ployee, written evidence that such reinsurer has delegated binding authority to the representative. (b) The insurer will have access and the right to copy and audit all accounts and records maintained by the broker related to its business in a form usable by the insurer. 33-49-6. (a) An insurer shall not engage the services of any person, firm, association, or corporation to act as a broker on its behalf unless such person is licensed as required by subsection (a) of Code Section 33-49-3. (b) An insurer may not employ an individual who is employed by a broker with which it transacts business unless such broker is under common control with the insurer and subject to Chapter 13 of this title. (c) The insurer shall annually obtain a copy of statements of the financial condition of each broker with which it transacts business. 33-49-7. Transactions between a manager and the reinsurer it represents in such capac ity shall only be entered into pursuant to a written contract, specifying the responsibilities of each party, which shall be approved by the reinsurer's board of directors. At least 30 days before such reinsurer assumes or cedes business through such producer, a true copy of the approved contract shall be filed with the Commissioner for approval. The contract shall, at a minimum, provide that: (1) The reinsurer may terminate the contract for cause upon written notice to the man ager. The reinsurer may immediately suspend the authority of the manager to assume or cede business during the pendency of any dispute regarding the cause for termination; (2) The manager will render accounts to the reinsurer accurately detailing all material transactions, including information necessary to support all commissions, charges, and other fees received by or owing to the manager, and remit all funds due under the contract to the reinsurer on not less than a monthly basis; (3) All funds collected for the reinsurer's account will be held by the manager in a fiduciary capacity in a bank which is a qualified United States financial institution as de fined in paragraph (5) of Code Section 33-49-2. The manager may retain no more than three months' estimated claims payments and allocated loss adjustment expenses. The manager shall maintain a separate bank account for each reinsurer that it represents; (4) For at least ten years after expiration of each contract of reinsurance transacted by the manager, the manager will keep a complete record for each transaction showing: (A) The type of contract, limits, underwriting restrictions, classes or risks, and territory; (B) The period of coverage, including effective and expiration dates, cancellation provi sions and notice required of cancellation, and disposition of outstanding reserves on covered risks; THURSDAY, MARCH 7, 1991 1515 (C) Reporting and settlement requirements of balances; (D) The rate used to compute the reinsurance premium; (E) The names and addresses of reinsurers; (F) Rates of all reinsurance commissions, including the commissions on any retroces sions handled by the manager; (G) Related correspondence and memoranda; (H) Proof of placement; (I) Details regarding retrocessions handled by the manager, as permitted by subsection (d) of Code Section 33-49-9, including the identity of retrocessionaires and the percentage of each contract assumed or ceded; (J) Financial records, including, but not limited to, premium and loss accounts; and (K) When the manager places a reinsurance contract on behalf of a ceding insurer: (i) Directly from any assuming reinsurer, written evidence that the assuming reinsurer has agreed to assume the risk; or (ii) If placed through a representative of the assuming reinsurer, other than an em ployee, written evidence that such reinsurer has delegated binding authority to the representative; (5) The reinsurer will have access and the right to copy all accounts and records main tained by the manager related to its business in a form usable by the reinsurer; (6) The contract cannot be assigned in whole or in part by the manager; (7) The manager will comply with the written underwriting and rating standards estab lished by the insurer for the acceptance, rejection, or cession of all risks; (8) The rates, terms, and purposes of commissions, charges, and other fees which the manager may levy against the reinsurer are set forth; (9) If the contract permits the manager to settle claims on behalf of the reinsurer: (A) All claims will be reported to the reinsurer in a timely manner; (B) A copy of the claim file will be sent to the reinsurer at its request or as soon as it becomes known that the claim: (i) Has the potential to exceed the lesser of an amount determined by the Commis sioner or the limit set by the reinsurer; (ii) Involves a coverage dispute; (iii) May exceed the manager's claims settlement authority; (iv) Is open for more than six months; or (v) Is closed by payment of the lesser of an amount set by the Commissioner or an amount set by the reinsurer; (C) All claim files will be the joint property of the reinsurer and manager. However, upon an order of liquidation of the reinsurer such files shall become the sole property of the reinsurer or its estate; the manager shall have reasonable access to and the right to copy the files on a timely basis; and (D) Any settlement authority granted to the manager may be terminated for cause upon the reinsurer's written notice to the manager or upon the termination of the contract. The reinsurer may suspend the settlement authority during the pendency of the dispute regarding the cause of termination; (10) If the contract provides for a sharing of interim profits by the manager, that such interim profits will not be paid until one year after the end of each underwriting period for 1516 JOURNAL OF THE SENATE property business and five years after the end of each underwriting period for casualty busi ness or a later period set by the Commissioner for specified lines of insurance and not until the adequacy of reserves on remaining claims has been verified pursuant to subsection (c) of Code Section 33-49-9; (11) The manager will annually provide the reinsurer with a statement of its financial condition prepared by an independent certified accountant; (12) The reinsurer shall periodically and at least semi-annually conduct an on-site re view of the underwriting and claims processing operations of the manager; (13) The manager will disclose to the reinsurer any relationship it has with any insurer prior to ceding or assuming any business with such insurer pursuant to this contract; and (14) Within the scope of its actual or apparent authority the acts of the manager shall be deemed to be the acts of the reinsurer on whose behalf it is acting. 33-49-8. The manager shall not: (1) Cede retrocessions on behalf of the reinsurer, except that the manager may cede facultative retrocessions pursuant to obligatory facultative agreements if the contract with the reinsurer contains reinsurance underwriting guidelines for such retrocessions. Such guidelines shall include a list of reinsurers with which such automatic agreements are in effect, and for each such reinsurer, the coverages and amounts or percentages that may be reinsured, and commission schedules; (2) Commit the reinsurer to participate in reinsurance syndicates; (3) Appoint any producer without assuring that the producer is lawfully licensed to transact the type of reinsurance for which he is appointed; (4) Without prior approval of the reinsurer, pay or commit the reinsurer to pay a claim, net of retrocessions, that exceeds the lesser of an amount specified by the reinsurer or 1 percent of the reinsurer's policyholder's surplus as of December 31 of the last complete calendar year; (5) Collect any payment from a retrocessionaire or commit the reinsurer to any claim settlement with a retrocessionaire, without prior approval of the reinsurer. If prior approval is given, a report must be promptly forwarded to the reinsurer; (6) Jointly employ an individual who is employed by the reinsurer unless such manager is under common control with the reinsurer subject to Chapter 13 of this title; or (7) Appoint a submanager. 33-49-9. (a) A reinsurer shall not engage the services of any person, firm, association, or corporation to act as a manager on its behalf unless such person is licensed as required by subsection (b) of Code Section 33-49-3. (b) The reinsurer shall annually obtain a copy of statements of the financial condition of each manager which such reinsurer has engaged prepared by an independent certified accountant in a form acceptable to the Commissioner. (c) If a manager establishes loss reserves, the reinsurer shall annually obtain the opin ion of an actuary attesting to the adequacy of loss reserves established for losses incurred and outstanding on business produced by the manager. This opinion shall be in addition to any other required loss reserve certification. (d) Binding authority for all retrocessional contracts or participation in reinsurance syndicates shall rest with an officer of the reinsurer who shall not be affiliated with the manager. (e) Within 30 days of termination of a contract with a manager, the reinsurer shall provide written notification of such termination to the Commissioner. (f) A reinsurer shall not appoint to its board of directors, any officer, director, employee, THURSDAY, MARCH 7, 1991 1517 controlling shareholder, or subproducer of its manager. This subsection shall not apply to relationships governed by Chapter 13 or Chapter 48 of this title. 33-49-10. (a) A reinsurance intermediary shall be subject to examination by the Com missioner. The Commissioner shall have access to all books, bank accounts, and records of the reinsurance intermediary in a form usable to the Commissioner. (b) A manager may be examined as if it were the reinsurer. 33-49-11. (a) A reinsurance intermediary, insurer, or reinsurer found by the Commis sioner, after a hearing conducted in accordance with Chapter 2 of this title, to be in viola tion of any provision of this chapter, shall: (1) For each separate violation, pay a penalty in an amount not exceeding $10,000.00; (2) Be subject to revocation or suspension of its license; and (3) If a violation was committed by the reinsurance intermediary, such reinsurance in termediary shall make restitution to the insurer, reinsurer, rehabilitator, or liquidator of the insurer or reinsurer for the net losses incurred by the insurer or reinsurer attributable to such violation. (b) The decision, determination, or order of the Commissioner pursuant to subsection (a) of this Code section shall be subject to judicial review pursuant to Chapter 2 of this title. (c) Nothing contained in this section shall affect the right of the Commissioner to im pose any other penalties provided in this title. (d) Nothing contained in this chapter is intended to or shall in any manner limit or restrict the rights of policyholders, claimants, creditors, or other third parties or confer any rights to such persons." Section 9. (a) This Act shall become effective on July 1, 1991. (b) Section 2 of this Act shall apply to all reinsurance cessions after July 1, 1991, which have had an inception, anniversary, or renewal date not less than six months after July 1, 1991. (c) Sections 3 and 4 of this Act shall apply to transactions between affiliates or subsidi aries taking place on or after July 1, 1991. (d) Section 6 of this Act shall become effective on July 1, 1991; provided, however, that persons required to be licensed under Section 6 shall have until January 1, 1992, to procure such license. Section 10. All laws and parts of laws in conflict with this Act are repealed. Senator Robinson of the 16th moved that the Senate agree to the House substitute to SB 347. On the motion, a roll call was taken, and the vote as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Gillis Hammill Harris Henson Hill Hooks Huggins Johnson Marable Moye Newbill Perdue Perry Phillips Pollard 1518 JOURNAL OF THE SENATE Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Tate Thompson Timmons Turner Walker of 43rd White Those not voting were Senators: Garner Hasty Kidd Langford Olmstead Steinberg Taylor Tysinger (excused) Walker of 22nd On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 347. The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage: HB 614. By Representative Lane of the 27th: A bill to amend Code Section 8-3-50 of the Official Code of Georgia Annotated, relating to the appointment, qualifications, and tenure of housing authority com missioners, so as to change the population requirements of said Code section ap plicable to municipalities having a certain population. Senate Sponsors: Senators Harris of the 27th and Scott of the 36th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Egan English Foster Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Marable Moye Newbill Olmstead Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Tate Thompson Timmons Turner White Those not voting were Senators: Edge Garner Kidd Langford Phillips Steinberg Taylor Tysinger (excused) Walker of 22nd Walker of 43rd On the passage of the bill, the yeas were 46, nays 0. THURSDAY, MARCH 7, 1991 1519 The bill, having received the requisite constitutional majority, was passed. HB 615. By Representative Lane of the 27th: A bill to amend Code Section 22-4-11.1 of the Official Code of Georgia Anno tated, relating to municipalities with populations of 400,000 or more, according to the United States decennial census of 1970 or any future census, exercising pow ers for public works projects not financed in whole or in part from federal funds, so as to change the population requirements; to repeal a specific Act. Senate Sponsors: Senators Harris of the 27th and Scott of the 36th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Gillis Harris Hasty Henson Hill Hooks Huggins Marable Moye Newbill Perdue Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Tate Thompson Timmons Turner Walker of 22nd Walker of 43rd White Those not voting were Senators: Broun Garner (excused conferee) Hammill Johnson (excused conferee) Kidd Langford Olmstead Perry Steinberg Taylor Tysinger (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 bill of the Senate was taken up for the purpose of considering the House substitute thereto: SB 169. By Senator Egan of the 40th: A bill to amend Code Section 36-37-6.1 of the Official Code of Georgia Anno tated, relating to the sale, exchange, lease, or grant of an easement over certain property by certain municipalities, so as to provide that such municipalities are authorized to enter into certain contracts relating to such property; to provide an effective date. 1520 JOURNAL OF THE SENATE The House substitute to SB 169 was as follows: A BILL To be entitled an Act to amend Code Section 36-37-6.1 of the Official Code of Georgia Annotated, relating to the sale, exchange, lease, or grant of an easement over certain prop erty by certain municipalities, so as to provide that such municipalities are authorized to enter into certain contracts relating to such property; 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 36-37-6.1 of the Official Code of Georgia Annotated, relating to the sale, exchange, lease, or grant of an easement over certain property by certain munici palities, is amended by striking in its entirety subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows: "(c) (1) All such municipalities shall have authority to lease out and grant easements over property used primarily for recreational purposes to others consistent with general park and recreational purposes for a period not exceeding 50 years and for a valuable con sideration. Any such recreational property which was formerly used for annual regional fair purposes but is no longer so used may be leased by any such municipality to one or more private entities for terms of not more than 50 years each for development and use as motion picture and television production, processing, and related facilities together with all such support and service facilities as are necessary or convenient to such use. (2) All such municipalities shall have authority to enter into contracts and renewals and extensions of contracts for the cooperative operation, maintenance, cooperative manage ment, and funding of property which in no way limits the governance or the policy role of said municipalities which property is used primarily for recreational purposes consistent with general park and recreational purposes, for periods not exceeding ten years and for a valuable consideration." 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 Egan of the 40th moved that the Senate agree to the House substitute to SB 169. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Bishop Bowen Broun Burton Clay CDoalwliknisns Deal Dean Echols Edge Egan English Foster Gillis Harris Hasty Hill Hugging MMoayraeble Newbill Perdue Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Shumake Starr T, hompson Timmons Turner Walker of 22nd Walker of 43rd White THURSDAY, MARCH 7, 1991 1521 Those not voting were Senators: Baldwin Coleman Garner (excused conferee) Hammill Henson Hooks Johnson (excused conferee) Kidd Langford Olmstead Perry Scott Steinberg Taylor Tysinger (excused) On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 169. The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage: HB 646. By Representatives Parham of the 105th, Jackson of the 9th and Barnett of the 10th: A bill to amend Code Section 10-1-651 of the Official Code of Georgia Annotated, relating to termination, cancellation, or nonrenewal of a motor vehicle franchise, so as to provide that the protections afforded to motor vehicle dealers shall be available to a motor vehicle distributor. Senate Sponsor: Senator Harris of the 27th. The Senate Committee on Public Safety offered the following substitute to HB 646: A BILL To be entitled an Act to amend Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to motor vehicle franchises, so as to provide for warranty reimbursement to dealers; to provide that the protections afforded to motor vehicle dealers shall be available to a motor vehicle distributor; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to motor vehicle franchises, is amended by striking in its entirety paragraph (2) of subsection (a) of Code Section 10-1-641, relating to the requirement that the dealer's predelivery preparation, warranty service, and recall work obligations be provided in writing, which reads as follows: "(2) In the determination of what constitutes reasonable compensation under this Code section, the principal factors to be considered shall be the prevailing wage rates being paid by dealers in the community in which the dealer is doing business. In no event shall the hourly labor rate paid to a dealer for such work and service be less than the rate charged by such dealer for like work and service to nonwarranty customers for nonwarranty service and repairs, provided such rate is not unreasonable.", and inserting in lieu thereof the following: "(2) In the determination of what constitutes reasonable compensation for parts reim bursement and labor rates under this Code section, the principal factors to be considered shall be the retail price paid to dealers for parts and the prevailing hourly labor rates paid to dealers doing the repair, work, or service and to other dealers in the community in which the dealer doing the repair, work, or service is doing business for the same or similar repair, work, or service. However, in no event shall parts reimbursement paid to the dealer be less than the retail price for such parts being paid to such dealer by nonwarranty customers for nonwarranty parts replacement, and in no event shall the hourly labor rate paid to a dealer for such warranty repair, work, or service be less than the rate charged by such dealer for like repair, work, or service to nonwarranty customers for nonwarranty repair, work, or service." Section 2. Said article is further amended by adding at the end of Code Section 10-1- 1522 JOURNAL OF THE SENATE 651, relating to termination, cancellation, or nonrenewal of a motor vehicle franchise, a new subsection (j) to read as follows: "(j) All procedures, protections, and remedies afforded to a motor vehicle dealer under this Code section shall be available to a motor vehicle distributor whose distributor agree ment is terminated, canceled, not renewed, modified, or replaced by a manufacturer or an importer." Section 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Cl, ay Collins Dawkins Deal Dean Echols Edge Egan English Foster Gillis Hammill Harris Hook. s Huggins Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson ,,Starr ,ife Thompson Timmons Turner Walker of 22nd Walker of 43rd White Those not voting were Senators: Coleman Garner (excused conferee) Henson Johnson (excused conferee) Kidd Langford Olmstead Scott Shumake Steinberg Taylor Tysinger (excused) On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. HB 528. By Representatives Dobbs of the 74th, Walker of the 115th, Watson of the 114th and others: A bill to amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics' and materialmen's liens, so as to provide for the preclusion of the waiver of mechanics' lien and bond rights in advance of performance of labor or provision of materials. Senate Sponsor: Senator Dawkins of the 45th. THURSDAY, MARCH 7, 1991 1523 The Senate Committee on Special Judiciary offered the following substitute to HB 528: A BILL To be entitled an Act to amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics' and materialmen's 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; to provide for the preclusion of the waiver of mechanics' lien and bond rights in advance of performance of labor or provision of materials; to provide a form for an interim waiver of lien and bond rights in connection with progress payments; to provide a form for a final waiver of lien and bond rights in connection with final payment; to provide for failure to fill out the forms correctly; to provide for excep tions; to provide for applicability with respect to certain lien rights; to provide for a deter mination of payment in full; to provide for an Affidavit of Nonpayment Form; to provide for voiding affidavits of nonpayment; to provide for the applicability of the affidavit of nonpay ment with respect to waiver and release; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics' and materialmen's liens, is amended by striking para graph (3) of Code Section 44-14-360, relating to definitions, in its entirety and inserting in lieu thereof a new paragraph (3) to read as follows: "(3) 'Materials,' in addition to including those items for which liens are already permit ted under this part, means tools, appliances, machinery, or equipment used in making im provements to the real estate, to the extent of the reasonable value or the contracted rental price, whichever is greater, of such tools, appliances, machinery, or equipment." Section 2. Said part is further amended by striking Code Section 44-14-361, relating to creation of liens, in its entirety and inserting in lieu thereof a new Code Section 44-14-361 to read as follows: "44-14-361. (a) The following persons shall each have a special lien on the real estate, factories, railroads, or other property for which they furnish labor, services, or materials: (1) All mechanics of every sort who have taken no personal security for work done and material furnished in building, repairing, or improving any real estate of their employers; (2) All contractors, all subcontractors and all materialmen furnishing material to sub contractors, and all laborers furnishing labor to subcontractors, materialmen, and persons furnishing material for the improvement of real estate; (3) All registered architects furnishing plans, drawings, designs, or other architectural services on or with respect to any real estate; (4) All registered foresters performing or furnishing services on or with respect to any real estate; (5) All registered land surveyors and registered professional engineers performing or furnishing services on or with respect to any real estate; (6) All contractors, all subcontractors and materialmen furnishing material to subcon tractors, and all laborers furnishing labor for subcontractors for building factories, furnish ing material for factories, or furnishing machinery for factories; (7) All machinists and manufacturers of machinery, including corporations engaged in such business, who may furnish or put up any mill or other machinery in any county or who may repair the same; (8) All contractors to build railroads; and (9) All suppliers furnishing rental tools, appliances, machinery, or equipment for the improvement of real estate. 1524 JOURNAL OF THE SENATE (b) Each special lien specified in subsection (a) of this Code section may attach to the real estate for which the labor, services, or materials were furnished if they are furnished at instance of the owner, contractor, or some person acting for the owner or contractor." Section 3. Said part is further amended by adding at the end thereof a new Code Sec tion 44-14-366 to read as follows: "44-14-366. (a) A right to claim a lien or to claim upon a bond may not be waived in advance of furnishing of labor, services, or materials. Any purported waiver or release of lien or bond claim or of this Code section executed or made in advance of furnishing of labor, services, or materials is null, void, and unenforceable. (b) No oral or written statement by the claimant purporting to waive, release, impair, or otherwise adversely affect a lien or bond claim is enforceable or creates an estoppel or im pairment of claim of lien or claim upon a bond unless: (1) It is pursuant to a waiver and release form duly executed by claimant prescribed below; and (2) The claimant has received payment for the claim as set forth in subsection (f) of this Code section. (c) When a claimant is requested to execute a waiver and release in exchange for or in order to induce payment other than final payment, the waiver and release must follow sub stantially the following form, and the priority of such claimant's lien rights, except as to retention, shall thereafter run from the date specified in such Interim Waiver and Release upon Payment form: INTERIM WAIVER AND RELEASE UPON PAYMENT STATE OF GEORGIA COUNTY OF ____________ The undersigned mechanic and/or materialman has been employed by (name of contractor) to furnish ____________ (describe materials and/or labor) for the construction of improvements known as ___________ (title of the project or building) which is located in the City of ____________, County of ___________, and is owned by ____________ (name of owner) and more particularly described as follows: (DESCRIBE THE PROPERTY UPON WHICH THE IMPROVEMENTS WERE MADE BY USING EITHER A METES AND BOUNDS DESCRIPTION, THE LAND LOT DISTRICT, BLOCK AND LOT NUMBER, OR STREET ADDRESS OF THE PROJECT.) Upon the receipt of the sum of $______, the mechanic and/or materialman waives and releases any and all liens or claims of liens it has upon the foregoing described property through the date of ____________ (date) and excepting those rights and liens that the mechanic and/or materialman might have in any retained amounts, on account of labor or materials, or both, furnished by the undersigned to or on account of said contractor for said building or premises. Given under hand and seal this ______ day of ______19__. ________________________ (Seal) (Witness) (Address) THURSDAY, MARCH 7, 1991 1525 Provided, however, that the failure to correctly complete any of the blank spaces in the above form shall not invalidate said form so long as the subject matter of said release may reasonably be determined. (d) When a claimant is requested to execute a waiver and release in exchange for or in order to induce payment of final payment, the waiver and release must follow substantially the following form: UNCONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT STATE OF GEORGIA COUNTY OF _____ The undersigned mechanic and/or materialman has been employed by _________ (name of contractor) to furnish ------------------------ (describe materials and/or labor) for the construction of improvements known as ___________ (title of the project or building) which is located in the City of ____________, County of ____________, and is owned by ____________ (name of owner) and more partic ularly described as follows: (DESCRIBE THE PROPERTY UPON WHICH THE IMPROVEMENTS WERE MADE BY USING EITHER A METES AND BOUNDS DESCRIPTION, THE LAND LOT DISTRICT, BLOCK AND LOT NUMBER, OR STREET ADDRESS OF THE PROJECT.) Upon the receipt of the sum of $ ____________, the mechanic and/or materialman waives and releases any and all liens or claims of liens or any right against any labor and/or material bond it has upon the foregoing described property. Given under hand and seal this ______ day of ______19__. _______________________ (Seal) (Witness) (Address) NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT YET BEEN PAID, USE A CONDI TIONAL RELEASE FORM. Provided, however, that the failure to correctly complete any of the blank spaces in the above form shall not invalidate said form so long as the subject matter of said release may reasonably be determined. (e) Nothing contained in this Code section shall affect: (1) The enforceability of any subordination of lien rights by a potential lien claimant to the rights of any other party which may have or acquire an interest in all or any part of the real estate, factories, railroads, or other property for which the potential lien claimant has furnished labor, services, or material, even though such subordination is entered into in advance of furnishing labor, services, or material and even though the claimant has not actually received payment in full for its claim; (2) The enforceability of any waiver of lien rights given in connection with the settle- 1526 JOURNAL OF THE SENATE ment of a bona fide dispute concerning the amount due the lien claimant for labor, services, or material which have already been furnished; (3) The validity of a cancellation or release of a recorded claim of lien or preliminary notice of lien rights; or (4) The provisions of paragraph (2) of subsection (a) of Code Section 44-14-361.2, paragraphs (3) and (4) of subsection (a) and subsections (b) and (c) of Code Section 44-14361.4, or Code Section 44-14-364. (f) (1) When a waiver and release provided for in this Code section is executed by the claimant, it shall be binding against the claimant for all purposes, subject only to payment in full of the amount set forth in the waiver and release. (2) Such amounts shall conclusively be deemed paid in full upon the earliest to occur of: (A) Actual receipt of funds; (B) Execution by the claimant of a separate written acknowledgement of payment in full; or (C) Thirty days after the date of the execution of the waiver and release, unless prior to the expiration of said 30 day period the claimant files a claim of lien or files in the county in which the property is located an Affidavit of Nonpayment, using substantially the following form: AFFIDAVIT OF NONPAYMENT UNDER O.C.G.A. SECTION 44-14-366 STATE OF GEORGIA COUNTY OF _____ The undersigned mechanic and/or materialman has been employed by (name of contractor) to furnish ____________ (describe materials and/or labor) for the construction of improvements known as ____________ (title of the project or building) which is located in the City of ____________, County of ____________, and is owned by ____________ (name of owner) and more particularly described as follows: (DESCRIBE THE PROPERTY UPON WHICH THE IMPROVEMENTS WERE MADE BY USING EITHER A METES AND BOUNDS DESCRIPTION, THE LAND LOT DISTRICT, BLOCK AND LOT NUMBER, OR STREET ADDRESS OF THE PROJECT.) Pursuant to O.C.G.A. Section 44-14-366 the undersigned executed a lien waiver and release with respect to this property dated ______. 19__. The amount set forth in said waiver and release ($______) has not been paid, and the undersigned hereby gives notice of such nonpayment. The above facts are sworn true and correct by the undersigned, this -------- day of ______, 19 __. Claimant's Signature Sworn to and executed in the presence of: ______________________ (Seal) (SEAL) Witness Notary Public THURSDAY, MARCH 7, 1991 1527 (3) A claimant who is paid, in full, the amount set forth in the waiver and release form after filing an Affidavit of Nonpayment shall upon request execute in recordable form an affidavit swearing that payment in full has been received. Upon recordation thereof in the county in which the Affidavit of Nonpayment was recorded, the Affidavit of Nonpayment to which it relates shall be deemed void. (4) Nothing in this Code section shall shorten the time within which to file a claim of lien. (5) A waiver and release provided in this Code section shall be suspended upon filing of an Affidavit of Nonpayment until payment in full has been received. (6) The claimant may rely upon the information contained in the waiver and release form when completing for filing the Affidavit of Nonpayment or claim of lien." Section 4. Section 3 of this Act shall become effective on January 1, 1992. The remain ing sections of this Act shall become effective on July 1, 1991. Section 5. All laws and parts of laws in conflict with this Act are repealed. Senator Dawkins of the 45th offered the following amendment: Amend the substitute to HB 528 offered by the Senate Committee on Special Judiciary by adding on line 17 on page 4, between the word "from" and the word "the", the following: "the day after". On the adoption of the amendment, the yeas were 32, nays 0, and the amendment was adopted. On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Clay Collins Dawkins Deal Dean Echols Edge English Foster Garner Gillis Hammill Harris Hasty Henson Hooks Huggins Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Starr Tate Taylor Thompson Timmons Turner Walker of 22nd Walker of 43rd White Those not voting were Senators: Coleman Egan Hill Johnson Kidd Langford 1528 JOURNAL OF THE SENATE Olmstead Scott Shumake Steinberg Tysinger (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. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate: SB 321. By Senator Kidd of the 25th: A bill to amend an Act creating and establishing a new charter for the City of Eatonton, as amended, so as to change the corporate limits of the city. The Speaker has appointed on the part of the House, Representatives Parrish of the 109th, Green of the 106th and Parham of the 105th. The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage: HB 656. By Representative Cummings of the 17th: A bill to amend Code Section 47-3-83 of the Official Code of Georgia Annotated, relating to creditable service for military service under the Teachers Retirement System of Georgia, so as to provide for a continuation of employer contributions for members required to perform ordered military duty. Senate Sponsor: Senator White of the 48th. The following Certification, as required by law, was read by the Secretary: Department of Audits 254 Washington Street, SW 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 7, 1991 SUBJECT: House Bill 656 (LC 7 7926) Teachers Retirement System This bill provides for continued employer contributions for members under the Teach ers Retirement System required to perform ordered military duty. The employer contribu tion would be made for the period during which the member served in the armed forces and in the same amount that would have been contributed had the member remained in em ployment without change in compensation. THURSDAY, MARCH 7, 1991 1529 This is to certify that this is a nonfiscal retirement bill as defined in the Public Retire ment Systems Standards Law. /a/ G.W. Hogan State Auditor The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Deal Dean Echols Edge Egan English Garner Gillis Hammill Harris Hasty Henson Hill Huggins Johnson Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Shumake Tate Taylor Thompson Turner Walker of 22nd Walker of 43rd White Those not voting were Senators: Dawkins Foster Hooks Kidd Langford Olmstead Scott Starr Steinberg Timmons Tysinger (excused) On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 493. By Representatives Watts of the 41st, Murphy of the 18th and Cummings of the 17th: A bill to provide for an additional assistant district attorney for the Tallapoosa Judicial Circuit and provide for appointment, qualifications, employment status, duties, compensation, and expenses of such office. Senate Sponsor: Senator Dean of the 31st. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Bishop Bowen Broun Burton Clay Coleman Collins 1530 JOURNAL OF THE SENATE Deal Dean Echols Edge Egan English Garner Gillis Hammill Harris Hasty Hill Huggins Kidd Marable Moye Newbill Olmstead Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ray Robinson Scott Starr Tate Taylor Thompson Turner Walker of 43rd White Those not voting were Senators: Baldwin Dawkins Foster Henson Hooks Johnson Langford Phillips Ramsey Shumake Steinberg Timmons Tysinger (excused) Walker of 22nd On the passage of the bill, the yeas were 42, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 69. By Representatives Thomas of the 69th and Groover of the 99th: A bill to amend Article 1 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to certiorari and appeals to appellate courts in general, so as to change the bill of costs in every case carried to the Supreme Court or to the Court of Appeals to $100.00. Senate Sponsor: Senator Baldwin of the 29th. The Senate Committee on Judiciary offered the following substitute to HB 69: A BILL To be entitled an Act to amend Article 1 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to certiorari and appeals to appellate courts in general, so as to change the bill of costs for application to the Supreme Court for writs of certiorari, for applications for appeals to the Supreme Court and the Court of Appeals, and for appeals to the Supreme Court or the Court of Appeals; to provide for payment of costs; to provide an exception; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to certiorari and appeals to appellate courts in general, is amended by striking Code Section 5-6-4, relating to bills of costs of the Supreme Court and the Court of Appeals, which reads as follows: "5-6-4. The bill of costs in every case carried to the Supreme Court or to the Court of Appeals and heard therein shall be $30.00. In every case carried to the courts and with drawn or dismissed on or before the case is called for argument, the bill of costs shall be $20.00. Upon filing his original brief, counsel for appellant shall: (1) pay all costs due in the case;(2) file with his brief a statement that an affidavit of indigence has been duly filed; or (3) filed with this brief his own affidavit that he was appointed to represent the defendant by the trial court because of the defendant's indigency. The clerk is prohibited from receiv ing the brief of the appellant unless the costs have been paid or a sufficient affidavit of indigence is contained in the record or filed with the brief.", THURSDAY, MARCH 7, 1991 1531 in its entirety and inserting in lieu thereof the following: "5-6-4. The bill of costs for every application to the Supreme Court for a writ of certiorari or for applications for appeals filed in the Supreme Court or the Court of Appeals or appeals to the Supreme Court or the Court of Appeals shall be $80.00. The costs shall be paid by counsel for the applicant or appellant at the time of the filing of the application or, in the case of direct appeals, at the time of the filing of the original brief of the appellant. In those cases in which the writ of certiorari or an application for appeal is granted, there shall be no additional costs. Costs shall not be required in those instances when at the time the same are due counsel for the applicant or appellant shall file a statement that an affidavit of indigence has been duly filed or file an affidavit that he or she was appointed to represent the defendant by the trial court because of the defendant's indigency. The clerk is prohib ited from receiving the application for appeal or the brief of the appellant unless the costs have been paid or a sufficient affidavit of indigence is filed or contained in the record." 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: Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Deal Dean Echols Edge Egan English Foster Gillis Hammill Harris Hasty Henson Hill Huggins Johnson Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Robinson Scott Shumake Tate Taylor Thompson Turner Walker of 22nd Walker of 43rd White Voting in the negative was Senator Albert. Those not voting were Senators: Dawkins Garner Hooks Kidd Langford Ramsey Starr Steinberg Timmons Tysinger (excused) On the passage of the bill, the yeas were 45, nays 1. The bill, having received the requisite constitutional majority, was passed by substitute. 1532 JOURNAL OF THE SENATE HB 139. By Representatives Parham of the 105th, Barnett of the 10th and Harris of the 84th: A bill to amend Article 7 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, the "Uniform Commercial Driver's License Act," so as to change the applicability of the Act to certain types of vehicles; to change certain require ments for issuance of a commercial driver's license. Senate Sponsor: Senator Moye of the 34th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Bowen Broun Burton Clay Coleman Collins Dean Edge Egan Foster Garner Hammill Hasty Hill Huggins Johnson Marable Moye Newbill Phillips Pollard Ragan of 32nd Ramsey Robinson Scott Starr Taylor Thompson Walker of 22nd Walker of 43rd White Those voting in the negative were Senators: Echols English Gillis Perdue Ragan of 10th Ray Turner Those not voting were Senators: Baldwin Bishop Dawkins Deal Harris Henson Hooks Kidd Langford Olmstead Perry Shumake Steinberg Tate Timmons Tysinger (excused) On the passage of the bill, the yeas were 33, nays 7. The bill, having received the requisite constitutional majority, was passed. HB 476. By Representative Groover of the 99th: A bill to amend Code Section 36-12-5 of the Official Code of Georgia Annotated, relating to interment of deceased indigent persons, so as to allow the amount of expense incurred by the county governing authority for interment of deceased indigent persons to be determined at the discretion of the governing authority of each county without limitation linked to the population of the 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. THURSDAY, MARCH 7, 1991 1533 On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Dean Echols Edge English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Marable Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Tate Taylor Thompson Timmons Turner Walker of 22nd Walker of 43rd White Those not voting were Senators: Deal Egan Kidd Langford Moye Shumake Steinberg Tysinger (excused) On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. The following bill of the Senate was taken up for the purpose of considering the House substitute thereto: SB 180. By Senators Ragan of the 10th, Foster of the 50th, Hasty of the 51st and others: A bill to amend Code Section 45-20-51 of the Official Code of Georgia Annotated, relating to definitions applicable to allowing voluntary deductions from wages or salaries of state employees for the benefit of certain charitable organizations, so as to change the definition of an eligible voluntary charitable organization to in clude the Georgia Fund for Technical and Adult Education, Inc. The House substitute to SB 180 was as follows: A BILL To be entitled an Act to amend Code Section 20-4-11 of the Official Code of Georgia Annotated, relating to the powers of the State Board of Technical and Adult Education, so as to authorize said board to establish a plan for the employees of the Department of Tech nical and Adult Education to make voluntary contributions through payroll deduction to a certain fund for technical and adult education; 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. Code Section 20-4-11 of the Official Code of Georgia Annotated, relating to the powers of the State Board of Technical and Adult Education, is amended by striking the 1534 JOURNAL OF THE SENATE word "and" where it appears at the end of paragraph (6); by striking the period appearing at the end of paragraph (7) and inserting in lieu thereof the following: "; and" and by adding at the end of said Code section a new paragraph (8) to read as follows: "(8) To establish a plan whereby employees of the Department of Technical and Adult Education may, through payroll deductions, make voluntary contributions to the Georgia Fund for Technical and Adult Education, Inc., provided that such plan shall: (A) Be consistent with the requirements of subsection (b) of Code Section 45-20-53, Code Section 45-20-54, Code Section 45-20-55, and Code Section 45-20-56; and (B) Not interfere with the right of employees of the Department of Technical and Adult Education to make voluntary contributions to other charitable organizations pursuant to the provisions of Article 3 of Chapter 20 of Title 45." Section 2. All laws and parts of laws in conflict with this Act are repealed. Senator Ragan of the 10th moved that the Senate agree to the House substitute to SB 180. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun urton ^CCool,lyleimnsan Dawkins Deal D ean Echols Egan English Gillis Hammill Harris Hasty Henson Hill Hooks Huggins J,p.o,ahrnasb,ol,ne Move Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Thompson Timmons Turner Walker of 22nd Walker of 43rd White Those not voting were Senators: Edge Foster Garner Kidd Langford Steinberg Tysinger (excused) On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 180. The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage: HB 478. By Representatives Murphy of the 18th and Groover of the 99th: 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 THURSDAY, MARCH 7, 1991 1535 Superior Court Judges Retirement System," so as to delete the provisions rela tive to mandatory retirement age and forfeiture of benefits in connection there with. Senate Sponsor: Senator Deal of the 49th. The following Certification, as required by law, was read by the Secretary: Department of Audits 254 Washington Street, SW 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: February 15, 1991 SUBJECT: House Bill 478 (Substitute) (LC 7 7955S) Superior Court Judges Retirement System--Trial Judges and Solicitors Re tirement Fund As amended, this substitute bill provides an exception to the provisions that superior court judges who serve beyond the age of 75 and inferior court or juvenile court judges who serve beyond the age of 70 would forfeit certain benefits and contributions. To be exempt from the provision, such judges would have to obtain certification by the Judicial Qualifica tions Commission by a certain date that he is capable of serving in such office. The certifica tion would be required for the term served during which the superior court judge and the inferior court or juvenile court judge attained the age of 75 and 70, respectively, and for each successive term served beyond that age. 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 Alien Baldwin Bishop Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Kidd Marable Moye Olmstead Perdue Perry Pollard Ragan of 10th Ramsey Ray Robinson Scott Shumake Steinberg Tate Taylor Thompson Timmons 1536 JOURNAL OF THE SENATE Turner Walker of 22nd White Those not voting were Senators: Bowen Edge Egan Johnson Langford Newbill Phillips Ragan of 32nd Starr Tysinger (excused) Walker of 43rd On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 146. By Representative Aiken of the 21st: A bill to amend Code Section 20-2-795.1 of the Official Code of Georgia Anno tated, relating to reports to the Professional Practices Commission of certain offenses committed by school system educators, so as to change the list of reportable offenses. Senate Sponsor: Senator Clay of the 37th. Senator Collins of the 17th offered the following substitute to HB 146: A BILL To be entitled an Act to amend Code Section 20-2-143 of the Official Code of Georgia Annotated, relating to sex education and AIDS prevention instruction, so as to provide a definition; to provide that a course of study in sex education and AIDS prevention instruc tion shall teach abstinence from sexual contact as an effective method of prevention of preg nancy and sexually transmitted disease; to amend Code Section 20-2-795.1 of the Official Code of Georgia Annotated, relating to reports to the Professional Practices Commission of certain offenses committed by school system educators, so as to change the list of reportable offenses; 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 20-2-143 of the Official Code of Georgia Annotated, relating to sex education and AIDS prevention instruction, is amended by striking subsection (a) in its entirety and inserting in its place a new subsection (a) to read as follows: "(a) Each local board of education shall prescribe a course of study in sex education and AIDS prevention instruction for such grades and grade levels in the public school sys tem as shall be determined by the State Board of Education. Such course of study shall implement either the minimum course of study provided for in subsection (b) of this Code section or its equivalent, as approved by the State Board of Education. Each local board of education shall be authorized to supplement and develop the exact approach of content areas of such minimum course of study with such specific curriculum standards as it may deem appropriate. Such standards shall include instruction relating to the handling of peer pressure, promotion of high self-esteem, local community values, and sexual abstinence as an effective method of prevention of pregnancy, sexually transmitted diseases, and acquired immune deficiency syndrome. For the purposes of this subsection, the term 'sexual absti nence' means to refrain from any contact for the purpose of sexual gratification of one per son with the intimate parts, meaning the genital area, groin, inner thighs, buttocks, or breasts of a person not married to the other person." Section 2. Code Section 20-2-795.1 of the Official Code of Georgia Annotated, relating to reports to the Professional Practices Commission of certain offenses committed by school THURSDAY, MARCH 7, 1991 1537 system educators, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows: "(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 Code Sections 16-6-1 through 16-6-17 or Code Sections 16-6-20 through 16-6-22.2; (3) Any sexual exploitation of a minor as provided for in Code Section 16-12-100; (4) Any offense involving marijuana or a controlled substance, as provided for in Chap ter 13 of Title 16; (5) Any offense involving theft, as provided for in Articles 1 and 2 of Chapter 8 of Title 16; or (6) 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." Section 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, Senator Collins of the 17th called for the yeas and nays; the call was sustained, and the vote was as follows: Those voting in the affirmative were Senators: Bowen Burton Collins Egan Hill Marable Newbill Perdue Phillips Ragan of 32nd Ray White Those voting in the negative were Senators: Albert Alien Baldwin Bishop Broun Clay Coleman Dawkins Deal Dean Echols Edge English Foster Garner Gillis Hammill Harris Hasty Henson Hooks Huggins Johnson Kidd Moye Olmstead Perry 1538 JOURNAL OF THE SENATE Pollard Ragan of 10th Robinson Scott Steinberg Tate Taylor Thompson Timmons Turner Walker of 22nd Walker of 43rd Those not voting were Senators: Langford Shumake Starr Tysinger (excused) On the adoption of the substitute, the yeas were 12, nays 40, and the substitute was lost. Senator Walker of the 43rd moved that HB 146 be placed on the Table. Senator Walker of the 43rd asked unanimous consent to withdraw his motion; the con sent was granted, and the motion 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 Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Walker of 22nd White Voting in the negative was Senator Walker of the 43rd. Those not voting were Senators: Langford Ragan of 10th Shumake Tysinger (excused) On the passage of the bill, the yeas were 51, nays 1. The bill, having received the requisite constitutional majority, was passed. THURSDAY, MARCH 7, 1991 1539 HB 344. By Representative Lawson of the 9th: A bill to amend Code Section 20-2-2002 of the Official Code of Georgia Anno tated, relating to the establishment of an interlocal risk management agency for boards of education, and Code Section 36-85-1 of the Official Code of Georgia Annotated, relating to definitions used with respect to interlocal risk manage ment agencies, so as to authorize boards of education of independent school sys tems to participate in the interlocal risk mangement agency for municipalities. Senate Sponsor: Senator Hasty 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 Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Walker of 22nd White Those not voting were Senators: Garner Langford Shumake Tysinger (excused) Walker of 43rd On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Olmstead of the 26th introduced the doctor of the day, Dr. Kent C. Kyzar, of Macon, Georgia. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: HB 296. By Representatives Teper of the 46th, Alford of the 57th, Sherrill of the 47th and others: A bill to amend Code Section 47-20-10 of the Official Code of Georgia Annotated, relating to minimum employer contributions to retirement systems under the "Public Retirement Systems Standards Law," so as to provide that prefunding 1540 JOURNAL OF THE SENATE anticipated future costs of providing health care benefits for retired employees shall not be subject to such minimum funding requirements. Senate Sponsors: Senators Tate of the 38th and Henson of the 55th. The following Certification, as required by law, was read by the Secretary: Department of Audits 254 Washington Street, SW Room 214 Atlanta, Georgia 30334-8400 STATE AUDITOR'S CERTIFICATION TO: The Honorable Doug Teper State Representative FROM: G.W. Hogan, State Auditor DATE: January 16, 1991 SUBJECT: House Bill 296 (LC 21 0849) Public Retirement Systems Standards Law (OCGA 47-20-10) This bill provides that prefunding of anticipated future costs of providing health care benefits for retired employees would not be subject to the minimum funding requirements under the Public Retirement Systems Standards Law. Such prefunding may be maintained in the same investment pool with the funds received from employee and employer contribu tions for the cost of retirement benefits provided that each fund is separately accounted for and separate records are maintained. 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. /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 Bishop Bowen Broun Burton Coleman /CD-i oaiwlth-knisns Deal Echols Edge English Foster Gillis Hammill Hasty Henson Hill Hooks Johnson T KMriad-rjdjable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey pjay 0 Ro.b.inson O S,, CteOm. ttb, erg l ate Taylor Thompson Turner Walker of 22nd White THURSDAY, MARCH 7, 1991 1541 Those not voting were Senators: Alien Baldwin Dean Egan Garner Harris Langford Shumake Starr Timmons Tysinger (excused) Walker of 43rd On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Garner of the 30th moved that the Senate stand in recess until 1:30 o'clock P.M., and the motion prevailed. At 12:11 o'clock P.M., the President announced that the Senate would stand in recess until 1:30 o'clock P.M. At 1:30 o'clock P.M., Senator Deal of the 49th, President Pro Tempore, called the Sen ate 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 26. 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 dental prostheses, so as to require all dentures and other removable dental protheses to be marked with the name or social security number of the intended wearer. Senate Sponsor: Senator Scott of the 36th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Alien Baldwin Broun Burton lav. Colhns Dawkins Dean Egan English Foster Garner Gillis Harris Hasty Henson H.111 . Huggms Kidd Marable Moye Newbill Olmstead Perdue Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson ^ f, , Taylor Thompson Timmons Turner White Those not voting were Senators: Albert Bishop Bowen Coleman Deal (presiding) Echols Edge Hammill Hooks Johnson Langford Perry Phillips Ray Shumake 1542 JOURNAL OF THE SENATE Starr Steinberg Tate Tysinger (excused) Walker of 22nd Walker of 43rd On the passage of the bill, the yeas were 35, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 315. By Representative Childers of the 15th: A bill to amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to the Georgia Board of Dentistry and the licensed practice of dentistry and dental hygienists, so as to change the definition of the acts which constitute the practice of dentistry. 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: Alien Baldwin Broun Burton ,v C lh " s DDaewankins gn English Foster Garner Gillis Harris Hasty Henson Hill Hooks Huggins Johnson ,K,i.d,d, Marable M ye Newbill Olmstead Perdue Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott 0St, ei.nb, erg Tate Wor Thompson Timmons Turner White Those not voting were Senators: Albert BishP BCoowleemnan Deal (presiding) Echols Edge Hammill TLangf.ord, Perry Phillips Shumake Starr ,,Tysi.nger (, excused,), Walker of 22nd Walker of 43rd On the passage of the bill, the yeas were 40, nays 0. The bill, having received the requisite constitutional majority, was passed. The following bill of the Senate was taken up for the purpose of considering the House amendment thereto: SB 154. By Senator Johnson of the 47th: A bill to amend Code Section 33-24-3 of the Official Code of Georgia Annotated, relating to the requirements for finding an insurable interest for purposes of ob taining personal insurance, so as to clarify the intent of the law that any corpora tion, foreign or domestic, shall have an insurable interest in the life or physical or THURSDAY, MARCH 7, 1991 1543 mental ability of any of its directors, officers, or employees or the directors, of ficers, or employees of any of its subsidiaries. The House amendment was as follows: Amend SB 154 by inserting on line 17 of page 1 following the word and symbol "in tent;" the following: "to provide that certain charitable institutions shall have an insurable interest in the life of any donor;", By inserting immediately following line 26 on page 2 the following: "Section 2. Said Code section is further amended by adding a new subsection (f) to read as follows: '(f) A charitable institution as denned under Sections 501 (c) (3), 501 (c) (6), 501 (c) (8), and 501 (c) (9) of the Internal Revenue Code of 1986 shall have an insurable interest in the life of any donor.' ", ber "B3y",striking the number "2" on line 27 of page 2 and inserting in lieu thereof the num ber "B4y".striking the number "3" on line 30 of page 2 and inserting in lieu thereof the num Senator Johnson of the 47th moved that the Senate agree to the House amendment to SB 154. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Baldwin Bowen Burton Clay Coleman Collins Dawkins Dean Egan English Foster Garner Gillis Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Olmstead Perdue Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Steinberg Tate Thompson Timmons Turner White Those not voting were Senators: Albert Alien BBrisohuonp Deal (presiding) Echols Edge Hammill PLearnrgyford Phillips Shumake Starr Taylor rTrysm ger <, excused_j>\ Walker of 22nd Walker of 43rd On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 154. 1544 JOURNAL OF THE SENATE The following bill of the Senate was taken up for the purpose of considering the House substitute thereto: SB 142. By Senator Ramsey of the 54th: A bill to amend Chapter 14 of Title 12 of the Official Code of Georgia Annotated, relating to oil or hazardous material spills or releases, so as to define certain terms; to provide for reporting of spills or releases of hazardous substances in certain amounts. The House substitute to SB 142 was as follows: A BILL To be entitled an Act to amend Chapter 14 of Title 12 of the Official Code of Georgia Annotated, relating to oil or hazardous material spills or releases, so as to define certain terms; to provide for reporting of spills or releases of hazardous substances in certain amounts; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Chapter 1. Chapter 14 of Title 12 of the Official Code of Georgia Annotated, relating to oil or hazardous material spills or releases, is amended by striking in it entirety Code Sec tion 12-14-1, relating to definitions, and inserting in lieu thereof a new Code Section 12-14-1 to read as follows: "12-14-1. As used in this chapter, the term: (1) 'Board' means the Board of Natural Resources of the State of Georgia. (2) 'Director, means the director of the Environmental Protection Division of the De partment of Natural Resources. (3) 'Division, means the Environmental Protection Division of the Department of Natu ral Resources. (4) 'Hazardous substance' means any substance designated pursuant to Section 311(b) (2)(A) of the Clean Water Act, 33 U.S.C. Section 1321(b)(2)(A); any element, compound, mixture, solution, or substance designated pursuant to Section 102 of 42 U.S.C. Section 9602; any hazardous waste having the characteristics identified under or listed pursuant to Section 3001 of the Solid Waste Disposal Act, 42 U.S.C. Section 6921, but not including any waste the regulation of which under the Solid Waste Disposal Act has been suspended by act of Congress; any toxic pollutant listed under Section 307 (a) of the Clean Water Act, 33 U.S.C. Section 1317(a); any hazardous air pollutant listed under Section 112 of the Clean Air Act, 42 U.S.C. Section 7412; and any imminently hazardous chemical substance or mix ture with respect to which the administrator of the United States Environmental Protection Agency has taken action pursuant to Section 7 of the Toxic Substance Control Act, 15 U.S.C. Section 2606. The term does not include petroleum, including crude oil or any frac tion thereof, which is not otherwise specifically listed or designated as a hazardous sub stance in the first sentence of this paragraph, and the term does not include natural gas, natural gas liquids, liquefied natural gas, synthetic gas usuable for fuel, or mixtures of natu ral gas and such synthetic gas. (5) 'Oil' includes but is not limited to gasoline, crude oil, fuel oil, diesel oil, lubricating oil, sludge, oil refuse, oil mixed with wastes, and any other petroleum related product. (6) 'Person' includes an individual, trust, firm, joint-stock company, corporation, part nership, association, county, municipal corporation, political subdivision, interstate body, the state and any agency or authority thereof, and the federal government and any agency thereof. (7) 'Reportable quantity' means the amount of a hazardous substance which, if released into the environment in such quantity within any 24 hour period, must be reported to the THURSDAY, MARCH 7, 1991 1545 division in the event of a spill or release. The reportable quantity for mixtures is the amount of the hazardous substance components of a mixture. Reportable quantities are those listed in 40 C.F.R. Part 302--Designation, Reportable Quantities and Notification. (8) 'Spill or release' means the discharge, deposit, injection, dumping, spilling, emitting, releasing, leaking, or placing of any hazardous substance into the air or into or on any land or water of the state, except from an underground storage tank and all plumbing and piping relating thereto or except high-level or low-level radioactive waste from a federally licensed nuclear facility or as authorized by state or federal law or a permit from the division. This term shall also mean the discharge of oil into waters of this state which will cause a signifi cant film or sheen upon or discoloration of the surface of such waters or adjoining shorelines or cause a sludge or emulsion to be deposited beneath the surface of such waters or upon adjoining shorelines. Accidental discharges of oil made by an individual during maintenance of that individual's personal vehicle or farm machinery shall be exempt." Section 2. Said chapter is further amended by striking in its entirety Code Section 1214-2, relating to the reporting of spilled or leased oil or hazardous material, and inserting in lieu thereof a new Code Section 12-14-2 to read as follows: "12-14-2. Oil or any hazardous substance spilled or released shall be reported under Code Section 12-14-3. The board is authorized to promulgate rules and regulations neces sary for the enforcement of this chapter." Section 3. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 12-14-3, relating to notification of the Environmental Protection Division of the Department of Natural Resources of certain spills, and inserting in lieu thereof the fol lowing: "(a) Any person owning or having control over any oil or hazardous substance who has knowledge of any spill or release of such oil or who has knowledge of any spill or release of such hazardous substance in a quantity equal to or exceeding the reportable quantity or who has knowledge of a spill or release of an unknown quantity of oil or a hazardous substance shall immediately notify the division through the Department of Natural Resources Emer gency Operations Center as soon as that person knows of the spill or release." Section 4. All laws and parts of laws in conflict with this Act are repealed. Senator Ramsey of the 54th moved that the Senate agree to the House substitute to SB 142. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Alien Baldwin Bowen Broun Burton Clay CCoollleimnsan Dean Edge English Foster Garner Gillis Harris Hasty Henson Hm Hooks Huggms JKoihdndson Langford Marable Moye Newbill Olmstead Perdue Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey R ,,Rofb.inson bcott Tate Taylor Thompson Turner White Those not voting were Senators: Albert Bishop Dawkins Deal (presiding) Echols Egan 1546 JOURNAL OF THE SENATE Hammill Perry Shumake Starr Steinberg Timmons Tysinger (excused) Walker of 22nd Walker of 43rd On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 142. The President resumed the Chair. 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 269. By Representative Childers of the 15th: A bill to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to change the provisions relating to certificates of birth for adoptees born outside the state; to change the provisions relating to new certificates of birth following adoption or legitimation. Senate Sponsor: Senator Alien of the 2nd. The Senate Committee on Health and Human Services offered the following substitute to HB 269: A BILL To be entitled an Act to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to change who certifies certain reports and certifi cates to county treasurers; to change the provisions relating to registration of births; to change the provisions relating to registration of delayed certificates of birth; to change when and by whom certificates of death and certain medical certifications must be filed, com pleted, signed, and returned; to change the provisions relating to certificates of birth for adoptees born outside the state; to change the provisions relating to permits for certain dispositions of a dead body or fetus; to change the provisions relating to amendments of certificates or reports; to change the provisions relating to certain listings of deaths in insti tutions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, is amended by striking subsection (a) of Code Section 31-10-8, relating to certifications to county treasurers of certain births and deaths, and inserting in its place a new subsection to read as follows: "(a) The local registrar shall certify to the treasurer of the county each month the num ber of birth and death certificates and spontaneous fetal death reports filed with the state office of vital records with respect to the treasurer's county and the amount due. Upon certification, any fees due shall be paid by the county treasurer out of the general fund of the county." Section 2. Said chapter is further amended by striking Code Section 31-10-9, relating to registration of births, and inserting in its place a new Code section to read as follows: "31-10-9. (a) A certificate of birth for each live birth which occurs in this state shall be filed with the local registrar of the county in which the birth occurs within ten days after such birth and filed in accordance with this Code section and regulations of the department. (b) When a birth occurs in an institution or enroute thereto, the person in charge of such institution or that person's designated representative shall obtain the personal data, prepare the birth certificate, secure the signatures required for the certificate, and file it with the local registrar. The physician in attendance shall certify to the facts of birth and provide the medical information required by the certificate within 72 hours after the birth occurs. If the physician in attendance does not certify to the facts of birth within the 72 THURSDAY, MARCH 7, 1991 1547 hour period, the person in charge of the institution or that person's designated representa tive shall complete and sign the certificate. (c) Except as provided in subsection (b) of this Code section, when a birth occurs outside an institution, the certificate shall be prepared and filed by one of the following in the indicated order of priority: (1) The physician or midwife in attendance at or immediately after the birth, or in the absence of such person; (2) Any other person in attendance at or immediately after the birth, or in the absence of such a person; (3) The father, the mother, or in the absence of the father and inability of the mother, the person in charge of the premises where the birth occurred. (d) When a birth occurs on a moving conveyance within the United States and the child is first removed from the conveyance in this state, the birth shall be registered in this state and the place where it is first removed shall be considered the place of birth. When a birth occurs on a moving conveyance while in international waters or airspace or in a foreign country or its airspace and the child is first removed from the conveyance in this state, the birth shall be registered in this state but the certificate shall show the actual place of birth insofar as can be determined. (e) The name of the natural father or putative father shall be entered on the certificate of live birth as follows: (1) If the mother was married either at the time of conception or at the time of birth, the name of the husband shall be entered on the certificate as the father of the child unless paternity has been determined otherwise by a court having jurisdiction, in which case the name of the father as determined by the court shall be entered; (2) If the mother is not married to the father at either the time of conception or at the time of birth, the name of the putative father shall not be entered on the certificate of birth without the written consent of the mother and the person to be named as father; (3) In any case in which paternity of a child is determined by a court of competent jurisdiction, the name of the father and the surname of the child shall be entered on the certificate of birth in accordance with the finding and order of the court; (4) If the father is not named on the certificate of birth, no other information about the father shall be entered on the certificate; or (5) In all other cases, the surname of the child shall be the legal surname of the mother at the time of the birth. (f) The birth certificate of a child born to a married woman as a result of artificial insemination, with consent of her husband, shall be completed in accordance with the provi sions of subsection (e) of this Code section. (g) Either of the parents of the child, or other informant, shall attest to the accuracy of the personal data entered on the certificate in time to permit the filing of the certificate within the ten days prescribed in subsection (a) of this Code section. (h) All birth certificates filed and registered must identify the recorded person by name and the name of each legal parent of such person and the name of all other persons required by this Code section or by regulation. No obscenities, numbers, symbols, or other such nonidentifying name information will be accepted. If a legal parent has not decided upon a name for the child before the time limits established in this Code section, the birth record shall be registered without the child's name unless a court order provides otherwise." Section 3. Said chapter is further amended by striking Code Section 31-10-11, relating to delayed certificates of birth, and inserting in its place a new Code section to read as follows: 1548 JOURNAL OF THE SENATE "31-10-11. (a) When a certificate of birth of a person born in this state has not been filed before that person's first birthday, a delayed certificate of birth may be filed in accor dance with regulations of the department. The certificate shall be registered subject to such evidentiary requirements as the department shall by regulation prescribe to substantiate the alleged facts of birth. (b) Delayed certificates of birth filed after the first birthday shall be made on forms prescribed by the state registrar, marked 'Delayed,' and shall show on their face the date of the delayed registration. (c) A summary statement of the evidence submitted in support of the delayed registra tion shall be endorsed on the delayed certificate of birth. (d) When an applicant does not submit the minimum documentation required in the regulations for delayed registration or when the state registrar has reasonable cause to ques tion the validity or adequacy of the applicant's sworn statement or the documentary evi dence, and if the deficiencies are not corrected, the state registrar shall not register the delayed certificate of birth and shall advise the applicant in writing of the reasons for this action and shall further advise the applicant of the applicant's right of judicial appeal. (e) The department may by regulation provide for the dismissal of an application which is not actively prosecuted. (f) No delayed certificate of birth shall be registered for a deceased person." Section 4. Said chapter is further amended by striking subsection (f) of Code Section 31-10-13, relating to certificates of adoption, and inserting in its place a new subsection to read as follows: "(f) The following shall apply to certificates of birth of adopted persons born in a for eign country: (1) The state registrar shall establish a certificate of birth for a person born in a foreign country when the state registrar receives a certificate of adoption and the child was not a United States citizen at birth. The certificate of adoption shall specify the actual place of birth which shall be shown as the place of birth on the birth certificate. The new birth certificate shall be prepared on a 'Certificate of Foreign Birth' as prescribed by the state registrar; and (2) If a person was born in a foreign country and was a citizen of the United States at the time of birth, the state registrar shall not prepare a 'Certificate of Foreign Birth' and shall notify the adoptive parents of the procedure for obtaining a revised birth certificate for their child through the United States Department of State." Section 5. Said chapter is further amended by striking subsections (a) and (c) of Code Section 31-10-15, relating to filing death certificates, and inserting in their respective places new subsections to read as follows: "(a) A certificate of death for each death which occurs in this state shall be filed with the local registrar of the county in which the death occured or the body was found within five days after the death but prior to the final disposition or removal of the body from this state as follows: (1) If the place of death is unknown but the dead body is found in this state, the certifi cate of death shall be completed and filed in accordance with this Code section. The place where the body is found shall be shown as the place of death. If the date of death is un known, it shall be the date the body was found and the certificate marked as such; or (2) When death occurs in a moving conveyance in the United States and the body is first removed from the conveyance in this state, the death shall be registered in this state and the place where it is first removed shall be considered the place of death. When a death occurs on a moving conveyance while in international waters or airspace or in a foreign country or its airspace and the body is first removed from the conveyance in this state, the THURSDAY, MARCH 7, 1991 1549 death shall be registered in this state but the certificate shall show the actual place of death insofar as can be determined." "(c) The medical certification as to the cause and circumstances of death shall be com pleted, signed, and returned to the funeral director or person acting as such within 72 hours after death by the physician in charge of the patient's care for the illness or condition which resulted in death, except when inquiry is required by the 'Georgia Post-mortem Examina tion Act.' In the absence of said physician or with that physician's approval the certificate may be completed and signed by an associate physician, the chief medical officer of the institution in which death occurred, or the physician who performed an autopsy upon the decedent, provided such individual has access to the medical history of the case, views the deceased at or after death, and death is due to natural causes." Section 6. Said chapter is further amended by striking Code Section 31-10-20, relating to permits for burial, removal, and transit of dead bodies, and inserting in its place a new Code section to read as follows: "31-10-20. (a) The funeral director or person acting as such or other person who first assumes custody of a dead body or fetus shall obtain a disposition permit prior to cremation or removal from the state of the body or fetus. A disposition permit may be required within the state by local authorities. (b) Such disposition permit shall be made available by the local registrar of the county where the death or fetal death occurred, or body or fetus was found, 24 hours a day, seven days a week. (c) A disposition permit issued under the law of another state which accompanies a dead body or fetus brought into this state shall be authority for final disposition of the body or fetus in this state. (d) Prior to final disposition of a dead fetus, irrespective of the duration of pregnancy, the funeral director or person acting as such, the person in charge of the institution, or other person assuming responsibility for final disposition of the fetus shall obtain from the parent(s) authorization for final disposition. (e) Disposition permits shall not be required where disposition of fetal remains is within the institution of occurrence and a registry of such events is maintained by the institution. (f) Authorization for disinterment and reinterment shall be required prior to disinterment of a dead body or fetus. Such authorization shall be issued by the local registrar to a licensed funeral director or other person acting as such, upon proper application, in the county in which the dead body or dead fetus was originally interred and a local registrar who issues such authorization shall not be civilly or criminaly liable therefor if it is issued in good faith. (g) The department shall prescribe rules and regulations so that the local registrars may permit hospitals, funeral homes, or others in their respective counties to issue disposition permits." Section 7. Said chapter is further amended by striking subsections (a) and (f) of Code Section 31-10-23, relating to amendments to certificates, and inserting in their respective places the following: "(a) Unless otherwise specified by law, a certificate or report registered under this chap ter may be amended in accordance with this chapter and regulations adopted by the depart ment to protect the integrity and accuracy of vital records. Such regulations shall specify the minimum evidence required for a change in any certificate or report. Amendments to birth and death certificates shall be completed by the department and a copy mailed to the proper local custodian. Amendments to applications for a marriage license or the license shall be completed by the judge of the probate court of the county in which the license was issued. An amendment to divorce reports shall be completed by the clerk of the superior court of the county in which the decree was granted." 1550 JOURNAL OF THE SENATE "(f) An order from a superior court or probate court shall be required to change the year of birth shown on the original birth certificate by more than one year or to correct any item on a delayed birth certificate, or to remove the name of a father from a birth certificate on file. The person seeking such change, correction, or removal shall institute the proceeding by filing a petition with the appropriate court in the county of residence for an order chang ing the year of birth, correcting a delayed birth certificate, or removing the name of the father from a birth certificate on file. Such petition shall set forth the reasons therefor and shall be accompanied by all available documentary evidence. The court shall set a date for hearing the petition and shall give the state registrar at least ten days' notice of said hear ing. The state registrar or the authorized representative thereof may appear and testify in the proceeding. If the court from the evidence presented finds that such change, correction, or removal should be made, the judge shall issue an order setting out the change to be made and the date of the court's action. The clerk of such court shall forward the petition and order to the state registrar not later than the tenth day of the calendar month following the month in which said order was entered. Such order shall be registered by the state registrar and the change so ordered shall be made." Section 8. Said chapter is further amended by striking subsection (b) of Code Section 31-10-29, relating to privileged disclosures, and inserting in its place a new subsection to read as follows: "(b) Not later than the tenth day of the month following the month of occurrence, the administrator of each institution or that administrator's designated representative shall send to the local vital records registrar a list showing all deaths and fetal deaths occurring in that institution during the preceding month." Section 9. 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: Alien Baldwin Bowen Broun Burton Clay Coleman Collins Deal Echols Edge Egan English Foster Garner Gillis Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Phillips Pollard Ragan of 10th Ragan of 32nd Ray Robinson Scott Steinberg Tate Thompson Turner White Those not voting were Senators: Albert Bishop Dawkins Dean Hammill Perry Ramsey Shumake Starr THURSDAY, MARCH 7, 1991 1551 Taylor Timmons Tysinger (excused) Walker of 22nd Walker of 43rd 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 429. By Representatives Walker of the 115th, Groover of the 99th, Watson of the 114th and others: A bill to amend Code Section 47-9-60 of the Official Code of Georgia Annotated, relating to the office of senior judge, so as to provide that a judge who is receiving a disability retirement benefit is authorized to become a senior judge. Senate Sponsor: Senator Perdue of the 18th. The following Certification, as required by law, was read by the Secretary: Department of Audits 254 Washington Street, SW Room 214 Atlanta, Georgia 30334-8400 STATE AUDITOR'S CERTIFICATION TO: The Honorable Larry Walker State Representative FROM: G.W. Hogan, State Auditor DATE: January 18, 1991 SUBJECT: House Bill 429 (LC 21 0862) Superior Court Judges Retirement System--Senior Judges (OCGA 47-9-60) This bill provides that any judge who receives a disability retirement benefit may be come a senior judge beginning on the effective date of the judge's retirement. 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 Alien Baldwin Bowen Broun Burton Clay Coleman Collins Deal Dean Echols Edge Egan Foster Garner Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Newbill Olmstead Perdue Phillips Pollard Ragan of 10th Ragan of 32nd Robinson Scott Starr Steinberg Tate 1552 JOURNAL OF THE SENATE Taylor Thompson Turner Walker of 22nd White Those not voting were Senators: Bishop Dawkins English Gillis Moye Perry Ramsey Ray Shumake Timmons Tysinger (excused) Walker of 43rd On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed. HR 157. By Representatives Holmes of the 28th, McKinney of the 35th, Orrock of the 30th and others: A resolution designating the Lorenzo Benn Youth Development Center. Senate Sponsor: Senator Steinberg of the 42nd. 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 Alien Baldwin Bowen Broun Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Olmstead Phillips Pollard Ragan of 10th Ragan of 32nd Ray Robinson Starr Steinberg Tate Taylor Thompson Turner Walker of 22nd White Those not voting were Senators: Bishop Deal Moye Newbill Perdue Perry Ramsey Scott Shumake Timmons Tysinger (excused) Walker of 43rd On the adoption of the resolution, the yeas were 44, nays 0. The resolution, having received the requisite constitutional majority, was adopted. THURSDAY, MARCH 7, 1991 1553 HB 118. By Representatives Walker of the 115th, Groover of the 99th and Bostick of the 138th: A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Administrative Procedure Act," so as to provide that any document required to be received by or filed with any state agency shall be deemed to be received by or filed with such agency upon the date such document is actually received or upon the official postmark date such document is mailed, properly addressed with postage prepaid, by registered or certified mail. Senate Sponsor: Senator Baldwin of the 29th. The Senate Committee on Judiciary offered the following substitute to HB 118: A BILL To be entitled an Act to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Administrative Procedure Act," so as to provide that any docu ment required to be received by or filed with any state agency shall be deemed to be re ceived by or filed with such agency upon the date such document is actually received or upon the official postmark date such document is mailed, properly addressed with postage prepaid, by registered or certified mail; 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, the "Geor gia Administrative Procedure Act," is amended by inserting at the end thereof a new Code Section 50-13-23 to read as follows: "50-13-23. Notwithstanding any provision of law to the contrary, any document re quired by law, rule, or regulation to be received by or filed with any agency pursuant to the requirements of this chapter shall be deemed to be received by or filed with such agency on the earlier of: (1) the date such document is actually received by such agency; or (2) the official postmark date such document was mailed, properly addressed with postage prepaid, by registered or certified mail." 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 Alien Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan English Gillis Hammill Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Newbill Olmstead Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Taylor 1554 JOURNAL OF THE SENATE Thompson Turner Walker of 22nd White Those not voting were Senators: Baldwin Deal (excused conferee) Foster Garner (excused conferee) Harris Moye perdue Perrv Shumake Tate Timmons Tysinger (excused) Walker of 43rd On the passage of the bill, the yeas were 43, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. HR 337. By Representatives Smith of the 156th and Fennel of the 155th: A resolution providing for the dedication of the Department of Natural Re sources Regional Headquarters Building in Brunswick, Georgia, in honor of Sa muel Thomas Cofer. 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: Albert Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan English Foster Gillis Hammill Harris Hasty Henson Hooks Huggins Johnson Kidd Langford Marable Newbill Olmstead Perdue Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Taylor Thompson Turner Walker of 22nd White Those not voting were Senators: Deal (excused conferee) Garner (excused conferee) Hill Moye Perry Shumake Tate Timmons Tysinger (excused) Walker of 43rd On the adoption of the resolution, the yeas were 46, nays 0. The resolution, having received the requisite constitutional majority, was adopted. THURSDAY, MARCH 7, 1991 1555 HB 420. By Representative Hammond of the 20th: A bill to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal excise tax levies on charges to the public for rooms, lodgings, and accommodations, so as to provide authorization with certain conditions for certain counties and municipalities to levy such tax. Senate Sponsor: Senator Thompson of the 33rd. The Senate Committee on Finance and Public Utilities offered the following substitute to HB 420: A BILL To be entitled an Act to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal excise tax levies on charges to the public for rooms, lodgings, and accommodations, so as to provide authorization with certain conditions for certain counties and municipalities to levy such tax; to provide for requirements and limitations with respect thereto; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal excise tax levies on charges to the public for rooms, lodgings, and accommodations, is amended by striking paragraphs (1) and (2) of subsection (a) and in serting in their place new paragraphs (1) and (2) to read as follows: "(1) The governing authority of each municipality in this state may levy and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, or any other place in which rooms, lodgings, or accommodations are regularly furnished for value. Within the territorial limits of the special district located within the county, each county in this state may levy and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodgings, or accommodations fur nished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the county for operating within the special district a hotel, motel, inn, lodge, tour ist camp, tourist cabin, or any other place in which rooms, lodgings, or accommodations are regularly furnished for value. No tax shall be levied as provided in this Code section upon the fees or charges for any rooms, lodgings, or accommodations furnished for a period of more than ten consecutive days or for use as meeting rooms. No tax shall be levied as pro vided in this Code section upon the fees or charges for any rooms, lodgings, or accommoda tions furnished for a period of one or more days for use by Georgia state or local government officials or employees when traveling on official business. Except as provided in paragraphs (3), (4), (5), and (5.1) of this subsection, no tax levied pursuant to this Code section shall be levied or collected at a rate exceeding 3 percent of the charge to the public for the furnishings. (2) A county or municipality levying a tax as provided in paragraph (1) of this subsec tion shall in each fiscal year beginning on or after July 1, 1987, expend for the purpose of promoting tourism, conventions, and trade shows a percentage of the total taxes collected under this Code section which is not less than the percentage of such tax collections ex pended for such purposes during the immediately preceding fiscal year. In addition, if dur ing such immediately preceding fiscal year any portion of such tax receipts was expended for such purposes through a grant to or a contract or contracts with the state, a department of state government, a state authority, or a private sector nonprofit organization, then in each fiscal year beginning on or after July 1, 1987, at least the same percentage shall be expended through a contract or contracts with one or more such entities for the purpose of promoting tourism, conventions, and trade shows. The expenditure requirements of this paragraph shall cease to apply to a county or municipality which levies a tax at a rate in excess of 3 1556 JOURNAL OF THE SENATE percent, as authorized under paragraphs (3), (4), (5), and (5.1) of this subsection; and in such case the expenditure requirements of paragraph (3) or (4) or (5) or (5.1) of this subsec tion shall apply instead." Section 2. Said Code section is further amended by adding a new paragraph immedi ately following paragraph (5) of subsection (a), to be designated paragraph (5.1), to read as follows: "(5.1) Notwithstanding any other provision of this subsection, a county (within the the territorial limits of the special district located within the county) or municipality in which a coliseum and exhibit hall authority has been created by local Act of the General Assembly for a county and one or more municipalities therein, and which authority is in existence on or before January 1, 1991, for the purpose of owning or operating a coliseum and exhibit hall facility, the construction of which shall not have been completed on or before January 1, 1991, may levy a tax under this Code section at a rate of 8 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph (5.1)) an amount equal to at least 62 '/z percent of the total taxes collected at the rate of 8 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) funding and supporting a coliseum and exhibit hall facil ity owned or operated for convention and trade show purposes or any other similar or re lated purposes by a coliseum and exhibit hall authority created by local Act of the General Assembly for a county and one or more municipalities therein, and which authority is in existence on or before January 1, 1991; or (C) for some combination of such purposes. Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, a convention and visitors bureau au thority created by local Act of the General Assembly for a municipality, a local coliseum and exhibit hall authority, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities, except that amounts expended for pur pose (B) may be so expended in any otherwise lawful manner without the necessity of a contract. The aggregate amount of all excise taxes imposed under this paragraph (5.1) and all sales and use taxes, and other taxes imposed by a county or municipality, or both, shall not exceed 13 percent. Any tax levied pursuant to this paragraph (5.1) shall terminate not later than December 31, 2028, provided that during any period during which there remains outstanding any obligation which is incurred prior to January 1, 1993, issued to fund a coli seum and exhibit hall facility as contemplated by this paragraph (5.1), and secured in whole or in part by a pledge of a tax authorized under this Code section, the powers of the coun ties and municipalities to impose and distribute the tax imposed by this paragraph (5.1) shall not be diminished or impaired by the state and no county or municpality levying the tax imposed by this paragraph (5.1) shall cease to levy the tax in any manner that will impair the interest and rights of the holders of any such obligation. This proviso shall be for the benefit of the holder of any such obligation and, upon the issuance of any such obliga tion by a coliseum and exhibit hall authority, shall constitute a contract with the holder of such obligations. Notwithstanding any other provision of this Code section to the contrary, as used in this paragraph (5.1), the term: 'fund' and 'funding' shall include the cost and expense of all things deemed necessary by a coliseum and exhibit hall authority for the construction and operation of a coliseum and exhibit hall facility including but not limited to the study, operation, marketing, acquisition, construction, finance, development, exten sion, enlargement, or improvement of land, waters, property, streets, highways, buildings, structures, equipment, or facilities, and the repayment of any obligation incurred by an au thority in connection therewith; 'obligation' shall include bonds, notes, or any instrument creating an obligation to pay or reserve moneys incurred prior to January 1, 1993, and hav ing an initial term of not more than 30 years; and 'coliseum and exhibit hall facility' shall mean a coliseum and exhibit hall facility and any associated parking areas or improvements originally owned or operated incident to the ownership or operation of a facility used for convention and trade show purposes by a coliseum and exhibit hall authority." THURSDAY, MARCH 7, 1991 1557 Section 3. Said Code section is further amended by striking paragraph (6) of subsection (a) and inserting in its place a new paragraph (6) to read as follows: "(6) At no time shall a county or municipality levy a tax under more than one para graph of this subsection. Following the termination of a tax under paragraph (5) or (5.1) of this subsection, any county or municipality which has levied a tax pursuant to paragraph (5) or (5.1) of this subsection shall be authorized to levy a tax in the manner and at the rate authorized by either paragraph (1), paragraph (3), or paragraph (4) of this subsection but shall not thereafter be authorized to again levy a tax under paragraph (5) or (5.1) of this subsection." Section 4. Said Code section is further amended by striking paragraphs (9) and (10) of subsection (a) and inserting in their place new paragraphs (9) and (10) to read as follows: "(9) (A) A county or municipality imposing a tax under paragraph (1), (2), (3), (4), (5), or (5.1) of this subsection shall prior to the imposition of the tax (if the tax is imposed on or after July 1, 1990) and prior to each fiscal year thereafter in which the tax is imposed adopt a budget plan specifying how the expenditure requirements of this Code section will be met. Prior to the adoption of such budget plan, the county or municipality shall obtain from the authorized entity with which it proposes to contract to meet the expenditure requirements of this Code section a budget for expenditures to be made by such organizations; and such budget shall be made a part of the county or municipal budget plan. (B) The determination as to whether a county or municipality has complied with the expenditure requirements of paragraph (2), (3), (4), (5), or (5.1) of this subsection shall be made for each fiscal year beginning on or after July 1, 1987, as of the end of each fiscal year, shall be prominently reflected in the audit required under Code Section 36-81-7, and shall be determined by: (A) calculating the amount of funds expended or contractually commit ted for expenditure as provided in paragraph (2), (3), (4), (5), or (5.1) of this subsection, whichever is applicable, during the fiscal year; and (B) expressing such amount as a percent age of tax receipts under this Code section during such fiscal year. A county or municipality contractually expending funds to meet the expenditure requirements of paragraph (2), (3), (4), (5), or (5.1) of this subsection shall require the contracting party to provide audit verifi cation that the contracting party makes use of such funds in conformity with the require ments of this subsection. (10) Nothing in this article shall be construed to limit the power of a county or munici pality to expend more than the required amounts, or all, of the total taxes collected under this Code section for the purposes described in paragraph (2), (3), (4), (5), or (5.1) of this subsection." 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 Thompson of the 33rd offered the following amendment: Amend the substitute to HB 420 offered by the Senate Committee on Finance and Public Utilities by striking line 18 of page 3 through line 30 of page 5 and inserting in its place the following: " '(5.1) Notwithstanding any other provision of this subsection, a county (within the the territorial limits of the special district located within the county) and the municipalities within a county in which a coliseum and exhibit hall authority has been created by local Act of the General Assembly for a county and one or more municipalities therein, and which local coliseum and exhibit hall authority is in existence on or before January 1, 1991, and which local coliseum and exhibit hall authority has not constructed or operated any facility before January 1, 1991, may levy a tax under this Code section at a rate of 8 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph (5.1)) an amount equal to at least 62 V-i percent of the total taxes collected at the rate of 8 percent for the purpose of: (A) 1558 JOURNAL OF THE SENATE promoting tourism, conventions, and trade shows; (B) funding, supporting, acquiring, con structing, renovating, improving, and equipping buildings, structures, and facilities, includ ing, but not limited to, a coliseum, exhibit hall, conference center, performing arts center, or any combination thereof, for convention, trade show, athletic, musical, theatrical, cultural, civic, and performing arts purposes and other events and activities for similar and related purposes, acquiring the necessary property therefor, both real and personal, and funding all expenses incident thereto, and supporting, maintaining, and promoting such facilities owned, operated, or leased by or to the local coliseum and exhibit hall authority; or (C) for some combination of such purposes; provided, however, that at least 50 percent of the total taxes collected at the rate of 8 percent shall be expended for the purposes specified in subparagraph (B) of this paragraph (5.1). Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, a convention and visitors bureau authority created by local Act of the General Assembly for a municipality, a local coliseum and exhibit hall authority, or a private sector nonprofit organ ization or through a contract or contracts with some combination of such entities. The ag gregate amount of all excise taxes imposed under this paragraph (5.1) and all sales and use taxes, and other taxes imposed by a county or municipality, or both, shall not exceed 13 percent. Any tax levied pursuant to this paragraph (5.1) shall terminate not later than De cember 31, 2028, provided that during any period during which there remains outstanding any obligation issued to fund a facility as contemplated by this paragraph (5.1), secured in whole or in part by a pledge of a tax authorized under this Code section, the powers of the counties and municipalities to impose and distribute the tax imposed by this paragraph (5.1) shall not be diminished or impaired by the state and no county or municipality levying the tax imposed by this paragraph (5.1) shall cease to levy the tax in any manner that will impair the interests and rights of the holder of any such obligation. This proviso shall be for the benefit of the holder of any such obligation and, upon the issuance of any such obliga tion by a local coliseum and exhibit hall authority, shall constitute a contract with the holder of such obligation. Notwithstanding any other provision of this Code section to the contrary, as used in this paragraph (5.1), the term: "fund" or "funding" shall include the cost and expense of all things deemed necessary by a local coliseum and exhibit hall author ity for the construction and operation of a facility or facilities including but not limited to the study, operation, marketing, acquisition, construction, financing, including the payment of principal and interest on any obligation of the local coliseum and exhibit hall authority and any obligation of the local coliseum and exhibit hall authority to refund any prior obli gation of the local coliseum and exhibit hall authority, development, extension, enlargement, or improvement of land, waters, property, streets, highways, buildings, structures, equip ment, or facilities and the repayment of any obligation incurred by an authority in connec tion therewith; "obligation" shall include bonds, notes, or any instrument creating an obliga tion to pay or reserve moneys and having an initial term of not more than 37 years; and "facility" or "facilities" shall mean any of the buildings, structures, and facilities described in subparagraph (B) of this paragraph (5.1) and any associated parking areas or improve ments originally owned or operated incident to the ownership or operation of such facility used for any purpose or purposes specified in subparagraph (B) of this paragraph (5.1) by a local coliseum and exhibit hall authority.' " On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted. On the adoption of the substitute, the yeas were 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: THURSDAY, MARCH 7, 1991 1559 Those voting in the affirmative were Senators: Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Dawkins Deal Dean Echols Edge Egan English Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Newbill Olmstead Perdue Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Taylor Thompson Turner Walker of 43rd Those voting in the negative were Senators: Albert Collins Foster Walker of 22nd White Those not voting were Senators: Moye Perry Phillips Tate Timmons Tysinger (excused) On the passage of the bill, the yeas were 45, nays 5. The bill, having received the requisite constitutional majority, was passed by substitute. HB 492. By Representative Lawson of the 9th: A bill to amend Article 2 of Chapter 5 of Title 24 of the Official Code of Georgia Annotated, relating to copies of writings as evidence, so as to provide for the admissibility into evidence of certain noneraseable optical image reproductions. Senate Sponsors: Senators Steinberg of the 42nd and Henson 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 Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott 1560 JOURNAL OF THE SENATE Shumake Starr Steinberg Thompson Turner Walker of 22nd Walker of 43rd White Those not voting were Senators: Dawkins Perry Tate Taylor Timmons Tysinger (excused) On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 569. By Representatives Walker of the 113th, Skipper of the 116th, Holland of the 136th and others: A bill to amend Code Section 44-7-51 of the Official Code of Georgia Annotated, relating to the issuance of summons, service, answers, defenses, and counter claims in dispossessory proceedings, so as to provide that a clerk or deputy clerk of the magistrate court may grant and issue such summons. 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 Alien Baldwin Bishop Bowen Broun BC,,.luaryton Coleman Collins Dawkins Dean Echols Edge Egan English Foster Gillis Hammill Harris Hasty Henson H-H. iolol k, s Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey p nRQ oVb,i.,nson * COU ^tarr Steinberg Taylor Thompson Turner Walker of 43rd White Those not voting were Senators: Deal Garner Perdue Perry Shumake Tate Timmons Tysinger (excused) Walker of 22nd On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed. THURSDAY, MARCH 7, 1991 1561 HB 578. By Representatives Coleman of the 118th, Poston of the 2nd and Colwell of the 4th: A bill to amend Code Section 50-9-5 of the Official Code of Georgia Annotated, relating to the general powers of the Georgia Building Authority, so as to provide that the Georgia Building Authority may acquire and dispose of real property for railroad operations. 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 Alien Baldwin Bishop Bowen Broun Burton Garner Gillis Harris Hasty Henson Hill Hooks Coleman Dawkins Deal D ean Echols Edge Egan English Foster H, u, gSBgins ^nson Kldd Langford Marable Mye Newbill Olmstead Perdue Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson S_ tar. r , Ste.nberg Taylor Thompson Timmons Turner Walker of 22nd Walker of 43rd White Voting in the negative was Senator Collins. Those not voting were Senators: Hammill Perry Scott Shumake Tate Tysinger (excused) On the passage of the bill, the yeas were 49, nays 1. 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 140. By Senator Echols of the 6th: A resolution authorizing the conveyance of certain state owned real property lo cated in Brantley County, Georgia, to the Brantley County Board of Education; to provide an effective date. The House substitute to SR 140 was as follows: A RESOLUTION Authorizing the conveyance of certain state owned real property located in Brantley 1562 JOURNAL OF THE SENATE County, Georgia, to the Brantley County Board of Education; authorizing the granting of a nonexclusive easement for operation and maintenance of an electric power distribution line and substation in, on, over, under, upon, across, or through property owned by the State of Georgia in Pulaski County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS: (1) The Brantley County Board of Education is the owner of approximately 36.74 acres of real property in Land Lots 369, 370, 374, and 375 of the 2nd and 9th Land Districts of Brantley County; and the State of Georgia is the owner of approximately 2 acres, more or less, of real property in Land Lot 374 of the 9th Land District of Brantley County, Georgia; (2) A title examination by the Brantley County Board of Education revealed that title to the above-mentioned two-acre parcel belongs to the State of Georgia; (3) The Brantley County Board of Education is desirous of obtaining the above-de scribed two-acre state owned property for the purpose of constructing a middle school on the 36.74 acres surrounding the state owned property; and (4) The conveyance of the above-described, approximately two acres of real property would be beneficial both to the State of Georgia and to the Brantley County Board of Edu cation; and WHEREAS: (1) The State of Georgia is the owner of certain real property located in Pulaski County, Georgia, which is in the custody of the Department of Corrections, utilized as the Pulaski Women's Prison; (2) Oglethorpe Power Corporation desires to construct, operate, and maintain an elec tric power distribution line and substation in, on, over, under, upon, across, or through a portion of said property; (3) The Department of Corrections agrees with the granting of this easement to Ogle thorpe Power Corporation for the above-described purposes; (4) This electric power distribution line and substation in, on, over, under, upon, across, or through the above-described state owned property would be beneficial to the State of Georgia; and (5) A three-year revocable license has been granted to Oglethorpe Power Corporation by the State Properties Commission for the purposes set forth in this resolution. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL AS SEMBLY OF GEORGIA: ARTICLE I Section 1. (a) That the State of Georgia is the owner of the herein described real prop erty in Brantley County, hereinafter referred to as the "conveyance area." (b) That, in all matters relating to the conveyance of the herein described state owned real property, the State of Georgia is acting by and through its State Properties Commission. (c) That the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered to convey by appropriate instrument to the Brantley County Board of Education approximately two acres, more or less, of real property in Land Lot 374 of the 9th Land District of Brantley County, Georgia, more particularly described by a plat of survey prepared by Harry A. Strickland, Georgia Registered Land Surveyor No. 2409, a copy of which is on file in the office of the State Properties Commission. (d) That the State Properties Commission is authorized to do all acts and things neces sary and proper to effect such conveyance. THURSDAY, MARCH 7, 1991 1563 (e) That the consideration for such conveyance shall be $650.00 and shall be upon such other terms and conditions as may be prescribed by the State Properties Commission. (f) That the conveyance herein considered shall contain such other reasonable terms and conditions as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the property, so long as the description utilized by the State Proper ties Commission describes the same conveyance area herein considered. (g) That the conveyance instrument authorized by this article shall be recorded by the Grantee in the Superior Court of Brantley County and a recorded copy shall be forwarded to the State Properties Commission. (h) That the authorization in this article to convey the above-described property to the Brantley County Board of Education shall expire three years after the date that this resolu tion becomes effective. ARTICLE II Section 2. (a) That the State of Georgia is the owner of the hereinafter described real property in Pulaski County, hereinafter referred to as the "easement area," and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. (b) That the State of Georgia, acting by and through its State Properties Commission, may grant to Oglethorpe Power Corporation or its successors and assigns a nonexclusive easement for the construction, operation, and maintenance of an electric power distribution line and substation in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing an elec tric power distribution line and substation, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Land Lot 369, District 21 of Pulaski County, Georgia, and is more particularly described as follows: That portion and that portion only as shown on a plat entitled "Pulaski 46/12 KV Substation" on property in the custody of the Department of Corrections, which plat was prepared by Ronald McCann, Georgia Registered Land Surveyor No. 1752. This plat indi cating the easement area is on file in the office of the State Properties Commission. (c) That the above-described premises shall be used solely for the purpose of installing, maintaining, repairing, replacing, inspecting, and operating said electric power distribution line and substation. (d) That, after Oglethorpe Power Corporation has put into use the electric power distri bution line and substation for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia or its successors and assigns of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Oglethorpe Power Corporation or its successors and assigns shall have the option of remov ing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns. (e) That no title shall be conveyed to Oglethorpe Power Corporation and, except as herein specifically granted to Oglethorpe Power Corporation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Oglethorpe Power Corporation. (f) That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated in order to avoid interference with the state's use or intended use of the ease ment area, Oglethorpe Power Corporation shall remove or relocate its facilities at its sole cost and expense. 1564 JOURNAL OF THE SENATE (g) That the easement granted to Oglethorpe Power Corporation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the descrip tion utilized by the State Properties Commission describes the same easement area herein granted. (h) That the consideration for such easement shall be $10.00 and upon such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. (i) That the grant of easement shall be recorded by the Grantee in the Superior Court of Pulaski County and a recorded copy shall be forwarded to the State Properties Commission. (j) That the authorization in this article to grant the above-described easement to Ogle thorpe Power Corporation shall expire three years after the date that this resolution be comes effective. (k) 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 III Section 3. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4. That all laws and parts of laws in conflict with this resolution are repealed. Senator Echols of the 6th moved that the Senate agree to the House substitute to SR 140. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin BishP Bowen roun 5CrOj-jooe,,,alllejimonnsan Dean Echols Edge Egan English Foster Hammill Harris Hasty Henson Hooks Huggins JIK,MTo.iha-dJrndJasbolne Move Newbill Olmstead Perdue Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott SSSohtteaumr.mrbaekreg Taylor Timmons Turner Walker of 22nd Walker of 43rd White Voting in the negative was Senator Dawkins. Those not voting were Senators: Clay Garner Gillis Hill Langford Perry Tate Thompson Tysinger (excused) THURSDAY, MARCH 7, 1991 1565 On the motion, the yeas were 46, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SR 140. The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage: HB 67. By Representatives Thomas of the 69th, Groover of the 99th and Pettit of the 19th: 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. 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 Alien Baldwin Bishop Bowen Broun Burton Coleman Dean Echols English Garner Hammill Harris Hasty Henson Hooks Huggins Johnson Kidd Langford Marable Moye Olmstead Perdue Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Scott Shumake Steinberg Timmons Turner Walker of 43rd White Those voting in the negative were Senators: Collins Dawkins Foster Robinson Taylor Those not voting were Senators: Clay De, al Edge Egan Gillis Hill Newbill Starr Tate Thompson Tysinger (excused) Walker of 22nd On the passage of the bill, the yeas were 38, nays 5. The bill, having received the requisite constitutional majority, was passed. HB 14. By Representative Lane of the 27th: A bill to amend Code Section 21-2-470 of the Official Code of Georgia Annotated, relating to procedures in precincts using vote recorders for obtaining ballot cards, 1566 JOURNAL OF THE SENATE recording votes thereon, and depositing ballot cards to conform to procedures prescribed for paper ballots with respect to elections and primaries generally, so as to provide that the superintendent shall modify a voting booth in each pre cinct or make paper ballots available for certain handicapped electors and shall provide sufficient accommodations to permit such handicapped electors to vote in private. 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 Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Phillips Pollard Ragan of 10th Ramsey Ray Robinson Scott Shumake Steinberg Taylor Thompson Timmons Turner White Those not voting were Senators: Perry Ragan of 32nd Starr Tate Tysinger (excused) Walker of 22nd Walker of 43rd On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 133. By Representatives Parham of the 105th, Barnett of the 10th and Harris of the 84th: A bill to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records of the Department of Public Safety, so as to change certain provisions regarding access to certain motor vehicle records. Senate Sponsors: Senators White of the 48th and Newbill of the 56th. Senator Newbill of the 56th offered the following amendment: Amend HB 133 by adding on page 1, line 17, after the word "accidents" the words "to be used". THURSDAY, MARCH 7, 1991 1567 On the adoption of the amendment, the yeas were 39, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Egan Foster Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Those not voting were Senators: Phillips Pollard Ragan of 10th Ramsey Ray Robinson Scott Shumake Starr Steinberg Taylor Thompson Timmons Turner Walker of 22nd White Edge English Garner Perry Ragan of 32nd Tate Tysinger (excused) Walker of 43rd On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. Senator Garner of the 30th moved that the Senate do now adjourn until 9:15 o'clock A.M. tomorrow, and the motion prevailed. At 2:48 o'clock P.M., the President announced the Senate adjourned until 9:15 o'clock A.M. tomorrow. 1568 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Friday, March 8, 1991 Thirty-sixth Legislative Day The Senate met pursuant to adjournment at 9:15 o'clock A.M. today and was called to order by the President. Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House and Senate: HB 967. By Representatives Barnett of the 59th, Breedlove of the 60th, Lawson of the 9th, Orr of the 9th and Jackson of the 9th: A bill to amend an Act creating the Recorder's Court of Gwinnett County, so as to provide for the appointment of the solicitor; to change the provisions relating to the compensation of the solicitor and assistant solicitors. HB 974. By Representative Barnett of the 10th: A bill to amend an Act providing for the compensation of the chairman and members of the board of education of Forsyth County, so as to raise the maxi mum number of days of per diem that the members may receive each month and for other purposes. HB 975. By Representative Mobley of the 64th: A bill to create the City of Grayson Water Authority. HB 977. By Representatives Vaughan of the 20th, Coker of the 21st, Aiken of the 21st, Clark of the 20th, Post 3, Wilder of the 21st and others: A bill to create the Cobb Year 2000 Commission. HB 978. By Representative Smith of the 78th: A bill to amend an Act providing a new charter for the City of Barnesville, so as to change the date of the municipal general election. HB 979. By Representative Carrell of the 65th: A bill to amend an Act providing that the judge of the Probate Court of Walton County shall serve as chief magistrate of the Magistrate Court of Walton County, so as to provide that as of a certain date the judge of the probate court shall no longer serve as the chief magistrate. FRIDAY, MARCH 8, 1991 1569 IB 980. By Representatives Alford of the 57th, Irwin of the 57th and Henson of the 57th: A bill to create the Conyers-Rockdale Amateur Athletics Authority. IB 987. By Representatives Jamieson of the llth and Dover of the llth: A bill to amend an Act incorporating the City of Toccoa, so as to change and extend the corporate limits of said city. iB 988. By Representative Perry of the 5th: A bill to create the Board of Commissioners of Chattooga County. HB 989. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th: A bill to amend the "Douglasville-Douglas County Water and Sewer Authority Act," so as to provide a definition; to authorize the authority to inspect certain on-site sewage disposal systems; to provide for the right of entry on land. HB 991. By Representative Breedlove of the 60th: A bill to amend an Act creating a new charter for the City of Duluth, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmembers. HB 995. By Representatives Williams of the 48th, Tolbert of the 58th, Sherrill of the 47th, Williams of the 54th, Alford of the 57th and others: A bill to amend an Act providing for the determination of millage rates by the governing authorities of DeKalb County and the DeKalb County School District, so as to change the date on which the tax commissioner is to certify certain prop erty tax information to the governing authorities. HB 996. By Representatives Alford of the 57th, Irwin of the 57th, Henson of the 57th, Tolbert of the 58th, Redding of the 50th and others: A bill to amend an Act to impose certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance the provision of certain gov ernmental services, known as the "DeKalb County Special Services Tax Districts Act,", so as to authorize the governing authority of any municipality lying wholly or partially in DeKalb County to provide by resolution that such municipality shall not constitute a special services tax district and shall not be subject to cer tain provisions of law. HB 997. By Representatives Valenti of the 52nd, Oliver of the 53rd, Henson of the 57th, Redding of the 50th, Alford of the 57th and others: A bill to amend an Act creating the State Court of DeKalb County, so as to change certain fees. HB 998. By Representatives Redding of the 50th, Henson of the 57th, Oliver of the 53rd, Valenti of the 52nd, Baker of the 51st and others: A bill to amend an Act to authorize and direct the chairman and board of com missioners of DeKalb County to create the DeKalb County Community Relations Commission, so as to provide that members may serve no more than three con secutive terms. 1570 JOURNAL OF THE SENATE SB 257. By Senators Starr of the 44th and Collins of the 17th: A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, as amended, so as to change the compensa tion of the deputy clerk of the superior court; to provide for the application of civil service benefits; to provide an effective date. SB 258. By Senators Starr of the 44th and Collins of the 17th: A bill to amend an Act creating the State Court of Clayton County, as amended, so as to change the compensation of the deputy clerk of said court; to provide for the application of civil service benefits; to provide an effective date. SB 361. 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; to provide the amounts of and qualifications for said exemptions. SB 401. By Senator Starr of the 44th: A bill to amend an Act creating the State Court of Clayton County, as amended, so as to change the compensation of the judges of said court; to provide an effec tive date. SB 402. By Senator Starr of the 44th: A bill to amend an Act incorporating the City of Riverdale, as amended, so as to remove certain property from the corporate limits of the city. SB 403. By Senator Starr of the 44th: A bill to amend an Act creating the board of commissioners of Clayton County, as amended, so as to change the provisions relating to the compensation of the chairman; to provide an effective date. SB 404. By Senator Starr of the 44th: A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, as amended, so as to change the provisions relating to the salary of the sheriff and clerk of the superior court; to provide an effective date. SB 405. By Senator Starr of the 44th: A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, as amended, so as to change the provisions relating to the salary of the tax commissioner; to provide an effective date. SB 406. By Senator Starr of the 44th: A bill to amend an Act creating the State Court of Clayton County, as amended, so as to change the compensation of the solicitor of said court; to provide an effective date. FRIDAY, MARCH 8, 1991 1571 SB 419. By Senator Kidd of the 25th: A bill to amend an Act making provisions for the Magistrate Court of Putnam County, as amended, so as to change the number of magistrates for said court; to provide for the appointment of the additional magistrate and his term of office; to change the provisions relating to compensation of the magistrates other than the chief magistrate. SB 428. By Senators Hasty of the 51st and Clay of the 37th: A bill to amend an Act known as the "Cherokee County Water and Sewerage Authority Act," as amended, so as to change the membership of the authority; to provide for appointment of members; to provide for a quorum; to provide for qualifications; to provide for additional powers, duties, and responsibilities; to provide for applicability. SB 207. By Senator Edge of the 28th: A bill to amend an Act which provides a homestead exemption for each resident of Spalding County who is totally disabled or 62 years of age or older and who has less than $12,500.00 per year of specified income so as to provide that such disabled persons will have to substantiate their eligibility for the exemption on a yearly basis. HB 983. By Representatives Buck of the 95th, Smyre of the 92nd, Culbreth of the 97th, Harris of the 96th, Moultrie of the 93rd and others: A bill to provide a homestead exemption from Muscogee County ad valorem taxes for county purposes and from Muscogee County School District taxes for educational purposes in the amount of $67,200.00 on the homestead of certain disabled veterans. HB 986. By Representatives Buck of the 95th, Smyre of the 92nd, Culbreth of the 97th, Harris of the 96th, Moultrie of the 93rd and others: A bill to provide for homestead exemptions from Muscogee County ad valorem taxes for county purposes and from Muscogee County School District ad valorem taxes for educational purposes for certain residents of that county and school district. The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate: SB 110. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to provide that the offense of insurance fraud shall be a felony offense; to provide for the notification of law enforcement agen cies by insurers when such insurer has knowledge of a fraudulent insurance act which has not been reported to a law enforcement agency. The following resolutions of the Senate were introduced, read the first time and re ferred to committees: SR 285. By Senators Garner of the 30th and Edge of the 28th: A resolution creating the Senate Study Committee on Growth and Economic De velopment in the Southeast. Referred to Committee on Rules. 1572 JOURNAL OF THE SENATE SR 286. By Senator Steinberg of the 42nd: A resolution creating the Senate Commission on Domestic Violence. Referred to Committee on Rules. SR 289. By Senators Dean of the 31st, Deal of the 49th and Garner of the 30th: A resolution to amend the Rules of the Senate. Referred to Committee on Rules. The following bills of the House were read the first time and referred to committees: HB 967. By Representatives Barnett of the 59th, Breedlove of the 60th, Lawson of the 9th and others: A bill to amend an Act creating the Recorder's Court of Gwinnett County, so as to provide for the appointment of the solicitor; to change the provisions relating to the compensation of the solicitor and assistant solicitors. Referred to Committee on Urban and County Affairs. HB 974. By Representative Barnett of the 10th: A bill to amend an Act providing for the compensation of the chairman and members of the board of education of Forsyth County, so as to raise the maxi mum number of days of per diem that the members may receive each month. Referred to Committee on Urban and County Affairs. HB 975. By Representative Mobley of the 64th: A bill to create the City of Grayson Water Authority. Referred to Committee on Urban and County Affairs. HB 977. By Representatives Vaughan of the 20th, Coker of the 21st, Aiken of the 21st and others: A bill to create the Cobb Year 2000 Commission. Referred to Committee on Urban and County Affairs. HB 978. By Representative Smith of the 78th: A bill to amend an Act providing a new charter for the City of Barnesville, so as to change the date of the municipal general election. Referred to Committee on Urban and County Affairs. HB 979. By Representative Carrell of the 65th: A bill to amend an Act providing that the judge of the Probate Court of Walton County shall serve as chief magistrate of the Magistrate Court of Walton County, so as to provide that as of a certain date the judge of the probate court shall no longer serve as the chief magistrate. Referred to Committee on Urban and County Affairs. HB 980. By Representatives Alford of the 57th, Irwin of the 57th and Henson of the 57th: A bill to create the Conyers-Rockdale Amateur Athletics Authority. Referred to Committee on Urban and County Affairs. FRIDAY, MARCH 8, 1991 1573 HB 983. By Representatives Buck of the 95th, Smyre of the 92nd, Culbreth of the 97th and others: A bill to provide a homestead exemption from Muscogee County ad valorem taxes for county purposes and from Muscogee County School District taxes for educational purposes in the amount of $67,200.00 on the homestead of certain disabled veterans. Referred to Committee on Urban and County Affairs. HB 986. By Representatives Buck of the 95th, Smyre of the 92nd, Culbreth of the 97th and others: A bill to provide for homestead exemptions from Muscogee County ad valorem taxes for county purposes and from Muscogee County School District ad valorem taxes for educational purposes for certain residents of that county and school district. Referred to Committee on Urban and County Affairs. HB 987. By Representatives Jamieson of the llth and Dover of the llth: A bill to amend an Act incorporating the City of Toccoa, so as to change and extend the corporate limits of said city. Referred to Committee on Urban and County Affairs. HB 988. By Representative Perry of the 5th: A bill to create the Board of Commissioners of Chattooga County. Referred to Committee on Urban and County Affairs. HB 989. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th: A bill to amend the "Douglasville-Douglas County Water and Sewer Authority Act," so as to provide a definition; to authorize the authority to inspect certain on-site sewage disposal systems; to provide for the right of entry on land. Referred to Committee on Urban and County Affairs. HB 991. By Representative Breedlove of the 60th: A bill to amend an Act creating a new charter for the City of Duluth, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmembers. Referred to Committee on Urban and County Affairs. HB 995. By Representatives Williams of the 48th, Tolbert of the 58th, Sherrill of the 47th and others: A bill to amend an Act providing for the determination of millage rates by the governing authorities of DeKalb County and the DeKalb County School District, so as to change the date on which the tax commissioner is to certify certain prop erty tax information to the governing authorities. Referred to Committee on Urban and County Affairs. HB 996. By Representatives Alford of the 57th, Irwin of the 57th, Henson 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 authorize the governing authority of any municipality lying wholly 1574 JOURNAL OF THE SENATE or partially in DeKalb County to provide by resolution that such municipality shall not constitute a special services tax district and shall not be subject to cer tain provisions of law. Referred to Committee on Urban and County Affairs. HB 997. By Representatives Valenti of the 52nd, Oliver of the 53rd, Henson of the 57th and others: A bill to amend an Act creating the State Court of DeKalb County, so as to change certain fees. Referred to Committee on Urban and County Affairs. HB 998. By Representatives Redding of the 50th, Henson of the 57th, Oliver of the 53rd and others: A bill to amend an Act to authorize and direct the chairman and board of com missioners of DeKalb County to create the DeKalb County Community Relations Commission, so as to provide that members may serve no more than three con secutive terms. Referred to Committee on Urban and County Affairs. The following reports of standing committees were read by the Secretary: Mr. President: The Committee on Economic Development and Tourism has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 140. Do pass. HB 928. Do pass. Respectfully submitted, Senator Broun of the 46th District, Chairman Mr. President: The Committee on Finance and Public Utilities has had under consideration the follow ing resolution of the House and has instructed me to report the same back to the Senate with the following recommendation: HR 185. Do pass. Respectfully submitted, Senator Starr of the 44th 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 36. Do pass. HB 207. Do pass. HB 434. Do pass. FRIDAY, MARCH 8, 1991 1575 HB 561. Do pass. Respectfully submitted, Senator Kidd of the 25th District, Chairman Mr. President: The Committee on Higher Education has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation: HB 319. Do pass. Respectfully submitted, Senator Hammill of the 3rd District, Chairman Mr. President: The Committee on Insurance 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 406. Do pass as amended. HB 776. Do pass by substitute. HB 845. Do pass as amended. Respectfully submitted, Senator Pollard of the 24th 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 360. Do pass. HB 398. Do pass. HB 516. Do pass. HB 534. Do pass. HR 151. Do pass. Respectfully submitted, Senator Baldwin of the 29th 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 366. Do pass by substitute. HB 416. Do pass by substitute. Respectfully submitted, Senator Baldwin of the 29th District, Chairman 1576 JOURNAL OF THE SENATE Mr. President: The Committee on Natural 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 648. Do pass as amended. HB 814. Do pass as amended. HB 746. Do pass as amended. Respectfully submitted, Senator Gillis of the 20th District, Chairman Mr. President: The Committee on Public Safety has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 396. Do pass. HB 731. Do pass. HB 574. Do pass. HB 78g Do pasg HB 613. Do pass. HvrBa C6C5Q3. rD>o pass. HB 791. Do pass. HB 707. Do pass by substitute. HB 824. Do pass. Respectfully submitted, Senator Bowen of the 13th 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 203. Do pass by substitute. Respectfully submitted, Senator Dean of the 31st District, Chairman Mr. President: The Committee on Special Judiciary has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 123. Do pass. HB 720. Do pass by substitute. HB 188. Do pass. HB 758. Do pass. HB 290. Do pass by substitute. HB m Do pas& HB 436. Do pass. uHrB> 4A3^7. TMDo pass uby suubs*ti*tutie. HB 822. Do pass as amended. HB 540. Do pass by substitute. HB 823- Do Pass- HB 694. Do pass. HB 889. Do pass as amended. Respectfully submitted, Senator Edge of the 28th District, Chairman FRIDAY, MARCH 8, 1991 1577 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 257. Do pass by substitute. HB 488. 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 446. Do pass. HB 879. Do pass. SB 450. Do pass. SB 451. Do pass. SB 452. Do pass. oSrB, 4.5,,3. Dr,o pass. SB 454. Do pass. HB 880. HB 909. HB 9n HB 92- Do pass. D,, o pass. Do PassDo Pass- HB 800. Do pass. HB 923. 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: HB 1. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st: A bill to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxation, so as to repeal and delete the exemption from taxation of certain food for off-premises human consumption. HB 175. By Representative Reaves of the 147th: 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 29 to be entitled the "Farm Equipment Warranty Act". HB 235. By Representatives Snow of the 1st, Lane of the lllth, Mobley of the 64th and others: A bill to amend Chapter 5 of Title 45 of the Official Code of Georgia Annotated, relating to vacation of office, so as to provide for appointments to fill vacancies in the governing bodies of political subdivisions of this state notwithstanding that the remaining members of such bodies do not constitute a quorum. HB 280. By Representatives Pettit of the 19th and Watson of the 114th: A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities, so as to add a new Chapter 3A requiring integrated resource planning by electric utilities. 1578 JOURNAL OF THE SENATE HB 295. By Representatives Byrd of the 153rd, Lee of the 72nd, Dobbs of the 74th and others: A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of electrical contractors, plumbers, conditioned air con tractors, low-voltage contractors, and utility contractors, so as to provide that with respect to Conditioned Air Contractor Class I and Class II licenses, the Di vision of Conditioned Air Contractors may require applicants for renewal of li censes to have completed subsequent to the date the last licenses were issued a certain number of hours of continuing professional education relating to condi tioned air contracting. HB 402. By Representative Aiken of the 21st: A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for the protection and preservation of certain cemeteries and burial grounds; to repeal Code Section 36-60-6, relating to the disturbing of a burial place in land development. HB 427. By Representatives Murphy of the 18th, Walker of the 115th, Lee of the 72nd and others: A bill to amend Code Section 28-1-4 of the Official Code of Georgia Annotated, relating to the oath of office for members of the General Assembly, so as to au thorize judges of the state courts to administer the oath of office to members of the General Assembly. HB 446. By Representative Barnett of the 59th: A bill to amend Code Section 43-50-3 of the Official Code of Georgia Annotated, relating to definitions regarding veterinarians, so as to include certain dental pro cedures in the practice of veterinary medicine. HB 475. By Representative Reaves of the 147th: A bill to amend Article 5 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Boll Weevil Eradication Act of 1985," so as to provide for an exemption in cases of financial hardship; to provide that the Com missioner shall be authorized to levy and collect his own executions. HB 557. By Representatives Oliver of the 121st, Bargeron of the 108th, Godbee of the 110th and others: A bill to amend Code Section 20-2-188 of the Official Code of Georgia Annotated, relating to student transportation costs under the "Quality Basic Education Act," so as to change the provisions relating to minimum salaries for school bus drivers. HB 602. By Representatives Skipper of the 116th, Walker of the 113th, Titus of the 143rd and others: A bill to amend Code Section 36-80-3 of the Official Code of Georgia Annotated, relating to authorized investments of funds by the governing body of a munici pality, county, school district, or other local government unit or political subdivi sion, so as to authorize the investment of municipal risk management and selfinsurance funds in investments which are legal for domestic insurers. HB 605. By Representative Heard of the 43rd: A bill to amend Code Section 8-2-3 of the Official Code of Georgia Annotated, relating to requirements for toilets, shower heads, and faucets in buildings, so as to change effective dates; to prohibit the sale of certain toilets. FRIDAY, MARCH 8, 1991 1579 HB 643. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st: A bill to amend Article 1 of Chapter 2 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions concerning the Department of Natural Resources, so as to provide for the promulgation of minimum standards and pro cedures relative to the protection of mountains and river corridors. HB 652. By Representatives Carter of the 146th and Patten of the 149th: A bill to amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Hazardous Waste Management Act," so as to change certain definitions. HB 670. By Representatives Klein of the 21st, Holmes of the 28th, Heard of the 43rd and Goodwin of the 63rd: A bill to amend Code Section 21-2-267 of the Official Code of Georgia Annotated, relating to equipment at polling places, so as to require that certain summaries of proposals to amend the Constitution or provide for a new Constitution be pro vided in polling places. HB 708. By Representatives Balkcom of the 140th, McKelvey of the 15th, Moultrie of the 93rd and Meadows of the 91st: A bill to amend Code Section 27-2-2 of the Official Code of Georgia Annotated, relating to the issuance and sale of hunting, fishing, and trapping licenses, so as to permit the establishment of a self-insurance fund as to the defalcation of bonded license agents. HB 727. By Representatives Cheeks of the 89th, Murphy of the 18th, Watson of the 114th and others: A bill to amend Article 19 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to textbooks, so as to provide that all textbooks purchased with state funds shall remain the property of each local unit of administration to establish policies for the proper care and protection of its textbooks and provide sanctions against a pupil who fails or refuses to pay for a lost or damaged text book as a condition to receiving all or part of the state contributed Quality Basic Education Program funds allotted to the local unit. HB 769. By Representatives Dunn of the 73rd and Ware of the 77th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to establish standards and requirements for the operation of multiple employer self-insured health plans. HB 772. By Representative Herbert of the 76th: A bill to amend Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating to operators of private detective and private security businesses, so as to revise provisions for the issuance of licenses generally; to revise qualifications for a license. HB 773. By Representative Bostick of the 138th: A bill to amend Code Section 34-9-1 of the Official Code of Georgia Annotated, relating to definitions applicable to workers' compensation, so as to provide that certain owner-operators of equipment shall be deemed to be independent contractors. 1580 JOURNAL OF THE SENATE HB 782. By Representatives Fennel of the 155th, Smith of the 156th and Coleman of the 118th: A bill to amend Code Section 32-10-71 of the Official Code of Georgia Annotated, relating to acquisition, maintenance, and operation of tollway projects, so as to authorize certain local governments to establish a parking fee for persons using certain tollway facilities; to authorize the local government to contract with the State Tollway Authority for assistance in collection of the fee. HB 792. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st: 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 authorize the State Board of Education, if requested by a local school district or system, to withhold state moneys to pay bonded indebtedness of such local school district or system. HB 793. By Representatives Kilgore of the 42nd, Hamilton of the 124th, Thurmond of the 67th and Simpson of the 70th: A bill to amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick leave for teachers and other personnel, so as to revise the provi sions relating to sick leave banks or pools of voluntarily contributed employee sick leave days. HB 811. By Representatives Poston of the 2nd, Holland of the 136th, Perry of the 5th and others: A bill to amend Code Section 27-3-48 of the Official Code of Georgia Annotated, relating to unlawful killing of wildlife at night and condemnation of property, so as to provide that the superior court where a condemnation is filed may retain the property for official use by any agency or political subdivision of the state. HB 820. By Representative Pettit of the 19th: A bill to amend Code Section 36-62-6 of the Official Code of Georgia Annotated, relating to general powers of authorities under the "Development Authorities Law," so as to provide that authorities shall have the power to expend surplus funds for the purpose of promoting industry, agriculture, and trade. HB 829. By Representatives Murphy of the 18th and Porter of the 119th: A bill to amend Code Section 46-2-5 of the Official Code of Georgia Annotated, relating to the chairmanship of the Public Service Commission, so as to change the provisions relating to the chairman. HB 844. By Representatives Reaves of the 147th, Oliver of the 121st, Purcell of the 129th and others: A bill to amend Article 1 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to dealers in agricultural products, so as to change the defini tion of agricultural products. HB 902. By Representatives Ware of the 77th, Dunn of the 73rd, Ricketson of the 82nd and Jones of the 71st: A bill to amend Chapter 5 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of unauthorized insurers, so as to provide that, with respect to an action filed against an unauthorized insurer, service of process upon the Commissioner of Insurance shall only be used when an alternative method of service cannot be effectuated. FRIDAY, MARCH 8, 1991 1581 HB 905. By Representatives Ware of the 77th, Dunn of the 73rd, Ricketson of the 82nd and Jones of the 71st: A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to delete provisions requiring notice of can cellation or nonrenewal of an individual accident and sickness insurance policy; to require a notice of nonrenewal or termination of a group accident and sickness insurance policy. HB 906. By Representatives Ware of the 77th, Dunn of the 73rd, Ricketson of the 82nd and Jones of the 71st: A bill to amend Chapter 31 of Title 33 of the Official Code of Georgia Annotated, relating to credit life insurance and credit accident and sickness insurance, so as to provide for the applicability of said Chapter 31 to life and accident and sick ness insurance sold on and after July 1, 1991. HR 105. By Representatives Lord of the 107th, Breedlove of the 60th, Wall of the 61st and others: A resolution applying to the Congress of the United States to call a convention for the purpose of proposing an amendment to the Constitution of the United States with respect to certain disrespectful acts involving the flag of the United States or the flags of the several states. HR 288. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and others: A resolution proposing an amendment to the Constitution so as to provide for the election of local boards of education; to provide for the appointment of local school superintendents by elected local boards of education. HR 348. By Representatives Patten of the 149th, Breedlove of the 60th and Barfoot of the 120th: A resolution creating the Water Resource Conservation Management Study Committee. HR 352. By Representative Meadows of the 91st: A resolution authorizing the State Properties Commission to negotiate and exe cute a long-term lease of a certain tract of state owned real property located in the Warm Springs area and containing the historic hydrotherapy pool complex. HB 36. By Representatives Simpson of the 70th and Thomas of the 69th: A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing in general, so as to provide that paper products purchased and contracted for by the Department of Administra tive Services shall be paper products manufactured from recycled paper or fiber if the price offered is within 10 percent of the price paid for paper products cur rently being used by the state. HB 207. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd and others: 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 revise authorization procedures regarding the availability of certain crimi nal history records to county boards of registrars or county boards of registration and election. 1582 JOURNAL OF THE SENATE HB 257. By Representatives Carrell of the 65th, Harris of the 84th, Godbee of the 110th and others: 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 specify additional duties of the county board of tax assessors in the event certain valuations are changed on ap peals to the county board of equalization. HB 319. By Representatives Herbert of the 76th, Poston of the 2nd, Kilgore of the 42nd and Adams of the 79th: A bill to amend Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, known as the "Nonpublic Postsecondary Educational In stitutions Act of 1990," so as to provide for a tuition guaranty trust fund to be established from fees paid by nonpublic postsecondary educational institutions. HB 360. By Representatives Barnett of the 10th, Stancil of the 8th and Pinholster of the 8th: A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, so as to create a new third judgeship for the Blue Ridge Judicial Circuit. HB 396. By Representatives Harris of the 84th, Barnett of the 10th and Parham of the 105th: A bill to amend Code Section 35-1-4 of the Official Code of Georgia Annotated, relating to requirements for reporting stolen vehicles and license plates, so as to change certain reporting requirements. HB 398. By Representatives Irwin of the 57th, Alford of the 57th and Henson of the 57th: A bill to provide for an additional judge of the superior court of Rockdale Judi cial Circuit. HB 406. By Representatives Orrock of the 30th, Martin of the 26th, Brown of the 88th and others: A bill to amend Code Section 34-9-281 of the Official Code of Georgia Annotated, relating to prerequisites to compensation for occupational disease, so as to extend the time period for filing of claims resulting from occupational disease. HB 434. By Representatives Aiken of the 21st, Langford of the 7th, Moody of the 153rd and others: A bill to amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to regulate the installation of certain fire sup pression systems; to regulate the inspection, recharging, repairing, servicing, or testing of portable fire extinguishers or fire suppression systems. HB 488. By Representatives Holland of the 136th, Royal of the 144th and Lane of the 27th: A bill to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to provide for develop ment of facilities to encourage economic and civic development in less developed counties. HB 516. By Representative Holmes of the 28th: A bill to provide for an additional judge of the superior court of the Atlanta Judicial Circuit. FRIDAY, MARCH 8, 1991 1583 HB 534. By Representatives Wall of the 61st, Orr of the 9th, Lawson of the 9th and others: A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, so as to create a new sixth judgeship for the Gwinnett Judicial Circuit. HB 561. By Representatives Smith of the 156th, Green of the 106th and Langford of the 7th: A bill to amend Code Section 12-5-127 of the Official Code of Georgia Annotated, relating to licensing of water well contractors and applications therefor, so as to change the provisions relating to proof of experience in the water well construc tion business. HB 574. By Representatives Ricketson of the 82nd, Griffin of the 6th and Barnett of the 10th: A bill to amend Article 5 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to offenses regarding motor vehicle certificates of title, secur ity interests, and liens, so as to provide that the false reporting of the theft or conversion of a vehicle shall be a felony offense. HB 613. By Representatives Harris of the 84th, Parham of the 105th and Barnett of the 10th: A bill to amend Code Section 40-2-78 of the Official Code of Georgia Annotated, relating to special license plates for firefighters, so as to change the authority for issuance of such license plates. HB 648. By Representatives Carter of the 146th and Patten of the 149th: A bill to amend Code Section 12-5-42 of the Official Code of Georgia Annotated, relating to cooperative efforts for the abatement of pollution, orders of abate ment, and hearings, so as to provide for cooperative efforts for the abatement of violations related to the withdrawal, diversion, or impoundment of surface water. HB 653. By Representatives Harris of the 84th, Parham of the 105th and Barnett of the 10th: A bill to amend Code Section 48-10-2 of the Official Code of Georgia Annotated, relating to annual license fees for the operation of vehicles, so as to change the annual license fees applicable to certain house trailers, auto trailers, and boat trailers. HB 707. By Representatives Balkcom of the 140th, McKelvey of the 15th, Moultrie of the 93rd and Meadows of the 91st: A bill to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions applicable to the "Georgia Boat Safety Act," so as to define a certain term; to repeal certain provisions relating to a penalty for late renewal of boat registrations. HB 731. By Representatives Royal of the 144th, Greene of the 130th, Skipper of the 116th and Harris of the 84th: A bill to amend Code Section 42-4-31 of the Official Code of Georgia Annotated, relating to safety measures required of persons in charge of certain detention facilities, so as to provide that certain municipal detention facilities shall be au thorized to utilize a full-time dispatcher as a full-time jailer under certain conditions. 1584 JOURNAL OF THE SENATE HB 746. By Representative Floyd of the 154th: A bill to amend Part 1 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions applicable to seafood, so as to change the penalty for violation of certain provisions. HB 776. By Representative Dunn of the 73rd: A bill to amend Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to the licensing of insurance agents, solicitors, brokers, counselors, and adjusters, so as to provide for the licensing of administrators of certain life or accident and sickness insurance plans. HB 788. By Representatives Milam of the 81st, Long of the 142nd, Twiggs of the 4th and others: A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special motor vehicle license plates for certain persons and vehicles, so as to provide for special license plates for veterans of the armed forces of the United States. HB 791. By Representatives Poston of the 2nd, Walker of the 115th, Coleman of the 118th and others: A bill to amend Code Section 40-6-142 of the Official Code of Georgia Annotated, relating to certain vehicles to stop at all railroad crossings, so as to add any vehi cle carrying hazardous or constituents or acidic liquids as cargo to the list of those vehicles required to stop at all railroad crossings before proceeding. HB 814. By Representatives Alford of the 57th, Dobbs of the 74th, Milam of the 81st and Ware of the 77th: A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Water Quality Control Act," so as to establish limits on the amount of phosphorus which may be contained in waste water dis charged by certain water pollution control plants into the Chattahoochee River between Buford Dam and West Point Reservoir on or after January 1, 1992. HB 824. By Representative Twiggs of the 4th: A bill to amend Chapter 13 of Title 43 of the Official Code of Georgia Annotated, "The Driver Training School License Act," so as to change provisions relating to the minimum required surety bond; to change provisions establishing fees for applications and examinations. HB 845. By Representatives Randall of the 101st and Lord of the 107th: A bill to amend Code Section 33-25-10 of the Official Code of Georgia Annotated, relating to payment of interest on proceeds or payments under certain insurance policies, so as to change a rate of interest. HB 928. By Representative Selman of the 32nd: A bill to amend Chapter 9 of Title 10 of the Official Code of Georgia Annotated, the "Geo. L. Smith II Georgia World Congress Center Act," so as to authorize the Geo. L. Smith II Georgia World Congress Center Authority to obtain and use conviction data, under certain conditions, concerning its officers and employees and prospective officers and employees. FRIDAY, MARCH 8, 1991 1585 HB 140. By Representative Watson of the 114th: A bill to amend Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to halls of fame, so as to create the Georgia Aviation Hall of Fame Overview Committee as a joint committee of the General Assembly. HR 151. By Representatives Wilder of the 21st, Clark of the 20/4, Pinholster of the 8th and others: A resolution urging and encouraging the United States Congress to override through legislation the decision of the Supreme Court of the United States in Pennsylvania v. Davenport. SR 203. By Senators Henson of the 55th, Moye of the 34th, Walker of the 43rd and Steinberg of the 42nd: A resolution creating the Senate Study Committee on Teenage Pregnancy Rate Reduction. HB 123. By Representatives Parham of the 105th, Barnett of the 10th and Harris of the 84th: 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 suspension or revocation of the drivers' licenses of persons convicted of misdemeanor possession of marijuana. HB 188. By Representative Thomas of the 69th: 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. HB 290. By Representatives Lawson of the 9th and Bostick of the 138th: 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 change the provi sions relating to the fees of the clerks of the superior courts, the amount thereof, and the collection thereof. HB 366. By Representatives Mills of the 20th, Murphy of the 18th, Childers of the 15th and others: A bill to amend Article 1 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to homicides, so as to change certain requirements regarding the time within which death must occur with respect to homicides. HB 416. By Representative Pettit of the 19th: A bill to amend Code Section 15-18-14 of the Official Code of Georgia Annotated, relating to appointment and qualifications of assistant district attorneys, so as to change a definition; to provide for the appointment by district attorneys of attor neys to perform certain duties regarding recovery of child support. HB 436. By Representatives Alford of the 57th, Irwin of the 57th, Teper of the 46th and others: A bill to amend Code Section 17-6-4 of the Official Code of Georgia Annotated, relating to authorization of posting of cash bonds generally, so as to allow coun ties to dispose of unclaimed bonds posted for certain cases. 1586 JOURNAL OF THE SENATE HB 437. By Representatives Stephens of the 68th and Thurmond of the 67th: A bill to amend Chapter 5 of Title 43 of the Official Code of Georgia Annotated, relating to athletic trainers, so as to provide a definition of athlete; to revise the definition of athletic trainer; to revise the residency requirement applicable to members of the Georgia Board of Athletic Trainers. HB 540. By Representatives Martin of the 26th and Randall of the 101st: A bill to amend Chapter 5 of Title 53 of the Official Code of Georgia Annotated, relating to year's support, so as to change the provisions relating to what may be considered in determining the amount to be set apart as year's support. HB 694. By Representatives Hightower of the 36th, McKinney of the 35th, Davis of the 29th and others: A bill to amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, so as to provide for punishment as for a high and aggravated misdemeanor of any person convicted of simple assault, sim ple battery, or battery in a public transit vehicle or station. HB 720. By Representatives Lawson of the 9th and Lord of the 107th: A bill to amend Code Section 9-11-12 of the Official Code of Georgia Annotated, relating to answer, defenses, and objections in civil proceedings, so as to provide that an application for a stay of proceedings pursuant to the federal Soldiers' and Sailors' Civil Relief Act of 1940 shall not constitute an appearance for any pur pose of a civil proceeding. HB 760. By Representatives Chambless of the 133rd and Cheeks of the 89th: A bill to amend Chapter 6 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of beneficiaries of the United States Department of Veter ans Affairs, so as to change the provisions on compensation of guardians. HB 822. By Representatives Walker of the 115th, Coleman of the 118th, Murphy of the 18th and Buck of the 95th: A bill to amend Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving forgery and fraudulent practices, so as to repeal the existing "Georgia Computer Systems Protection Act" and enact a new "Georgia Computer Systems Protection Act". HB 823. By Representatives Walker of the 115th, Groover of the 99th, Murphy of the 18th and Buck of the 95th: A bill to amend Code Section 42-8-34.2 of the Official Code of Georgia Anno tated, relating to civil actions and remedies for the collection of fines, costs, resti tution, and reparation ordered as a condition of probation, so as to provide that no deposit of court costs shall be required for such civil actions and remedies. HB 889. By Representatives Thomas of the 69th and Martin of the 26th: A bill to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to change the provisions relating to administration of the laws relating to mental health; to provide for access by the Department of Human Resources and county boards of health to certain records. HB 758. By Representatives Thomas of the 69th and Chambless of the 133rd: A bill to amend Article 6 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to peer review groups, so as to redefine the term "review FRIDAY, MARCH 8, 1991 1587 organization" as used in such article; to change the provisions relating to confi dentiality of a review organization's records. HR 185. By Representatives Ray of the 98th, Walker of the 115th, Watson of the 114th and others: A resolution urging the Public Service Commission to adopt a telephone service county-wide calling plan which recognizes community of interest areas having a minimum radius of at least 16 miles and to consider expanding the toll-free band to a 22 mile radius. The President called for the morning roll call, and the following Senators answered to their names: Albert Bishop Bowen Burton Coleman S0"TM DDaewankms Echols Edge English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hoks HJouhgngsionns Kidd Marable Moye Newbill Olmstead Perdue Those not answering were Senators: Perry Phillips Pollard Ragan of 32nd Ramsey Robinson S,,,humak, e f,tarr Tate Taylor Timmons Walker of 22nd White Alien Baldwin Broun Clay Deal Egan Langford Ragan of 10th Ray Scott Steinberg Thompson Turner Tysinger Walker of 43rd Senator Kidd of the 25th introduced Ken Franks from Eatonton, Georgia, who presented a rendition of an original song he wrote entitled "We'll All Pull Together". Senator Bishop of the 15th introduced the chaplain of the day, Dr. J. H. Flakes, pastor of the Fourth Street Baptist Church, Columbus, Georgia, who offered scripture reading and prayer. Senator Burton of the 5th moved that Senator Tysinger of the 41st be excused from the Senate today due to illness. On the motion, the yeas were 34, nays 0; the motion prevailed, and Senator Tysinger of the 41st was excused from the Senate today. 1588 JOURNAL OF THE SENATE The following resolutions of the Senate were read and adopted: SR 287. By Senators Shumake of the 39th, Bishop of the 15th and Tate of the 38th: A resolution honoring Dr. Edward B. Williams. SR 288. By Senators Garner of the 30th, Johnson of the 47th and Deal of the 49th: A resolution commending and recognizing Mr. Charles T. Dennard, President of the Southeast Division of Vulcan Materials Company. SR 290. By Senators Tate of the 38th, Langford of the 35th and Scott of the 36th: A resolution recognizing the plight of the poor in Georgia. The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage: SENATE LOCAL CONSENT CALENDAR March 8, 1991 THIRTY-SIXTH LEGISLATIVE DAY (The names listed with each bill are the Senators who districts are affected by the legislation.) SB 446 Ragan, 32nd Thompson, 33rd Clay, 37th Newbill, 56th A bill to provide for a $10,000.00 homestead exemption from certain City of Smyrna ad valorem taxes for certain residents 62 years of age or older. SB 450 Starr, 44th Collins, 17th A bill to provide for the creation of one or more community improvement districts in Clayton County and in each municipality therein. SB 451 Shumake, 39th Moye, 34th Langford, 35th Scott, 36th Tate, 38th Egan, 40th Newbill, 56th A bill to incorporate the City of South Fulton County in Fulton County. SB 452 Shumake, 39th Moye, 34th Langford, 35th Scott, 36th Tate, 38th Egan, 40th Newbill, 56th A bill to incorporate the City of North Fulton County in Fulton County. SB 453 Shumake, 39th Moye, 34th FRIDAY, MARCH 8, 1991 1589 Langford, 35th Scott, 36th Tate, 38th Egan, 40th Steinberg, 42nd Henson, 55th Newbill, 56th A bill to provide that the total ad valorem tax revenues collected by the tax commissioner of Fulton County shall not exceed by 10 percent or more the total ad valorem tax revenues collected during the preceding year; to provide a tax recall election; to provide for applications for tax recall petitions. SB 454 Ray, 19th A bill to provide a new charter for the City of Hawkinsville. HB 800 Broun, 46th A bill to provide that the school superintendent of the Oconee County School District shall be appointed by the board of education rather than be elected. HB 879 Kidd, 25th A bill to provide for the appointment and terms of the members of the Hos pital Authority of Putnam County. HB 880 Kidd, 25th A bill to provide a new charter for the City of Sparta. HB 909 Bowen, 13th A bill to change the penalty provisions for ordinance violations for the City of Moultrie. HB 911 Dawkins, 45th White, 48th A bill to change the date of the organizational meeting of the city governing authority of the City of Loganville, in the Counties of Walton and Gwinnett. HB 920 Hammill, 3rd Hill, 4th A bill to change the provisions relative to the compensation of the sheriff of Bryan County. HB 923 Hammill, 3rd Hill, 4th A bill to change the amount of compensation of the Ordinary, now Probate Court Judge of Bryan County. The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to. On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: 1590 JOURNAL OF THE SENATE Albert Alien Baldwin Bishop Bowen Broun Burton Coleman Collins Dawkins Dean Echols Edge English Foster Garner Gillis Hammill Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate Thompson Timmons Turner Walker of 22nd Walker of 43rd White Voting in the negative were Senators Egan and Newbill. Those not voting were Senators: Clay Harris Deal Langford Taylor Tysinger (excused) On the passage of all the local bills, the yeas were 48, nays 2. All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed. The following local bill of the Senate was taken up for the purpose of considering the House substitute thereto: SB 225. By Senator Shumake of the 39th: A bill to provide that the Fulton County governing authority provide rodent in spection and control services upon request without charge to residential units owned or occupied by persons who are 65 years of age or older or who are physi cally handicapped and who state that they are unable to afford such services; to provide that all citizens have equal access to rat poison and other rodent control substances and devices without regard to whether they rent or own their dwelling places; to provide for definitions. The House substitute to SB 225 was as follows: A BILL To be entitled an Act to provide that the Fulton County governing authority provide rodent inspection and control services upon request without charge to residential units owned or occupied by persons who are 65 years of age or older or who are physically handi capped and who state that they are unable to afford such services; to provide that all citi zens have equal access to rat poison and other rodent control substances and devices with out regard to whether they rent or own their dwelling places; to provide for definitions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. As used in this Act, the term: (1) "County health department" shall mean the Fulton County Health Department or FRIDAY, MARCH 8, 1991 1591 such other department as the governing authority of Fulton County may designate as being responsible for rodent control. (2) "Occupier" shall mean the head of the household or other responsible adult dwelling in a residential unit. (3) "Residential unit" shall mean any house, condominium, or apartment intended for and used as a dwelling and located within Fulton County. Section 2. (a) Upon the request, made in person or through an agent, orally or in writ ing, of any occupier of a residential unit who is 65 years of age or older or who is physically handicapped and is financially unable to pay for such services, the county health depart ment shall cause to be made free of charge an inspection of the residential unit for the presence of rodents. (b) If the inspection by the county health department made pursuant to subsection (a) of this section reveals the presence of rodents, or upon the request of the occupier of the residential unit, as described in subsection (a) of this section, without regard to the inspec tion, the county health department shall commence and continue such control and eradica tion procedures as are reasonably required to control or eradicate rodents in the residential unit. Such control and eradication procedures shall be provided without cost to the occupier. Section 3. All occupiers of residential units who are 65 years of age or older or who are physically handicapped and are financially unable to pay for such services shall be afforded equal access to rat poison and other rodent control substances and devices without regard to whether they own, lease, or rent the residential units. Section 4. All laws and parts of laws in conflict with this Act are repealed. Senator Shumake of the 39th moved that the Senate agree to the House substitute to SB 225. On the motion, the yeas were 33, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 225. The following bill of the Senate was taken up for the purpose of considering the House substitute thereto: SB 158. By Senators Coleman of the 1st, Hill of the 4th and Thompson of the 33rd: A bill to amend Code Section 32-6-51 of the Official Code of Georgia Annotated, relating to the prohibition and regulation of signs, signals, devices, or structures on or near the rights of way of public roads, so as to authorize the erection and maintenance of bus shelters on rights of way of public roads; to authorize com mercial advertisements on such bus shelters. The House substitute to SB 158 was as follows: A BILL To be entitled an Act to amend Code Section 32-6-51 of the Official Code of Georgia Annotated, relating to the prohibition and regulation of signs, signals, devices, or structures on the rights of way of public roads, so as to authorize the erection and maintenance of bus shelters on rights of way of public roads; to authorize commercial advertisements on such bus shelters; to provide conditions and requirements relative thereto; to provide for a defini tion; 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. Code Section 32-6-51 of the Official Code of Georgia Annotated, relating to 1592 JOURNAL OF THE SENATE the prohibition and regulation of signs, signals, devices, or structures on or near the rights of way of public roads, is amended by striking subsection (a) of said Code section in its en tirety and substituting in lieu thereof a new subsection (a) to read as follows: "(a) It shall be unlawful for any person to erect, place, or maintain within the right of way of any public road any sign, signal, or other device except as authorized by subsection (d) of this Code section or as required or authorized by Code Section 32-6-50 or any other law.", and by adding at the end thereof a new subsection (d) to read as follows: "(d) (1) As used in this subsection, the term: (A) 'Bus shelter' means a shelter or bench located at bus stops for the convenience of passengers of public transportation systems owned and operated by governmental units or public authorities. (B) 'Commercial advertisement' means a printed or painted sign encouraging or pro moting the purchase or use of goods or services but does not include campaign posters, signs, or advertisements prohibited by Code Section 21-1-1. (2) Bus shelters, including those on which commercial advertisements are placed, may be erected and maintained on the rights of way of public roads subject to the following conditions and requirements: (A) Any person wishing to erect and maintain a bus shelter on the right of way of a public road shall apply to the department for a permit, and as a condition of the issuance of the permit, the department must approve the bus shelter building plans and the location of the bus shelter on the right of way; provided, however, that such approval is subject to any and all restrictions imposed by Title 23, U.S.C., and Title 23, Code of Federal Regulations relating to the Federal-aid system; (B) If the bus shelter is to be located on the right of way of a county road system or municipal street system, the respective county or municipality must also approve the erec tion and maintenance of the bus shelter, and for that purpose, a copy of the application to the department shall be sent to the respective county or municipality; and (C) As a condition of issuing a permit for the erection of a bus shelter on the right of way of a public road, the department shall require that the bus shelter shall be properly maintained and that its location shall meet minimum setback requirements as follows: (i) Where a curb and gutter are present, there shall be a minimum of four feet clearance from the face of the curb to any portion of the bus shelter or the bus shelter shall be placed at the back of the existing concrete sidewalk; or (ii) Where no curb or gutter is present, the front of the bus shelter shall be at least ten feet from the edge of the main traveled roadway. (3) Any bus shelter erected and maintained on the right of way of a public road in violation of paragraph (2) of this subsection or in violation of the conditions of the permit issued by the department is declared to be a public nuisance and its removal may be or dered by the department. If such a bus shelter is not removed by its owner within 30 days after its owner has been issued a written order of removal by the department, the depart ment may cause the bus shelter to be removed and submit a statement of expenses incurred in the removal to the owner of the bus shelter. If payment or arrangement to make payment is not made within 60 days after the receipt of such statement, the department shall certify the amount thereof to the Attorney General for collection. When a bus shelter is located on a county road system or on a municipal street system, the department may delegate its powers under this paragraph to the respective county or municipality, and the respective county or municipality shall cooperate with and assist the department in enforcing the con ditions of permits issued by the department pursuant to the provisions of this subsection. (4) The person to whom a permit has been issued for the erection and maintenance of a bus shelter on the right of way of a public road shall at all times assume all risks for the bus FRIDAY, MARCH 8, 1991 1593 shelter and shall indemnify and hold harmless the State of Georgia, the department, and any county or municipality against all losses or damages resulting solely from the existence of the bus shelter." 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 158. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bowen Broun Burton Clay Coleman Dawkins Dean Bchols Edge English Foster Gillis Hammill Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate Taylor Thompson Timmons Turner Walker of 22nd Walker of 43rd White Those not voting were Senators: Bishop Collins Deal Egan Garner Harris Hasty Newbill Tysinger (excused) On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 158. The Governor this day informed the Senate that he had vetoed the following Sections of HB 284, a bill providing for appropriations for the State Fiscal Year 1990-91: Section 54, page 64, second paragraph: "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." Section 70, page 73: "No State funds in this appropriation shall be paid to or on behalf of Georgia Indigent Legal Services or its affiliates, nor shall any State facilities be made available for their use, including but not limited to the Georgia Interactive Statewide Telecommunications Net work either directly or indirectly." Section 74, page 75: "There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure 1594 JOURNAL OF THE SENATE unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act." SENATE RULES CALENDAR Friday, March 8, 1991 THIRTY-SIXTH LEGISLATIVE DAY HB 63 Driving Under the Influence--publication of name, address, photograph (Substi tute) (S Judy--45th) HB 448 Where Offenses Bailable--judicial officer in family violence (S Judy--44th) HB 474 Occupational Therapist License--board contract for examination services (H&HS--26th) HB 461 Continuances When Witness Absent--change provisions (Judy--29th) HR 283 Zell Miller Mountain Parkway--redesignate portion of Appalachian Highway (Trans--50th) HR 402 James Earl Carter, Jr. Tribute Commission--create (Rules--24th) HB 182 Dumps--limitation on permit modification (Substitute) (Nat R--14th) HB 285 Appropriations (1991-92)--provide (Substitute) (Approp--47th) HB 120 Supplementary Appropriations--year ending 6/30/91 (Approp--47th) HB 808 Public Transportation Fund Expenditures--payments into certain reserve fund (Substitute) (Approp--47th) HB 238 Emergency Management Rescue Specialist--indemnification, certain ones killed (Approp--27th) HB 232 Cities/Counties--law enforcement assistance contract with other states (Pub S--34th) HB 358 DUI Risk Reduction Program Instructor--criminal record check (Substitute) (Pub S--17th) HR 318 John T. McKenzie Bridge--designate (Trans--14th) HB 554 Indictment of AIDS Transmitting Crime--HIV testing (Substitute) (Judy--44th) HB 637 State Retirement System--change provisions on determination (Ret--5th) HB 199 Juvenile Court Judges Council--associate judges (Judy--29th) HB 383 Certain Check Cashers--revise surety bond requirements (B&FI--55th) HB 671 Uniform Rules of the Road--apply to certain residential areas (Substitute) (Trans--4th) HB 739 Revised Uniform Limited Partnership Act--partner indemnification (S Judy-- 28th) HB 468 Automobile License Plate Resembling Georgia Plate--prohibit (Pub S--13th) HB 333 Delinquent Tax Collection--garnishment procedures of revenue commissioner (B&FI--8th) HB 695 Student Finance Commission, Authority--advertise programs, functions (H Ed-- 7th) Respectfully submitted, /s/ Nathan Dean of the 31st, Chairman Senate Rules Committee FRIDAY, MARCH 8, 1991 1595 The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: HB 63. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Adams of the 79th: A bill to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol or drugs, so as to provide for publication of the name, address, and photograph of each person convicted of driving under the influence of alcohol or drugs. Senate Sponsor: Senator Dawkins of the 45th. The Senate Committee on Special Judiciary offered the following substitute to HB 63: A BILL To be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for assessment of certain drivers after a conviction of or plea of nolo contendere to driving under the influence; to provide for referral to the appropriate component of a DUI Alcohol or Drug Use Risk Reduction Pro gram; to change the alcohol concentration level that constitutes driving under the influence; to change the alcohol concentration level that constitutes driving under the influence for persons under 21 years of age; to change provisions relating to alcohol and drug tests; to change the presumptions which rise from certain alcohol concentrations; to restrict the en try of a plea of nolo contendere to a charge of driving under the influence; to provide that a portion of the fine imposed for a third or subsequent conviction may be ordered to be used for the defendant's drug or alcohol treatment; to provide for disposition of the driver's li cense in an accepted plea of nolo contendere; to provide for the suspension of the drivers' license of certain persons charged with driving under the influence or refusal to submit to a chemical test for the purpose of determining the alcohol or drug content of a person's blood; to provide for sworn suspension reports; to provide for procedures; to provide for the surren der or seizure of a license after a finding of probable cause, to provide for a hearing before a judicial officer; to provide for an appeal; to provide for the immediate suspension of a driver's license; to provide for orders of the court; to provide for periods of suspension; to provide for issuance of a temporary driving permit upon court order; to provide for excep tions; to provide for fees; to change certain provisions relating to penalties upon a conviction of violating Code Section 40-6-391; to provide that such driver's license suspensions shall not affect any other license suspension; to change certain penalty provisions applicable to driving while driver's license is suspended or revoked; to provide for publication of the name, address, and photograph of each person convicted of driving under the influence of alcohol or drugs; to provide for the contents of such notice; to provide for assessment of costs of publication; to provide for immunity; to amend Code Section 17-4-23 of the Official Code of Georgia Annotated, relating to procedure for arrests by citation for motor vehicle violations, so as to change certain requirements regarding arrests by citation; to provide for exceptions to arrests by citation; 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 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking from Code Section 40-5-1, relating to definitions relative to drivers' licenses, paragraphs (7.2) and (12.1), relating to the definitions of a First Of fender DUI Alcohol or Drug Use Risk Reduction Program and a Second Offender Alcohol or Drug Use Risk Reduction Program, in their entirety and by adding a new paragraph (14) to read as follows: "(14) 'DUI Alcohol or Drug Use Risk Reduction Program' means a program certified by the Department of Human Resources which consists of three components: assessment, edu cation/intervention, and intensive intervention. In the case of a first conviction or plea of 1596 JOURNAL OF THE SENATE nolo contendere to a violation of Code Section 40-6-391, the program administers the assess ment component and, based on the results of the assessment, releases the offender or refers such offender to either the education/intervention component or the intensive intervention component. In the case of a second conviction of a violation of Code Section 40-6-391 or in any other instance in which a person may be referred to a DUI Alcohol or Drug Use Risk Reduction Program, the program administers the assessment component and, based on the results of the assessment, refers the offender or other person to either the education/inter vention component or the intensive intervention component." Section 2. Said title is further amended by striking subsection (a) of Code Section 40-555, relating to the implied consent for chemical tests, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: "(a) The State of Georgia considers that the persons who are under the influence of alcohol or drugs while operating a motor vehicle or who have a blood alcohol concentration of 0.10 grams or more at any time within three hours after operating a motor vehicle from alcohol consumed before such driving or actual physical control ended or who have any amount of marijuana or any controlled substance without prescription present in their blood or urine, without regard to the presence of alcohol, while operating a motor vehicle consti tute a direct and immediate threat to the welfare and safety of the general public. There fore, any person who operates a motor vehicle upon the highways or elsewhere throughout this state shall be deemed to have given consent, subject to Code Section 40-6-392, to a chemical test or tests of his blood, breath, or urine or other bodily substances, for the pur pose of determining the alcoholic or drug content of his blood, if arrested for any ofTense arising out of acts alleged to have been committed in violation of Code Section 40-6-391 or if such person is involved in any traffic accident resulting in serious injuries or fatalities. The test or tests shall be administered at the request of a law enforcement officer having reason able grounds to believe that the person has been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this state in violation of Code Section 40-6-391. The test or tests shall be administered as soon as possible to any person who operates a motor vehicle upon the highways or elsewhere throughout this state who is involved in any traffic accident resulting in serious injuries or fatalities. Subject to Code Section 40-6-392, the requesting law enforcement officer shall designate which of the aforesaid tests shall be administered, provided that both a blood and urine test shall be administered to any person operating a motor vehicle involved in a traffic accident resulting in serious injuries or fatalities." Section 3. Said title is further amended by striking paragraphs (1) and (2) of subsection (a) of Code Section 40-5-63, relating to suspension of drivers' licenses, and inserting in lieu thereof new paragraphs (1) and (2) to read as follows: "(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 12 months. 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 such person sub mits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail. A driver's license suspended as a result of a convic tion of a violation of Code Section 40-6-391 shall not become valid and shall remain sus pended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the pre scribed restoration fee. For purposes of this paragraph, an accepted plea of nolo contendere to an offense listed in Code Section 40-5-54 by a person who is under 18 years of age at the time of arrest shall constitute a conviction. For the purposes of this paragraph only, an accepted plea of nolo contendere by a person 18 years of age or older, with no conviction of and no plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years, as measured from the dates of previous arrests for which FRIDAY, MARCH 8, 1991 1597 convictions were obtained or pleas of nolo contendere accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall not be considered a conviction; however, the court having jurisdiction shall forward, as provided in Code Section 40-6-391.1, the record of such disposition of the case to the Department of Public Safety and the record of such disposition shall be kept on file for the purpose of considering and counting such accepted plea of nolo contendere as a conviction under paragraphs (2) and (3) of this subsection; (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. At the end of 120 days, the person may apply to the Department of Public Safety for rein statement of his driver's license. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $35.00 or $25.00 when processed by mail, provided that no assessment shall be required upon such second convic tion. For purposes of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year period of time shall constitute a conviction. For the purposes of this paragraph, a plea of nolo contendere to a charge of violating Code Section 40-6-391 and all prior accepted pleas of nolo contendere within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions; or". Section 4. Said title is further amended by striking Code Sestion 40-5-67, relating to seizure and disposition of the drivers' licenses of persons charged with driving under the influence of alcohol or drugs, in its entirety and inserting in lieu thereof a new Code Section 40-5-67 to read as follows: "40-5-67. (a) As used in this Code section, the term 'judicial officer' shall mean a judge of the superior courts, state courts, magistrate courts, probate courts, municipal courts, or county recorder's courts. (b) Whenever any resident or nonresident person is charged with violating Code Section 40-6-391, the law enforcement officer shall take the driver's license of the person so charged. The driver's license shall be attached to the court's copy of the uniform traffic citation and complaint form and shall be forwarded to the court having jurisdiction of the offense. A copy of the uniform traffic citation and complaint form shall be forwarded, within ten days of issue, to the Department of Public Safety. Taking the driver's license as required in this Code section shall not prohibit any law enforcement officer or agency from requiring any cash bond authorized by Article 1 of Chapter 6 of Title 17. (c) Whenever any resident or nonresident person is charged with violating Code Section 40-6-391 or Code Section 40-5-55, such person shall be subject to suspension of his or her driver's license pursuant to this Code section if: (1) The charging officer has reasonable grounds to believe that the person has commit ted an offense subject to the implied consent provisions of Code Section 40-5-55; and (2) The person is charged with a violation of Code Section 40-5-55 for the willful refusal to submit to a chemical analysis or with driving under the influence of alcohol or drugs in violation of Code Section 40-6-391; or (3) The person is tested and has an alcohol concentration of at least the level required for a presumption of driving under the influence as provided for in Code Section 40-6-392 or, if such person was operating a commercial motor vehicle, an alcohol concentration of 0.04. (d) The arresting officer and any chemical analyst who performed or attempted to per form such breath, blood, or urine tests shall execute a sworn report attesting to the facts which give rise to the charge of refusal to submit to a chemical test or driving under the 1598 JOURNAL OF THE SENATE influence of alcohol and drugs and file such report with the judicial officer before whom such person appears. (e) If properly executed sworn suspension reports are filed with the judicial officer when the person charged is present before such officer, the judicial officer shall, after completing any other proceedings involving the person, determine whether there is probable cause to believe that each of the conditions of subsection (c) of this Code section have been met. If the judicial officer determines that such probable cause exists, the judicial officer shall enter an order suspending the person's driver's license for the period required by this Code sec tion. The judicial officer shall order the person to surrender his license and if necessary may order a law enforcement officer to seize the license. The judicial officer shall give the ar rested person a copy of the suspension order and shall personally and in writing inform the person of his right to a hearing as specified in subsection (g) of this Code section and that his driver's license will remain suspended pending such hearing. If the person is licensed, the suspension under this subsection shall commence at the time the suspension order is issued and shall continue until the person's driver's license has been suspended for ten days and the person has paid the applicable costs. If the person is not currently licensed, the suspension shall continue until ten days from the date the suspension order was issued and until the person has paid the applicable costs. If, within five working days of the effective date of the suspension order provided for in this subsection, the person charged does not surrender his driver's license or demonstrate that he is not currently licensed, the judicial officer shall immediately issue an order for the seizure of the driver's license of such person. The order shall be issued to a member of a local law enforcement agency if the charging officer was employed by the agency at the time of the charge and the person charged resides in or is present in the agency's territorial jurisdiction. In all other cases, the order shall be issued to an officer of the Georgia State Patrol and personally served on such person. (f) If for any reason the person charged is not or cannot be present before the judicial officer, the judicial officer shall make such probable cause determination based upon the sworn suspension report filed by the law enforcement officer or chemical analyst, or both, and consider any testimony of such officer or analyst. If the judicial officer determines that such probable cause exists, he shall mail to the person a suspension order by certified mail. The order shall direct that the person shall, on or before the effective date of the suspension order, either surrender his driver's license to the court or appear before such judicial officer and demonstrate that he is not currently licensed. The order shall inform the person of the time, effective date, and duration of the suspension; of his right to a hearing as specified by this Code section; and that the suspension remains in effect pending such hearing. Suspen sion orders mailed under this subsection become effective on the fourth day after the order is deposited in the United States mail. If, within five working days of the effective date of the order, the person charged does not surrender his driver's license to the judicial officer or appear before the court to demonstrate that he is not currently licensed, the judicial officer shall immediately issue an order for the seizure of such person's driver's license. The order shall be issued and served in the same manner as specified in subsection (e) of this Code section for orders issued pursuant to that subsection. A suspension under this subsection shall commence at the date specified in the order and shall continue until the person's driver's license has been suspended for the period specified in this subsection, and until the person has paid the applicable costs. The period of suspension under this subsection is: (1) Ten days from the date the person surrenders his driver's license to the court if the surrender occurs within five working days of the effective date of the order; (2) Ten days after the person appears before the judicial officer and demonstrates that he is not currently licensed to drive, if the appearance occurs within five working days of the effective date of the suspension; or (3) Thirty days from the time: (A) The person's driver's license is seized by a law enforcement officer following service of an order pursuant to this subsection; FRIDAY, MARCH 8, 1991 1599 (B) The person demonstrates to a law enforcement officer who has an order to seize his driver's license that he is not currently licensed; (C) The person's driver's license is surrendered to the court if the surrender occurs more than five working days after the effective date of the suspension order; or (D) The person appears before the judicial officer to demonstrate that he is not cur rently licensed, if he appears more than five working days after the effective date of the suspension order. When an order is issued for seizure of a driver's license, such order shall inform the person of the right to a hearing as specified in subsection (g) of this Code section and that the suspension remains in effect pending the hearing. An officer serving an order for seizure under this subsection shall return the order to the court indicating the date served or that service could not be effected. If the license was surrendered to the law enforcement officer, the officer shall deposit such license with the court within three days of its surrender. (g) A person whose driver's license is suspended pursuant to this Code section may request in writing a hearing to contest the validity of the suspension. The request may be made to the judicial officer at the time of the person's initial appearance or within ten days of the effective date of the suspension and may specifically request that the hearing be conducted by a judge of the superior court. Unless a superior court judge is specifically requested, any judicial officer possessing the authority to hear the case may conduct the hearing. The suspension of the driver's license shall remain in effect pending the hearing, but such hearing shall be held within five working days if the hearing is before a superior court judge or within three working days if before any other judicial officer. The request for the hearing must specify the grounds upon which the validity of the suspension is chal lenged and the hearing shall be limited to the grounds specified in the request. A witness may submit his evidence by affidavit unless subpoenaed to appear. Any person who appears and testifies is subject to questioning by the judicial officer conducting the hearing, and the judicial officer may adjourn the hearing to seek additional evidence if he is not satisfied with the accuracy or completeness of the evidence. A person contesting the validity of the sus pension of his driver's license may, but is not required to, testify in his own behalf. Unless contested by the person requesting the hearing, the judicial officer may accept as true any matter stated in the suspension report. In order to sustain a driver's license suspension, the judicial officer shall find by a preponderance of the evidence that the conditions set forth in subsection (c) of this Code section were met. At the conclusion of the hearing, the judicial officer shall enter an order either sustaining or rescinding the driver's license suspension. The judicial officer's findings are without prejudice to the person contesting the suspension and to any other potential party as to any other proceedings, civil or criminal, that may involve facts bearing upon the conditions in subsection (c) of this Code section considered by the judicial official. The decision of the judicial officer is final and may not be appealed. If the hearing is not held and completed within five working days of the written request for a hearing before a superior court judge, or within three working days before such other judicial officer, the judicial officer shall enter an order rescinding the suspension, unless the person contesting the suspension contributed to the delay in completing the hearing. If the person requesting the hearing fails to appear at the hearing or any rescheduling thereof after having been properly notified, he forfeits his right to a hearing and the license suspen sion shall continue in effect. (h) Whenever the arresting law enforcement officer determines that a person charged under subsection (c) of this Code section cannot immediately be brought before a judicial officer or that a judicial officer is unavailable, such person shall be informed verbally and in writing that he or she may waive the right to be brought before a judicial officer and that upon such waiver the suspension of such person's driver's license pursuant to this Code section shall begin immediately. The arresting officer shall further inform such person of the right to request a hearing to contest the validity of the suspension of his or her driver's license as provided for in subsection (g) of this Code section. (i) After the applicable period of suspension under this Code section, or if the judicial 1600 JOURNAL OF THE SENATE officer orders the suspension rescinded, the person whose license was suspended may apply to the judicial officer for an order for the issuance of a temporary driving permit and the judicial officer shall issue this temporary permit based on this application. The court shall forward such order to the department within ten days of the issuance of such order. This temporary driving permit shall be valid until the expiration of 180 days, or until the per son's driving privilege is suspended or revoked under any provision of this title. The Depart ment of Public Safety, at its sole discretion, may delay the expiration date of the temporary driving permit, but in no event shall this delay extend beyond the date when such person's driving privilege is suspended or revoked under any provision of this title. The department shall by rules and regulations establish the conditions under which the expiration of the temporary permit may be delayed. (j) (1) If the person is convicted of violating Code Section 40-6-391, the court shall, within ten days, forward the person's driver's license and the record of the disposition of the case to the Department of Public Safety. At this time, the court shall also require the per son to surrender the temporary driving permit issued pursuant to subsection (i) of this Code section. (2) If the person is not convicted of violating Code Section 40-6-391, the court shall return the driver's license to the person, unless the person refused to submit to a blood alcohol test as required by Code Section 40-5-55. If the person refused to submit to such test, the driver's license shall be forwarded to the Department of Public Safety for disposi tion in accordance with Code Section 40-5-55 unless the person can show that he prevailed at a hearing which was held in accordance with subsection (d) of Code Section 40-5-55. (k) A suspension pursuant to this Code section suspends a person's privilege to drive in Georgia whatever the source of his authorization to drive. Suspensions under this Code sec tion are independent of and run concurrently with any other revocation or suspension. No court imposing a period of suspension or revocation following conviction of an offense in volving driving in an impaired condition may give credit for any period of suspension im posed pursuant to this Code section. (1) Unless the judicial officer or judge orders the suspension rescinded, a person whose driver's license is suspended under this Code section shall pay a fee to the Department of Public Safety of $5.00 for a temporary driving permit." Section 5. Said title is further amended by striking subsection (a) of Code Section 40-568, relating to suspension of licenses for failure to complete a DUI alcohol or drug use risk reduction program, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: "(a) The driver's license of any person whose plea of nolo contendere to a charge of violating Code Section 40-6-391 was accepted as provided in Code Section 40-6-391.1 but who fails to complete a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources by the date specified in the court's order issued pursuant to Code Section 40-6-391.1 shall by operation of law be suspended on such date. Such li cense shall be suspended for a period of one year from such date. At any time after suspen sion begins, the person may apply to the Department of Public Safety for reinstatement of his driver's license. Such license shall be reinstated only if the person submits proof of com pletion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail." Section 6. Said title is further amended by striking in its entirety subsection (a) of Code Section 40-5-121, relating to driving while license is suspended or revoked, and inserting in lieu thereof a new subsection (a) to read as follows: "(a) Except when his license has been revoked as a habitual violator under Code Sec tion 40-5-58, any person who drives a motor vehicle on any public highway of this state at a time when his privilege to do so is suspended, disqualified, or revoked shall be guilty of a misdemeanor for a first conviction thereof and, upon a first conviction thereof or plea of FRIDAY, MARCH 8, 1991 1601 nolo contendere 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 ob tained, shall be punished by imprisonment for not less than two days nor more than six months, and there may be imposed in addition thereto a fine of not less than $500.00 nor more than $1,000.00. For the second or subsequent conviction within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo con tendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, such person shall be guilty of a high and aggravated misdemeanor and shall be punished by imprisonment for not less than ten days nor more than 12 months and there may be imposed in addition thereto a fine of not less than $1,000.00 nor more than $2,500.00." Section 7. Said title is further amended by striking subsection (a) of Code Section 40-6391, relating to driving under the influence of alcohol or drugs, and inserting in lieu thereof a new subsection (a) to read as follows: "(a) A person shall not drive or be in actual physical control of any moving vehicle while: (1) Under the influence of alcohol to the extent that it is less safe for the person to drive; (2) Under the influence of any drug to the extent that it is less safe for the person to drive; (3) Under the combined influence of alcohol and any drug to the extent that it is less safe for the person to drive; (4) The person's alcohol concentration is 0.10 grams or more at anytime within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended; or (5) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person's blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person's breath or blood." Section 8. Said title is further amended by striking in its entirety subsection (c) of Code Section 40-6-391, relating to the offense of driving under the influence of alcohol or drugs, and inserting in lieu thereof a new subsection (c) to read as follows: "(c) Every person convicted of violating this Code section shall, upon a first or second conviction thereof, be guilty of a misdemeanor and, upon a third or subsequent conviction thereof, be guilty of a high and aggravated misdemeanor and shall be punished as follows: (1) First conviction with no conviction of and no plea of nolo contendere accepted to a charge of violating this Code section within the previous ten years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted: (A) A fine of not less than $300.00 nor more than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or proba tion; and (B) A period of imprisonment of not less than ten days nor more than 12 months, which period of imprisonment may, at the sole discretion of the judge, be suspended, stayed, or probated; (2) For the second conviction within a ten-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere 1602 JOURNAL OF THE SENATE were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted: (A) A fine of not less than $600.00 nor more than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or proba tion; and (B) (i) A period of imprisonment of not less than 90 days nor more than 12 months. The judge, at his sole discretion and under such terms and conditions as he shall impose, may suspend, stay, or probate all but 48 hours of any term of imprisonment imposed under this paragraph. (ii) The judge, at his sole discretion, may suspend, stay, or probate the minimum 48 hour term of imprisonment not subject to suspension, stay, or probation under division (i) of this subparagraph, provided that a condition of the suspension, stay, or probation of the minimum 48 hour term of imprisonment shall be that the defendant shall perform not less than 80 hours of community service; (3) For the third or subsequent conviction within a ten-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo con tendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted: (A) A fine of not less than $1,000.00 and not more than $5,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation; and (B) (i) A mandatory period of imprisonment of not less than 120 days nor more than 12 months. The judge, at his sole discretion and under such terms and conditions as he shall impose, may suspend, stay, or probate all but ten days of any term of imprisonment im posed under this paragraph. (ii) The judge, at his sole discretion, may suspend, stay, or probate the minimum tenday term of imprisonment not subject to suspension, stay, or probation under division (i) of this subparagraph, provided that a condition of the suspension, stay, or probation of the minimum ten-day term of imprisonment shall be that the defendant shall perform not less than 30 days of community service; (4) For the purpose of imposing a sentence under this subsection, a plea of nolo con tendere shall constitute a conviction." Section 9. Said title is further amended by striking subsection (g) of said Code Section 40-6-391 in its entirety and inserting in lieu thereof a new (g) to read as follows: "(g) (1) If the payment of the fine required under subsection (c) of this Code section will impose an economic hardship on the defendant, the judge, at his sole discretion, may order the defendant to pay such fine in installments and such order may be enforced through a contempt proceeding or a revocation of any probation otherwise authorized by this Code section. (2) In the sole discretion of the judge, he may suspend up to one-half of the fine im posed under paragraph (3) of subsection (c) of this Code section for a third or subsequent conviction conditioned upon the defendant's undergoing an alcohol or drug treatment pro gram approved by the court." Section 10. Said title is further amended by adding at the end of said Code Section 406-391 two new subsections (j) and (k) to read as follows: "(j) (1) The clerk of the court in which a person is convicted under subsection (c) of this Code section shall cause to be published a notice of conviction for each such person con victed. Such notices of conviction shall be published in the manner of legal notices in the legal organ of the county in which such person resides or, in the case of nonresidents, in the legal organ of the county in which the person was convicted. Such notice of conviction shall be one column wide by two inches long and shall contain the photograph, name, and address FRIDAY, MARCH 8, 1991 1603 of the convicted person and the date, time, place of arrest, and disposition of the case and shall be published once in the legal organ of the appropriate county in the second week following such conviction or as soon thereafter as publication may be made. For purposes of this subsection, a plea of nolo contendere shall constitute a conviction. (2) The convicted person for which a notice of conviction is published pursuant to this subsection shall be assessed $25.00 for the cost of publication of such notice and such as sessment shall be imposed at the time of conviction in addition to any other fine imposed pursuant to this Code section. (3) The clerk of the court, the publisher of any legal organ which publishes a notice of conviction, and any other person involved in the publication of an erroneous notice of con viction shall be immune from civil or criminal liability for such erroneous publication, pro vided such publication was made in good faith. (k) A person under the age of 21 shall not drive or be in actual physical control of any moving vehicle while the person's alcohol concentration is 0.04 grams or more at any time within three hours after such driving or being in physical control from alcohol consumed before such driving or being in actual physical control ended. Every person convicted of violating this subsection shall be guilty of a misdemeanor for the first and second convic tions and upon a third or subsequent conviction thereof be guilty of a high and aggravated misdemeanor and shall be punished and fined as provided in subsection (c) of this Code section." Section 11. Said title is further amended by striking subsection (b) of Code Section 406-391.1, relating to entry of a plea of nolo contendere, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: "(b) If the defendant has not been convicted of or had a plea of nolo contendere ac cepted to a charge of violating Code Section 40-6-391 within the previous five years and if the plea of nolo contendere shall be used as provided in paragraph (1) of subsection (a) of Code Section 40-5-63, no such plea shall be accepted unless, at a minimum, the following conditions are met: (1) The defendant's level of alcohol concentration was less than 0.17 grams at the time of arrest or within three hours after driving or being in actual physical control of a moving vehicle; (2) The defendant has filed a verified petition with the court requesting that such plea be accepted and setting forth the facts and special circumstances necessary to enable the judge to determine that accepting such plea is in the best interest of justice; and (3) The judge has reviewed the defendant's driving records that are on file with the Department of Public Safety." Section 12. Said title is further amended by striking subsection (d) of Code Section 406-391.1, relating to entry of a plea of nolo contendere to a charge of driving under the influ ence, in its entirety and inserting in lieu thereof a new subsection (d) to read as follows: "(d) If a plea of nolo contendere is accepted as provided in subsection (b) of this Code section, the judge shall, as a part of the disposition of the case, order the defendant to attend and complete a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources. The order shall stipulate that the defendant shall com plete such program within 120 days and that the defendant shall submit satisfactory evi dence of such completion to the Department of Public Safety and the court. The court shall also require the surrender of the driver's license and shall retain such license until submis sion of proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program. The defendant's driver's license shall be returned by the court immediately upon submission of proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program. The judge shall also notify the defendant that, if he fails to complete such program by the date specified in the court's order, his 120 day driving permit shall be invalid and his driver's license shall be 1604 JOURNAL OF THE SENATE suspended, by operation of law, as provided in Code Section 40-5-68 and shall remain sus pended until the defendant completes such program." Section 13. Said title is further amended by striking subsections (b) and (c) of Code Section 40-6-392, relating to chemical tests for alcohol or drugs in blood, in their entirety and inserting in lieu thereof new subsections (b) and (c) to read as follows: "(b) Except as provided in subsection (c) of this Code section, upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of Code Section 40-6-391, the amount of alcohol in the person's blood at the time alleged, as shown by chemical analysis of the person's blood, urine, breath, or other bodily substance, shall give rise to the following presumptions: (1) If there was at that time an alcohol concentration of 0.05 grams or less, it shall be presumed that the person was not under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (a) of Code Section 40-6-391; (2) If there was at that time an alcohol concentration in excess of 0.05 grams but less than 0.08 grams, such fact shall not give rise to any presumption that the person was or was not under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsec tion (a) of Code Section 40-6-391, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcohol, as prohib ited by paragraphs (1), (2), and (3) of subsection (a) of Code Section 40-6-391; (3) If there was at that time an alcohol concentration of 0.08 grams or more, it shall be presumed that the person was under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (a) of Code Section 40-6-391; and (4) If there was at that time or within three hours after driving or being in actual physi cal control of a moving vehicle from alcohol consumed before such driving or being in actual physical control ended in alcohol concentration of 0.10 or more grams, the person shall be in violation of paragraph (4) of subsection (a) of Code Section 40-6-391. (c) (1) In any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of subsection (i) of Code Section 40-6-391, if there was at that time or within three hours after driving or being in actual physical control of a moving vehicle from alcohol consumed before such driving or being in actual physical control ended an alcohol concentration of 0.04 grams or more in the person's blood, breath, or urine, the person shall be in violation of subsection (i) of Code Section 40-6-391. (2) In any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of subsection (k) of Code Section 40-6-391, if there was at that time or within three hours after driving or being in actual physical control of a moving vehicle from alcohol consumed before such driving or being in actual physical con trol ended an alcohol concentration of 0.04 grams or more in the person's blood, breath, or urine, the person shall be in violation of subsection (k) of Code Section 40-6-391." Section 14. Code Section 17-4-23 of the Official Code of Georgia Annotated, relating to procedure for arrests by citation for motor vehicle violations, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 17-4-23 to read as follows: "17-4-23. (a) Except as provided in Code Section 40-5-67, a law enforcement officer may arrest a person accused of violating any law or ordinance governing the operation, licensing, registration, maintenance, or inspection of motor vehicles by the issuance of a citation, pro vided the offense is committed in his presence or information constituting a basis for arrest concerning the operation of a motor vehicle was received by the arresting officer from a law enforcement officer observing the offense being committed, except that, where the offense results in an accident, an investigating officer may issue citations regardless of whether the offense occurred in the presence of a law enforcement officer. Any citation issued shall enu merate the specific charges against the person and the date upon which the person is to appear and answer the charges. Whenever an arresting officer makes an arrest concerning the operation of a motor vehicle based on information received from another law enforce- FRIDAY, MARCH 8, 1991 1605 ment officer who observed the offense being committed, the citation shall list the name of each officer and each must be present when the charges against the accused person are heard. (b) If the accused person fails to appear as specified in the citation, the judicial officer having jurisdiction of the offense may issue a warrant ordering the apprehension of the person and commanding that he be brought before the court to answer the charge contained within the citation and the charge of his failure to appear as required. The person shall then be allowed to make a reasonable bond to appear on a given date before the court." Section 15. All laws and parts of laws in conflict with this Act are repealed. Senator Pollard of the 24th offered the following amendment: Amend the substitute to HB 63 offered by the Senate Committee on Special Judiciary by adding on line 8 of page 22, after the word "photograph," and before the word "name" the following: "which shall be provided to the clerk by the sheriffs office,"; and by adding on line 19 of page 22, after "$25.00" and before the word "for" the following: "by the court". On the adoption of the amendment, the yeas were 30, nays 7, and the amendment was adopted. Senator Kidd of the 25th offered the following amendment: Amend the substitute to HB 63 offered by the Senate Committee on Special Judiciary by stricking on page 21, line 30 thru line 30, page 22. Renumber the Section 10 where as the Section will be lines 27 thru 29, page 22, line 31 thru line 8 on page 23. On the adoption of the amendment, Senator Dawkins of the 45th called for the yeas and nays; the call was sustained, and the vote was as follows: Those voting in the affirmative were Senators: Bishop Broun EHcahrorilss Johnson Kidd Langford Moye OPelmrrystead Ragan of 10th Scott Shumake Tate ,,Timmons Walker of 22nd Walker of 43rd Those voting in the negative were Senators: Albert Alien Baldwin Burton Clay Coleman Collins Dawkins Deal Dean Edge Egan English Foster Garner Gillis Hasty Henson Hill Hooks Huggins Marable Newbill Perdue Phillips Pollard Ragan of 32nd Ramsey Ray Robinson Starr Steinberg Taylor Thompson Turner White 1606 JOURNAL OF THE SENATE Those not voting were Senators: Bowen Hammill Tysinger (excused) On the adoption of the amendment, the yeas were 17, nays 36, and the amendment was lost. Senators Alien of the 2nd and Coleman of the 1st offered the following amendment: Amend the substitute to HB 63 offered by the Senate Committee on Special Judiciary by striking on page 18, line 21, "first or". On the adoption of the amendment, Senator Dawkins of the 45th called for the yeas and nays; the call was sustained, and the vote was as follows: Those voting in the affirmative were Senators: Alien Bishop Broun ^ Coleman DEcehaonls Egan English Garner Gillis Harris Hooks ^ Kidndson LMaonygeford Olmstead Perry Ragan of 10th Ray Scott Shumake STteinberg T* iamtemons Turner Walker of 22nd Walker of 43rd Those voting in the negative were Senators: Albert Baldwin Burton Collins Dawkins Deal Edge Foster Hasty Henson Hill Huggins Marable Newbill Perdue Phillips Pollard Ragan of 32nd Ramsey Robinson Starr Taylor Thompson White Those not voting were Senators: Bowen Hammill Tysinger (excused) On the adoption of the amendment, the yeas were 29, nays 24, and the amendment was adopted. 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 Alien Baldwin FRIDAY, MARCH 8, 1991 1607 Bishop Broun Burton Clay Coleman Dean Echols Edge Eg|n English Poster Garner Gillis Harris Hasty Henson Hill Hooks Huggins Johnson Langford Marable Move Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner White Those voting in the negative were Senators: Kidd Shumake Walker of 22nd Walker of 43rd Those not voting were Senators: Bowen Hammill Tysinger (excused) On the passage of the bill, the yeas were 49, nays 4. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Thompson of the 33rd introduced the doctor of the day, Dr. Gerald W. Bortolazzo, of Powder Springs, 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 448. By Representatives Benefield of the 72nd, Herbert of the 76th, Buckner of the 72nd and others: A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable, procedures, schedules of bails, and appeal bonds, so as to provide that certain offenses are bailable only before a judicial officer when such offenses involve family violence and substantial injury. 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 Alien Baldwin Bishop Bowen Burton Clay Coleman Collins Deal Dean Edge Egan English Foster Gillis Harris Hasty 1608 JOURNAL OF THE SENATE Henson Hill Hooks Huggins Johnson Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Turner Walker of 22nd White Those not voting were Senators: Broun Dawkins Echols Garner Hammill Kidd Shumake Thompson Timmons Tysinger (excused) Walker of 43rd On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Deal of the 49th, President Pro Tempore, assumed the Chair. HB 474. By Representatives Orrock of the 30th, Morsberger of the 62nd, Redding of the 50th and Selman of the 32nd: A bill to amend Chapter 28 of Title 43 of the Official Code of Georgia Annotated, relating to the licensing of occupational therapists, so as to change definitions, to authorize the State Board of Occupational Therapy to contract for examination services; to modify licensure and examination requirements. Senate Sponsors: Senators Olmstead of the 26th and Steinberg 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 Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Dean Echols Edge English Foster Garner Gillis Harris Hasty Henson Hill Hooks Huggins Johnson Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Steinberg Tate Taylor Thompson Turner Walker of 22nd Walker of 43rd White Those not voting were Senators: FRIDAY, MARCH 8, 1991 1609 Deal (presiding) Egan Hammill Kidd Shumake Starr Timmons Tysinger (excused) On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 461. By Representatives Chambless of the 133rd and Thomas of the 69th: A bill to amend Article 7 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to continuances so as to change the provisions relating to continuance for the absence of a witness and what the application is to show. Senate Sponsor: Senator Baldwin of the 29th. Senator Baldwin of the 29th offered the following substitute to HB 461: A BILL To be entitled an Act to amend Article 7 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to continuances, so as to provide for an additional ground for a continuance because of attendance of a party or an attorney at the General Assembly by reason of such person's service on the staff of certain officers of the General Assembly; to provide for continuances because of service to certain standing committees; to change the provisions relating to continuance for the absence of a witness and what the application is to show; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 7 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to continuances, is amended by striking Code Section 9-10-150, relating to attend ance of a party or an attorney on the General Assembly, and inserting in lieu thereof a new Code Section 9-10-150 to read as follows: "9-10-150. It shall be the duty of the judge of any trial court of this state to continue, on or without motion, any case in the court when any party thereto or his attorney shall, when the case is reached, be absent from the court by reason of his membership in the General Assembly or if lead counsel in such case shall be absent, by reason of his service on the staff of the President Pro Tempore, Speaker Pro Tempore, or the chairman of the Judi ciary Committee or Special Judiciary Committee of the Senate or House of Representatives. Any such continuance shall last during the entire length of any regular or extraordinary session thereof and during the first three weeks of any recessed or adjourned regular or extraordinary session thereof, including the first three weeks immediately following any ses sion adjourned sine die, unless the party, in the absence of his attorney, or the attorney, in the absence of the party, shall, on the call of the case, announce ready for trial; provided, however, that where there are several attorneys engaged by a party, a continuance shall be granted upon a showing by the party or his other counsel that the absent counsel is neces sary or desirable for the proper handling of the case." Section 2. Said article is further amended by striking Code Section 9-10-160, relating to continuance for the absence of a witness, and inserting in lieu thereof a new Code Section 910-160 to read as follows: "9-10-160. All applications for continuances upon the ground of the absence of a wit ness shall show to the court: (1) That the witness is absent; (2) That he has been subpoenaed; (3) That he does not reside outside of the state; 1610 JOURNAL OF THE SENATE (4) That his testimony is material; (5) That the witness is not absent by the permission, directly or indirectly, of the applicant; (6) That the applicant expects he will be able to procure the testimony of the witness at the next term of the court; (7) That the application is not made for the purpose of delay but to enable the party to procure the testimony of the absent witness; and (8) The facts expected to be proved by the absent witness." Section 3. All laws and parts of laws in conflict with this Act are repealed. Senators Baldwin of the 29th and Edge of the 28th offered the following amendment: Amend the substitute to HB 461 offered by Senator Baldwin of the 29th by adding on line 25 of page 1 after the words "the staff of the" the following: "Lieutenant Governor, Speaker of the House of Representatives,". On the adoption of the amendment offered by Senators Baldwin of the 29th and Edge of the 28th, the yeas were 29, nays 0, and the amendment was adopted. On the adoption of the substitute offered by Senator Baldwin of the 29th, the yeas were 33, nays 0, and the substitute was adopted as amended. Senator Deal of the 49th, President Pro Tempore, who was presiding, announced that, pursuant to Senate Rule 143, consideration of HB 461 would be suspended and placed on the Senate General Calendar. HR 283. By Representatives Colwell of the 4th, Twiggs of the 4th, Dover of the llth and others: A resolution redesignating a portion of the Appalachian Highway, State Route 515, beginning at the north end of Interstate 575 and continuing to the border between Georgia and North Carolina, as "The Zell Miller Mountain Parkway". Senate Sponsor: Senator Foster of the 50th. 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 Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan English Foster Garner Gillis Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray FRIDAY, MARCH 8, 1991 1611 Robinson Scott Shumake Steinberg Tate Thompson Timmons Turner Walker of 22nd Walker of 43rd White Voting in the negative was Senator Alien. Those not voting were Senators: Deal (presiding) Hammill Starr Taylor Tysinger (excused) On the adoption of the resolution, the yeas were 50, nays 1. The resolution, having received the requisite constitutional majority, was adopted. Senator Alien of the 2nd gave notice that, at the proper time, he would move that the Senate reconsider its action in adopting HR 283. The President resumed the Chair. HR 402. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and others: A resolution creating the James Earl Carter, Jr. Tribute Commission. Senate Sponsors: Senators Pollard of the 24th 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 Alien Baldwin BisnP Bowen roun ~'*y CCoollleimnsan Dawkins pjeal Dean Echols Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill ",,ook, s Hu^lns Johnson Marable Move Olmstead Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott S,,,tei.nb, erg Tate Thompson Timmons Turner Walker of 22nd Walker of 43rd White Voting in the negative was Senator Kidd. Those not voting were Senators: Burton Edge Langford Newbill Phillips Shumake Starr Taylor Tysinger (excused) 1612 JOURNAL OF THE SENATE On the adoption of the resolution, the yeas were 46, nays 1. The resolution, having received the requisite constitutional majority, was adopted. HB 182. By Representatives Dobbs of the 74th, Patten of the 149th, Porter of the 119th and others: A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to solid waste management, so as to provide for limitations on the modi fication of permits to operate solid waste handling facilities. Senate Sponsor: Senator Hooks of the 14th. The Senate Committee on Natural Resources offered the following substitute to HB 182: A BILL To be entitled an Act to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to solid waste management, so as to provide for limitations on the modi fication of permits to operate solid waste handling facilities; to provide for classifications of modifications; to provide for conditions and requirements; to provide for certain verification prior to certain modifications; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to solid waste management, is amended by striking subsections (e) and (g) of Code Section 128-24, relating to solid waste handling and operating permits, and inserting in their place new subsections (e) and (g), respectively, to read as follows: "(e) (1) The director may suspend, modify, or revoke any permit issued pursuant to this Code section if the holder of the permit is found to be in violation of any of the permit conditions, any order of the director, or fails to perform solid waste handling in accordance with this part or rules promulgated under this part. The director may modify any permit issued pursuant to this Code section in accordance with rules promulgated by the board. All modifications of existing permits shall be classified by the board as either major or minor modifications. All modifications of existing permits to allow vertical or horizontal expansion of existing disposal facilities shall be classified as major permit modifications. (2) Prior to the granting of any major modification of an existing solid waste handling permit by the director, a public hearing shall be held by the governing authority of the county or municipality in which the municipal solid waste facility or special solid waste handling facility requesting the modification is located not less than two weeks prior to the issuance of any permit under this Code section and notice of such hearing shall be posted at the site of such facility and advertised in a newspaper of general circulation serving the county or counties in which such facility is located at least 30 days prior to such hearing. (3) Except as otherwise provided in this part, major modifications shall meet the siting and design standards applicable to new permit applications in effect on the date the modifi cation is approved by the director; provided, however, that all applications for vertical ex pansion of existing solid waste disposal facilities received by the director on or before De cember 31, 1990, shall be allowed no longer than 24 months from the date of the commencement of the permitted vertical expansion unless it is demonstrated to the director in the application or during this period of time that the solid waste disposal facility as vertically expanded meets the siting and design standards applicable to new permit applica tions in effect on the date the modification is approved by the director; provided further, however, that no vertical expansion under this subsection shall be allowed when remaining permitted capacity, as determined by the director, exceeds 24 months from July 1, 1991. FRIDAY, MARCH 8, 1991 1613 Any operation of a vertical expansion during this time period shall be in accordance with conditions set forth by the director in the modified permit. Any owner or operator of a site which does not demonstrate compliance with such standards within such period shall pre pare a final closure plan and cease acceptance of waste no later than the end of such period. In the event that the director determines that no such demonstration of compliance has been made by the owner or operator, he shall notify the owner or operator of such determi nation and may order the owner or operator to cease accepting waste and prepare a final closure plan prior to the end of such period." "(g) Prior to the issuance of any permit for a solid waste handling facility or the grant ing of any major modification of an existing solid waste handling permit, the director shall require written verification to be furnished by the applicant that the proposed facility com plies with local zoning or land use ordinances, if any; and after July 1, 1992, that the pro posed facility is consistent with the local or regional solid waste management plan developed in accordance with standards promulgated pursuant to this part subject to the provisions of Code Section 12-8-31.1 and that the host jurisdiction and the jurisdiction generating solid waste destined for the applicants' facility can demonstrate that they are actively involved in and have a strategy for meeting the state-wide goal of waste reduction by July 1, 1996." Section 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Burton XC,fyman CDoawlhknisns Deai rjean Echols Edge Egan English Garner Gillis Hammill Harris Hasty Henson Hill Hooks JHouhgngsionns fT.^d-JdJ Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ramsey Ray Robinson Scott SShtaurmr ake S0^tem buerg Tate Taylor Thompson Timmons Turner Walker of 22nd Walker of 43rd White Those not voting were Senators: Broun Foster Ragan of 32nd Tysinger (excused) On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. 1614 JOURNAL OF THE SENATE HB 285. By Representatives Murphy of the 18th, Coleman of the 118th, Walker of the 115th and others: A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1991 and ending June 30, 1992. Senate Sponsor: Senator Johnson of the 47th. The Senate Committee on Appropriations offered the following substitute to HB 285: A BILL To be entitled an Act to make and provide appropriations for the State Fiscal Year beginning July 1, 1991, and ending June 30, 1992; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies and for the university system, common schools, counties municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants author ized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws, and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1991, and ending June 30, 1992, 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 $7,900,000,000 (excluding indigent trust fund receipts) for State Fiscal Year 1992. PART I. LEGISLATIVE BRANCH Section 1. Legislative Branch. Budget Unit: Legislative Branch. Personal Services--Staff Personal Services--Elected Officials Regular Operating Expenses Travel--Staff ...... Travel--Elected Officials Capital Outlay ...... Equipment ........ Computer Charges .......... ...... Real Estate Rentals ..... Telecommunications .............. Per Diem, Fees and Contracts-- Staff ........................... Per Diem, Fees and Contracts-- Elected Officials................. Photography Expense Reimbursement Account. Austerity Factor .................. Total Funds Budgeted ............. State Funds Budgeted ............. $23,502,496 $11,706,998 . $3,429,765 . $2,525,427 . . . $111,000 ..... $7,000 .... $--0-- . . . $285,000 . $464,000 $5,000 . . . $752,000 . . . $333,889 . $2,704,841 . . . . $65,000 $1,132,800 . . $(20,224) $23,502,496 $23,502,496 Senate and Research Office Lt. Governor's Office Senate Functional Budgets Total Funds $ 4,328,924 $ 696,279 State Funds 4,328,924 696,279 FRIDAY, MARCH 8, 1991 1615 Secretary of the Senate's Office Total House of Representatives and Research Office Speaker of the House's Office Clerk of the House's Office Total Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Austerity Factor Total $ 1,182,720 $ 6,207,923 House Functional Budgets Total Funds $ 8,836,014 $ 456,640 $ 1,171,517 $ 10,464,171 Joint Functional Budgets Total Funds $ 2,424,190 $ 2,204,310 $ 908,278 $ 1,313,848 $ (20,224) $ 6,830,402 $ 1,182,720 $ 6,207,923 State Funds $ 8,836,014 $ 456,640 $ 1,171,517 $ 10,464,171 State Funds $ 2,424,190 $ 2,204,310 $ 908,278 $ 1,313,848 $ (20,224) $ 6,830,402 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 equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Elec tors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Gov ernment, and the payment and receipt of such allowances shall not be in violation of any law. The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Com mittee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a 1616 JOURNAL OF THE SENATE 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 ................................ $16,090,747 Operations Budget: Personal Services................................................ $13,350,000 Regular Operating Expenses......................................... $395,651 Travel ............................................................ $734,295 Motor Vehicle Purchases............................................ $195,000 Equipment ......................................................... $40,250 Per Diem, Fees and Contracts ........................................ $37,000 Real Estate Rentals ................................................ $800,006 Computer Charges ................................................. $450,433 Telecommunications ................................................ $101,575 Austerity Factor .................................................. $(13,463) Total Funds Budgeted ........................................... $16,090,747 State Funds Budgeted ........................................... $16,090,747 PART II. JUDICIAL BRANCH Section 3. Supreme Court. Budget Unit: Supreme Court........................................ $4,704,980 Personal Services................................................. $3,325,000 Operating Expenses .............................................. $1,385,000 Austerity Factor ................................................... $(5,020) Total Funds Budgeted ............................................ $4,704,980 State Funds Budgeted ............................................ $4,704,980 Section 4. Court of Appeals. Budget Unit: Court of Appeals ...................................... $5,747,494 Personal Services................................................. $4,950,000 Operating Expenses ................................................ $800,000 Austerity Factor ................................................... $(2,506) Total Funds Budgeted ............................................ $5,747,494 State Funds Budgeted ............................................ $5,747,494 Section 5. Superior Courts. Budget Unit: Superior Courts ...................................... $43,121,470 Operation of the Courts ......................................... $40,154,038 Prosecuting Attorneys' Council .................................... $1,623,841 Sentence Review Panel ............................................. $155,150 Council of Superior Court Judges .................................... $120,761 Judicial Administrative Districts ................................... $1,058,000 Habeas Corpus Clerk ................................................ $15,000 Austerity Factor ................................................... $(5,320) Total Funds Budgeted ........................................... $43,121,470 State Funds Budgeted ........................................... $43,121,470 Section 6. Juvenile Courts. Budget Unit: Juvenile Courts ......................................... $832,740 Operations......................................................... $833,501 Austerity Factor ..................................................... $(761) Total Funds Budgeted .............................................. $832,740 State Funds Budgeted .............................................. $832,740 FRIDAY, MARCH 8, 1991 Section 7. Institute of Continuing Judicial Education. Budget Unit: Institute of Continuing Judicial Education Institute's Operations............................... Georgia Magistrate Courts Training Council ................................. Austerity Factor ................................... Total Funds Budgeted.............................. State Funds Budgeted .............................. Section 8. Judicial Council. Budget Unit: Judicial Council................ Council Operations ........................ Payments to Judicial Administrative Districts for Case Counting Board of Court Reporting .................. Payment to Council of Magistrate Court Judges ........................... Payment to Council of Probate Court Judges ........................... Payment to Council of State Court Judges ........................... Payment to Resource Center ............... Payment to Computerized Information Network .................... Austerity Factor .......................... Total Funds Budgeted ..................... State Funds Budgeted ..................... Section 9. Judicial Qualifications Commission. Budget Unit: Judicial Qualification Commission....... Operations ....................................... Austerity Factor ................................. Total Funds Budgeted............................ State Funds Budgeted ............................ Section 10. Indigent Defense Council. Budget Unit: Indigent Defense Council .............. Operations....................................... Austerity Factor ................................. Total Funds Budgeted ............................ State Funds Budgeted ............................ PART III. EXECUTIVE BRANCH Section 11. Department of Administrative Services. A. Budget Unit: Department of Administrative Services Administration and Services Budget: Personal Services................................. Regular Operating Expenses....................... Travel .......................................... Motor Vehicle Purchases.......................... Equipment ...................................... Computer Charges ............................... Real Estate Rentals .............................. Telecommunications .............................. Per Diem, Fees and Contracts ..................... Rents and Maintenance Expense .................. 1617 $591,285 $456,000 $136,000 . . $(715) $591,285 . $591,285 $1,983,371 . . $912,000 . . $76,500 $39,899 . $26,000 . . $20,000 . $12,000 . . $240,000 . . $663,101 $(6,129) $1,983,371 $1,983,371 . $124,568 $125,000 . . $(432) . $124,568 . $124,568 $1,005,000 $1,005,000 . . . $--0-- $1,005,000 $1,005,000 $19,402,827 $49,572,357 $11,163,408 . . . $330,550 . . $377,000 . $1,480,640 $8,699,859 . $3,722,994 . $1,364,480 . . . $530,900 $11,665,402 1618 JOURNAL OF THE SENATE Utilities ............................... Payments to DOAS Fiscal Administration Direct Payments to Georgia Building Authority for Capital Outlay .......... Direct Payments to Georgia Building Authority for Operations .............. Telephone Billings ..................... Materials for Resale .................... Public Safety Officers Indemnity Fund . . Health Planning Review Board .......... Operations ............................ Georgia Golf Hall of Fame Operations Authorities Liability Reserve Fund....... Grants to Counties ..................... Grants to Municipalities ................ Austerity Factor ....................... Total Funds Budgeted .................. State Funds Budgeted .................. Department of Administrative Services Functional Budgets .... $38,550 . . $2,000,000 ..... $--0-- . . $2,500,000 . $40,057,021 . $15,500,000 . $304,400 ....... $245 ... $37,600 ..... $--0-- . . . . . $--0-- . . . . . $--0-- . . . . . $--0-- ... $(33,828) $149,311,333 . $19,402,827 State Properties Commission Departmental Administration Treasury and Fiscal Administration Central Supply Administration Procurement Administration General Services Administration Space Management Administration Data Processing Services Motor Vehicle Services Communication Services Printing Services Surplus Property Services Mail and Courier Services Risk Management Services Austerity Factor Total Total Funds $ 472,967 $ 4,996,365 $ 9,490,745 $ 15,917,275 $ 3,013,418 $ 889,231 $ 550,845 $ 47,853,354 $ 4,045,346 $ 50,851,707 $ 6,308,566 $ 1,717,379 $ 998,797 $ 2,239,166 $ (33,828) $ 149,311,333 State Funds $ 472,967 $ 4,963,031 $ 7,490,745 $ $ $ $ 550,845 $ 2,945,649 $ $ $ $ $ $ $ $ B. Budget Unit: Georgia Building Authority Georgia Building Authority Budget: Personal Services....................... Regular Operating Expenses............. Travel ................................ Motor Vehicle Purchases. ............... Equipment ............................ Computer Charges ..................... Real Estate Rentals .................... Telecommunications .................... $21,560,441 . $5,557,879 .... $27,255 . $280,000 . . $231,785 ... $58,121 . . $17,704 $121,010 FRIDAY, MARCH 8, 1991 Per Diem, Fees and Contracts ............................. Capital Outlay ........................................... Utilities ................................................. Contractual Expense ..................................... Fuel .................................................... Facilities Renovations and Repairs ......................... Total Funds Budgeted .................................... State Funds Budgeted .................................... Georgia Building Authority Functional Budgets Total Funds Grounds 1,989,061 Custodial 5,466,726 Maintenance 5,066,198 Security 5,505,934 Van Pool 397,562 Sales 5,454,356 Administration 10,235,721 Railroad Excursions Facility Renovations 1,592,185 --0-- Total 35,707,743 Section 12. Agency for the Removal of Hazardous Materials. Budget Unit: Agency for the Removal of Hazardous Materials ............................... Operations Budget: Personal Services..................................... Regular Operating Expenses........................... Travel .............................................. Motor Vehicle Purchases.............................. Equipment .......................................... Computer Charges ................................... Real Estate Rentals .................................. Telecommunications .................................. Per Diem, Fees and Contracts ......................... Capital Outlay ....................................... Utilities ............................................. Total Funds Budgeted ................................ State Funds Budgeted ................................ Section 13. Department of Agriculture. A. Budget Unit: Department of Agriculture ............... State Operations Budget: Personal Services..................................... Regular Operating Expenses........................... Travel .............................................. Motor Vehicle Purchases.............................. Equipment .......................................... Computer Charges ................................... Real Estate Rentals .................................. Telecommunications .................................. Per Diem, Fees and Contracts ......................... Market Bulletin Postage .............................. 1619 . . $151,880 .... $--0-- $7,466,638 . . $235,030 .... $--0-- .... $--0-- $35,707,743 .... $--0-- $105,999 $3,621,671 $2,958,281 $391,160 $136,000 . . $220,735 . . . . $1,500 . . . $--0-- . $25,800 . . $875,000 . . . $--0-- . . . $--0-- $8,230,147 . . $105,999 $34,546,581 $30,786,883 . $3,572,606 . $930,524 . $483,197 $90,500 . . $370,676 . . . $731,153 $395,000 . $413,461 . $700,000 1620 JOURNAL OF THE SENATE Payments to Athens and Tifton Veterinary Laboratories................................. Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, and Statesboro ............... Veterinary Fees .......................................... Indemnities.............................................. Advertising Contract ..................................... Payments to Georgia Agrirama Development for Operations............................. Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets .................... Capital Outlay ........................................... Contract--Federation of Southern Cooperatives ............. Tick Control Program .................................... Austerity Factor ......................................... Total Funds Budgeted .................................... State Funds Budgeted .................................... Department of Agriculture Functional Budgets Total Funds Plant Industry 5,191,303 Animal Industry 6,945,790 Marketing 2,130,652 General Field Forces 3,728,392 Internal Administration 4,451,181 Information and Education 1,475,974 Fuel and Measures 3,023,915 Consumer Protection Field Forces 6,421,034 Meat Inspection 4,299,692 Major Markets 4,334,080 Seed Technology 526,395 Entomology and Pesticides 2,130,838 Austerity Factor (28,662) Total 44,630,584 B. Budget Unit: Georgia Agrirama Development Authority Georgia Agrirama Development Authority Budget: Personal Services ................................... Regular Operating Expenses.......................... Travel ............................................. Motor Vehicle Purchases............................. Equipment ......................................... Computer Charges .................................. Real Estate Rentals ................................. Telecommunications ................................. Per Diem, Fees and Contracts ........................ Capital Outlay ...................................... Goods for Resale .................................... Total Funds Budgeted............................... State Funds Budgeted ............................... $2,413,950 $2,004,106 . . $412,000 . $155,000 . . $193,000 . . $560,790 $350,000 .... $--0-- . . $56,400 . . . . $40,000 .. $(28,662) $44,630,584 $34,546,581 State Funds 4,860,553 6,690,790 2,083,652 3,728,392 4,382,181 1,475,974 3,015,415 4,670,440 1,612,928 220,080 --0-- 1,834,838 (28,662) 34,546,581 ..... $--0-- . . . . $670,499 . . . . $164,436 ...... $5,450 ..... $--0-- ...... $5,494 . . . . . $--0-- ..... $--0-- ...... $7,933 ... $36,167 $203,300 $95,000 . $1,188,279 ..... $--0-- FRIDAY, MARCH 8, 1991 1621 Section 14. Department of Banking and Finance. Budget Unit: Department of Banking and Finance .................... $6,957,069 Administration and Examination Budget Personal Services................................................. $5,863,419 Regular Operating Expenses......................................... $290,426 Travel ............................................................ $302,873 Motor Vehicle Purchases............................................ $101,700 Equipment ......................................................... $25,334 Computer Charges ................................................. $102,550 Real Estate Rentals ................................................ $216,893 Telecommunications ................................................. $54,724 Per Diem, Fees and Contracts ......................................... $4,500 Austerity Factor ................................................... $(5,350) Total Funds Budgeted ............................................ $6,957,069 State Funds Budgeted ............................................ $6,957,069 Section 15. Department of Community Affairs. Budget Unit: Department of Community Affairs . State Operations Budget: Personal Services............................. Regular Operating Expenses................... Travel ...................................... Motor Vehicle Purchases...................... Equipment .................................. Computer Charges ........................... Real Estate Rentals .......................... Telecommunications .......................... Per Diem, Fees and Contracts ................. Capital Felony Expenses ....................... Contracts with Regional Development Commissions .................. Local Assistance Grants ...................... Appalachian Regional Commission Assessment . Community Development Block Grants (Federal) ........................... Music Hall of Fame .......................... Local Development Fund .................... Payment to Georgia Residential Finance Authority ......................... Payment to Georgia Environmental Facilities Authority for Operations .......... Austerity Factor ............................ Total Funds Budgeted ....................... State Funds Budgeted ....................... Department of Community Affairs Functional Budgets Total Funds Executive and Administrative 941,087 Technical Assistance Financial Assistance $ 1,426,489 41,783,439 Rural Development 1,150,044 Coordinated Planning 1,480,225 Austerity Factor (2,754) Total 46,778,530 $14,091,478 . $5,728,875 . . $265,600 . . . $153,000 . . $10,000 ..... $2,605 .... $80,275 . . $516,379 .... $51,850 . . $102,000 .... $20,000 . $2,467,500 . . $780,500 . $140,322 $30,000,000 $60,000 $900,000 $5,000,000 . $502,378 . . $(2,754) $46,778,530 $14,091,478 State Funds 904,087 1,293,081 9,453,512 1,099,919 1,343,633 (2,754) 14,091,478 1622 JOURNAL OF THE SENATE 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 .................................. Telecommunications .................................. Per Diem, Fees and Contracts Capital Outlay ....................................... Utilities ............................................. Court Costs.......................................... County Subsidy ...................................... County Subsidy for Jails .............................. County Workcamp Construction Grants Grants for Local Jails ................................ Central Repair Fund Payments to Central State Hospital for Meals ................................. Payments to Central State Hospital for Utilities ............................... Payments to Public Safety for Meals .......................................... Inmate Release Fund ................................. Health Services Purchases ............................ Payments to MAG for Health Care Certification .................................. University of Georgia Cooperative Extension Service Contracts ......................... Minor Construction Fund ............................. Authority Lease Rentals .............................. Grants for independent Probation Systems ............. Austerity Factor ..................................... Total Funds Budgeted Indirect DOAS Funding Georgia Correctional Industries State Funds Budgeted ................................ Administration Institutions and Support Probation Austerity Factor Total Departmental Functional Budgets Total Funds $ 49,206,780 $ 370,013,057 $ 89,183,313 $ (325,656) $ 508,077,494 B. Budget Unit: Board of Pardons and Paroles Board of Pardons and Paroles Budget: Personal Services.......................... Regular Operating Expenses Travel .................................. Motor Vehicle Purchases................... Equipment $498,823,577 $363,772,836 $49,067.099 $1,896,219 . . $2,345,500 . . $5,411,976 . . $3,728,252 . . $4,596,389 . . $4,182,412 . . $2,331,301 .... $--0-- . $13,837,648 .... $486,000 . $13,688,850 . . $9,355.000 ..... $--0..... $--0-- ... $924,000 . . $3,921,000 . . $1,297,891 .... $464,500 $1,600,000 . $25,119,528 ..... $51,749 .... $325,000 .... $--0-- ..... $--0-- ..... $--0-- . . $(325,656) $508,077,494 .... $--0--